FaceYoga: Terms of UseVersion 1.0.1 / Updated: October 10, 2023
This is an agreement ("Agreement") between you and A.S GRAND MOBILE VENTURES LIMITED. Please read this document carefully. You accept and agree to the terms of this Agreement by downloading and/or using mobile application Face Yoga Exercises & Massage ("App") or using the Website
https://quiz.faceyoga.coach/ (the "Site"). The App and the Site are also referred to as the "Service". You should also read and understand Face Yoga Exercises & Massage Privacy Policy, which is incorporated by reference into this Agreement.
Prior to using the Service, it is important for you to know and understand that by using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS, AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SERVICE.
1. HEALTH WARNING AND LIABILITY DISCLAIMERYOU SHOULD CONSULT YOUR DERMATOLOGIST OR OTHER HEALTH CARE PRACTITIONER BEFORE USING THE SERVICE.
NOTHING STATED OR POSTED ON THE APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
"A.S GRAND MOBILE VENTURES LIMITED" SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE.
2. WHO MAY USE THE SERVICEYou must be at least 18 years old to use the Service. Parents and guardians are responsible for monitoring and supervising your child's use of the Service. If your child is using the Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Service, please contact us at
faceyoga_support@tequilab.com.
3. PROFESSIONAL ADVICE AND MEDICAL DISCLAIMERWE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP AND WEBSITE Face Yoga Exercises & Massage ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. You are solely responsible for your own health. The Face Yoga Exercises & Massage App and site are offered for informational purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition.
NOTHING WITHIN THE SERVICES PROVIDED BY THE APP AND SITE IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS.
PLEASE NOTE THAT YOU MUST ALWAYS CONSULT WITH A DOCTOR, YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH BEFORE COMMITTING TO ANY KIND OF FITNESS TRAINING PROGRAM OR ANY DIETARY CHANGES, ESPECIALLY IF YOU ARE PREGNANT OR NURSING OR HAVE ANY HEALTH ISSUES SUCH AS DIABETES, THYROID DYSFUNCTION, ETC.
WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS EDUCATION AND RELATED MATERIALS.
4. GENERAL DISCLAIMERSThe Face Yoga Exercises & Massage App and Site provide the Service on an "as is" and "as available" basis. You, therefore, use the Service at your own risk.
The Face Yoga Exercises & Massage App and Site expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, the Face Yoga Exercises & Massage App and Site makes no representations or warranties:
- That the Service or any particular face yoga or massage program is suitable for you;
- Regarding the adequacy or safety of the Service for any particular user;
- That the Service will meet your personal needs;
- That the Service will be permitted in your jurisdiction;
- That the Service will be uninterrupted or error-free.
The Face Yoga Exercises & Massage App and Site reserves the right to modify the Service. The Face Yoga Exercises & Massage App and Site shall not be responsible for the loss or corruption of your personal profile and training information, your photos, and other data. The Face Yoga Exercises & Massage App and Site hereby waives all claims with respect to damage to your mobile device.
To the extent that a secondary party may have access to or view the digital content displayed through the Service ("Digital Content") on your mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers, and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
5. LIMITATION OF LIABILITYTo the fullest extent permitted by law: in no event shall (i) A.S GRAND MOBILE VENTURES LIMITED and its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) A.S GRAND MOBILE VENTURES LIMITED and its affiliates’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail for their essential purpose.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE.
6. PRIVACYYour privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- When and with whom we share that information.
7. THE SERVICE AND PURCHASES1. Free or paid trial.We may offer a free or paid (for a small payment) trial subscription for service. Unless you cancel at least 24 hours before the end of the trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s payment pop-up screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. If this is not the case, you will purchase our subscription without a trial.
2. Subscription.The Subscription renews automatically for the same period at the end of each Subscription period ( (each week, month, 6 months, year, or otherwise, depending on the option selected by you at the time of purchase) at the cost of the chosen package. Your Account will be charged for the renewed Subscription within 24 hours prior to the end of the current Subscription. If You cancel the automatic renewal within the last 24 hours of the Subscription, such cancellation will take effect at the end of the new Subscription.
3. Payment method.Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple or on our web page or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.
23.4. Cancelation.Your subscription renews automatically at the end of each period until you cancel. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription period.
- if you purchased a Subscription or enabled trial on our websites: please, contact us by email at faceyoga_support@tequilab.com.
- if You purchased the Subscription or enabled trial on the App Store, please, change subscription settings of Your Account. Learn more about managing subscriptions (and how to cancel them) on the Apple support page.
If You uninstall the App, Your Subscription will not stop automatically. You must cancel the automatic renewal of Your Subscription in order not to be charged with the cost of the new Subscription.
8. SERVICE AND DIGITAL CONTENTa. Proprietary Rights. All materials and content on the Service, including, without limitation, names, logos, service marks, trademarks, images, text, columns, graphics, Digital Content and other videos, photographs, illustrations, artwork, software, scripts, sounds, music, interactive features and the like and other elements, (collectively, "Service Content") are owned by or licensed to A.S GRAND MOBILE VENTURES LIMITED, subject to copyright and other intellectual property rights under the law and are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by A.S GRAND MOBILE VENTURES LIMITED.
b. License to Digital Content. Subject to your payment of any subscription fees (including applicable taxes) to obtain access to the Digital Content and personalized training recommendations, and your compliance with all other terms of the Agreement, A.S GRAND MOBILE VENTURES LIMITED grants you a non-exclusive, non-transferable, non-sublicensable, limited right, and license, during the applicable viewing period, to access, view, use and display the Digital Content for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishments, even if no fee is charged for viewing the Digital Content.
c. Availability of Digital Content. During the term of your subscription, the respective Digital Content may be downloaded to and accessed from your smartphone or tablet (the App) and/or streamed through your smartphone, tablet, computer, and used at your convenience.
d. General Restrictions. You may not transfer, copy or display the Service Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Service Content to any third party, (ii) remove any proprietary notices or labels on the Service Content, or (iii) use the App, Web and/or the Service Content for any commercial or illegal purpose.
9. SUBMISSIONSAs between you and the Face Yoga Exercises & Massage app and site you own all content that you submit to the Face Yoga Exercises & Massage, whether directly via the Service or indirectly (for example, via Facebook, Instagram, or Twitter). However, it is important that you understand that by posting a submission to the Face Yoga Exercises & Massage app and site, you are granting the Face Yoga Exercises & Massage app and site and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name, and likeness, photographs, and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.
If you make suggestions to the Face Yoga Exercises & Massage app and site on improving or adding new features to the Service, the Face Yoga Exercises & Massage app and site shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to the Face Yoga Exercises & Massage app and site and grant the licenses set forth above; (ii) the Face Yoga Exercises & Massage app and site will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
10. INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless A.S GRAND MOBILE VENTURES LIMITED and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses, and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Face Yoga Exercises & Massage app and site violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. The Face Yoga Exercises & Massage app and site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Face Yoga Exercises & Massage app and site in connection therewith.
11. ADDITIONAL TERMSa. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and A.S GRAND MOBILE VENTURES LIMITED may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such an event, you must delete all copies of Digital Content that you possess, and A.S GRAND MOBILE VENTURES LIMITED shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Explicit Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Service at your sole risk, and A.S GRAND MOBILE VENTURES LIMITED shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that A.S GRAND MOBILE VENTURES LIMITED does not guarantee their accuracy.
c. Amendments. A.S GRAND MOBILE VENTURES LIMITED reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
d. Disputes/Binding Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement shall be settled solely by binding arbitration. The arbitration shall be conducted in Nicosia, Cyprus and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Nicosia, Cyprus necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
e. Contact Information. For communications concerning this Agreement, please write to Φλωρίνης, 7, GREG TOWER, Floor 2, 1065, Λευκωσία, Κύπρος (Nicosia, Cyprus)
Support email:
faceyoga_support@tequilab.com