Table of Contents
- Account with Yogobe
- User requirements – customer at Yogobe
- Fees & services
- Your content
- Yogobe IP / Restrictions
- User content
- Account management
- Acceptable uses
- Termination and termination of services
- Disclaimer and Limitation of Liability
- Contracting entity
- Other conditions
- Terms for certain customers and countries
The Internet service http://yogobe.com and its associated app for Apple and Google (hereinafter "the Website") is owned and operated by Yogobe AB org.nr. 556914-7787 (hereinafter "YOGOBE").
Thank you for using Yogobe AB's products, services, websites and apps, designated “Yogobe” (“Yogobe Services”) or “Yogobe Store” (“Store Services”).
You undertake to stay up to date and to follow the published rules and customer terms at all times. You can always see information regarding your subscription and settings when logged in to Yogobe.com
YOGOBE will to a reasonable extent assist you with questions or problems regarding your subscription or your account. YOGOBE can be reached via e-mail or telephone, under "Contact us" on the website.
2. ACCOUNT WITH YOGOBE
You can create an account with Yogobe through Yogobe LIVE, Yogobe Courses, Yogobe Play (the subscription service), specific business or self-care programs, challenges or content pages. You can also create an account when registering for an activity or event, event booking, survey, or study, or by actively signing up for YOGOBE's newsletter. For Yogobe Play, you get to try the subscription service free of charge for a period when entering your payment information and starting a subscription period (this can always be canceled before billing starts). For other routes, you do not start a subscription or commit to ongoing payments. As a private customer (B2C), you may only have 1 (one) account with YOGOBE and it is personal. As a corporate customer (B2B or B2H), you may have one account per workplace, unless another agreement is made between you and YOGOBE.
To create a Yogobe Play account means that you will be offered the opportunity to test the subscription service for a limited time. No charge, no binding time. Either via a trial offer or by using a campaign code. You start a paying recurring subscription via the payment providers Adyen or Trustly. You can also choose to pay for your membership with YOGOBE via a wellness grant provider/portal/Corporate wellness platforms such as Benify, Epassi, Wellnet or Benefits. In this case, you do not need to initiate a paying ongoing subscription via bank and/or card payment, instead, the payment is administered via the portal in question. Payment via invoice may also occur in exceptional cases.
To be able to create an account, you enter your name, email address and personal password. Other information such as address, birthday and phone number can be added in your settings. You primarily use your email address and password to log in to the service. If you signed up via FB- or Google credentials, then login via these authenticators also works. The same goes for our Corporate wellness partners such as Benify and/or Epassi. You are responsible for ensuring that your login information is not disseminated.
When you are a paying member of YOGOBE, which means that you have started a subscription to take part in e.g. our library of videos and audios or is a temporarily active member via a trial period or campaign code, you will have access to sections, content and features that are not available to those who are not logged in as a member with active access.
3. USER REQUIREMENTS - YOGOBE CUSTOMER
3.1. Legal person
If you are an individual, you may only use the Services if you have the authority to enter into an agreement with YOGOBE. If you do not have the authority to enter into an agreement, you are not entitled to use the Services. If you are not an individual, you ensure that you represent a validly formed organization that exists under the laws of your jurisdiction, that you have full authority and permission to enter into agreements with these Terms and that you have duly authorized your agent to bind you to these Terms. If you as a legal entity wish to purchase several subscriptions or manage your account, you are welcome to contact our CEO, peter(at)yogobe.com.
3.2. Private person
You, and consequently all unique Account Holders, declare as a private individual that the service will only be used for individual use. You must also provide the correct name, personal number, email address, postal address, telephone number and payment information. You are obliged to update this information if it should change at any time. Make sure this is done if you move.
“Minors” are persons under the age of 13 in Sweden, Norway, Finland, England, or the USA, or what applies to the country where you live, eg 16 or 18 years. None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services unless parents have given their written consent to Yogobe. By using the Services, you certify that you are not a Minor.
If you are the parent of a child below the Age Limit and become aware that your child has provided personal information to YOGOBE, please contact us at [email protected] so that you can request to exercise your applicable access, correction, termination and / or objection rights.
4. FEES AND SERVICES
You agree to pay YOGOBE all fees for each Service you purchase or use (including any excess fees), in accordance with the prices and payment terms presented to you for the Service in question. If applicable, you will be charged via the payment method you choose via your Subscription Settings as a logged-in member. If you have chosen to pay the fees by bank payment, bank transfer or debit or credit card, you certify that the information you provide is correct and that you will notify YOGOBE as soon as possible of any changes to this information. Fees paid by you are non-refundable, except as set forth in these Terms or if required by law.
4.1. Ongoing subscription and one-off payments
YOGOBE gives our customers the opportunity to, when creating an account or as a logged-in user, actively make a choice to continuously, in advance, subscribe to a monthly subscription of SEK 229 SEK per month. In addition, it is possible to pay your subscription in advance for several months at a time and thus receive a discount on the monthly cost. The advance payment is made for a fixed number of months and then gives a given discount in SEK. For advance payment of a 3-month subscription, you pay SEK 599 (ordinary price SEK 567), for advance payment of a 12-month subscription, you pay SEK 2299 (ordinary price SEK 2728). Yogobe can also choose to withdraw money from you after an initiated subscription period/periods and in this case, your payments are not an advance payment. This is done either by withdrawing money from your connected credit card, bank or via invoice with a 10-day payment period. See a compilation of the prices that apply to purchases directly from Yogobe.com:
- 1 month: 229 SEK, billed monthly
- 3 months: 599 SEK, billed quarterly
- 12 months: 2299 SEK, billed yearly
If/when you choose to pay for Yogobe via Google Play or the App Store, you start a paying subscription with them, not with us.
You can also make one-off purchases for courses, programs, bundles/theme pages and/or LIVE events and activities at Yogobe. Unfortunately, you cannot yet make one-time purchases through our apps. The prices applicable for purchases via Google Play or the App Store are no different from the prices on Yogobe.com, even though they charge us a high fee.
Prices, discount rates and selectable numbers of months are subject to change by YOGOBE. All prices quoted are inclusive of VAT. Special offers with a limited validity period may occur, such as through wellness providers, partners or trial offers.
By initiating a purchase and becoming an active paying subscriber of YOGOBE PLAY, you agree that YOGOBE will debit you, your debit or credit card, bank account or employer the cost of your one-off payments or your subscription monthly or in accordance with the type of subscription you have chosen. In the case of a paper invoice, any other costs may be added to your subscription. Costs that may be added are invoicing fees.
When you for example become a monthly subscriber, your card or account will be debited on the day you make the payment (as a new member this will occur after your trial period) or actively choose to upgrade your subscription type. The next charge will be made after 25 days and thereafter on an ongoing basis every 30th day. Due to maturities at your bank, we carry out withdrawals 5 days before your access time expires to ensure your uninterrupted subscription access and of course, these 5 days remain deposited in your account on the day you may choose to cancel your subscription. More information about this under Settings / Subscription as a logged-in member. Quarterly and annual subscriptions work in the same way.
When you choose to pay for a service at Yogobe, your card and/or bank details are saved to make it easier and more accessible to use the services in the future. You can also connect several payment methods to Yogobe to ensure uninterrupted payment flows.
4.1.1 VAT at Yogobe
Yogobe offers two different services in the real of yoga and physical exercise:
- Access to video and audio sessions and other digital content on demand, i.e. pre-recorded material that is available through video library, playlists, programs, challenges and online courses (25% VAT).
- Access to events, classes and courses in real time LIVE online (6% VAT)
In practical terms, this means that different VAT rates are clearly specified on the receipt you receive from YOGOBE in accordance with the VAT rules of the Swedish Tax Agency’s (Skatteverket). Some of our customers and resellers, such as various wellness grant companies, Apple and Google can not handle different VAT rates. We will then charge you the higher VAT rate, 25%, for the entire service but without changing your total cost. We thus take the cost that it entails for the benefit of you as a member to have an unhindered experience as a subscriber.
Right of withdrawal:
The two-week right of withdrawal applies in accordance with the Distance and Home Sales Act (2005: 59). The right of withdrawal does not apply if you have used the service during the withdrawal period. If you have taken part of a special offer where you received a discount on a product from the Yogobe Store, you can only get back the amount of the offer minus the product cost during the right of withdrawal, in the event that you have already used the code and placed an order for the product.
4.1.2 Cancel an active/paying subscription
A subscription with YOGOBE is automatically renewed every month or in accordance with the type of subscription you have agreed on, given of course that you do not cancel your current subscription before then. Termination can take place at any time, but in order for the subscription not to be extended, you must cancel your subscription at least 5 days before your access period expires. To cancel your subscription, do so personally under your Settings / Subscription as a logged-in member where you can also see the day for the next automatic subscription charge. If / when you choose to cancel a subscription, you will of course have access for the entire period you paid for. YOGOBE does not offer a refund for a partially unused payment period and of course, you have access to the service during the entire period / your outstanding access time.
If you become a member on the 10th day of month 1 and choose to end your paying monthly subscription on the 29th day of month 1, you will have access to your subscription until the 10th day of month 2.
Why: When you got your subscription with Yogobe, you were charged in advance for a full month. Therefore, you will also have access to the service during the corresponding subscription period. This applies to all subscription and member types.
Termination takes place in logged-in mode, under Settings - Subscription. A confirmation of the termination will be sent via email. YOGOBE does not guarantee receipt of termination that takes place orally, via social media, email or letter.
4.1.3 Cancel subscription via App Store or Google Play
If/when you choose to pay for Yogobe via Google Play or the App Store, you start a paying subscription with them, not with us. When you want to cancel a subscription, it is therefore important that you do so directly on your iOS or Android device and not on Yogobe.com or in Yogobe's app. For example: If you want to take part in a subscription offer offered on Yogobe.com but you already have a subscription through the app, you must first cancel that subscription through AppStore or Google Play. Once that is done, you can initiate a subscription on Yogobe.com. This is to reduce the risk of having double subscriptions.
4.2 Online courses, premium programs and theme/content pages
Online courses, premium programs and theme/content pages of selected content can be purchased separately or independently from the subscription service Yogobe Play. Both by private individuals as well as companies. To participate the participant is required to already have or to create an account on Yogobe, but there is no explicit requirement for having a paying subscription, unless it is explicitly stated.
After purchasing an online course you will have access to the course material via Yogobe’s online platform for a predetermined period of time, normally 90-365 days. This is communicated to you as part of the overview information prior to purchase.
4.2.1 Data and history
On your behalf, YOGOBE saves user data and history in your member account for at least 24 months after the course or program has ended. If you want to maintain access to your information, progress and input data from your course, program or theme/content page, you have the opportunity to renew your access within this time period of 24 months.
4.3 YOGOBE LIVE
Yogobe LIVE is a service offered in addition to Subscriptions and Online courses. Members can through this service participate in live-stream activities and sessions together with experts, teachers, instructors, psychologists and therapists.
4.3.1 Participation in Yogobe LIVE
To participate in a Yogobe LIVE session, you are required to have an account on Yogobe. The sessions are streamed via a third-party provider, but they could also be streamed directly via Yogobe. When you have signed up for a LIVE session or course you will receive links and necessary information/keys needed for participation. It is strictly prohibited to share the event link and passcode and if these rules are violated, you might be subject to account removal.
4.3.2 Recording and use
Recording of material is only permitted by Yogobe and Yogobe also has the exclusive right, if the material is recorded, to use the material freely for purposes such as marketing, publishing in the video library or otherwise.
As a participant, you are hence not allowed to:
- Republish material from a LIVE session
- Copy or reproduce any part of a LIVE session
- Distribute any of the material or content from a LIVE session
4.3.3 Payment and VAT
When you pay to participate in a LIVE session, the price is the price advertised by Yogobe and VAT is 6%. Payment is usually made by card or Swish payment directly on Yogobe.com. For members who have an active subscription on Yogobe.com, or have bought an active membership with their wellness grant via a wellness partner (frisk- och förmånsportal så som Benify och Epassi), some Yogobe LIVE classes are included in the membership every month. If you have an active Yogobe PLAY subscription you may be offered discounts on other services, such as premium LIVE-sessions.
When you are an active Yogobe PLAY subscriber you automatically have access to LIVE-streamed material on-demand for up to 72 hours after completion of the real-time-event. If you have bought access to a LIVE event without having an active Yogobe Play subscription, you will not have access to the LIVE-material after the session ends.
4.3.4 Right of withdrawal and refund Yogobe LIVE
When you buy a service from Yogobe that is streamed live, you have no right to a withdrawal or right to a refund. Through your purchase, you give consent to this. In the event of illness or other reason that causes an expert or Yogobe to cancel a live-streamed session, you will receive a renewed invitation to a corresponding experience. If you have any questions, you are welcome to contact us at [email protected].
4.4 Price change
YOGOBE reserves the right to change monthly costs and other fees as well as add new monthly costs or fees regarding our products and services. YOGOBE will notify you in writing and within a reasonable time of such change in the fees so that you have the opportunity to cancel your subscription before the change takes effect.
4.5 Payment methods
4.5.1 Payment methods for subscriptions
For your recurring subscription, you can choose to pay by debit and credit card (VISA MASTERCARD) or direct payment via your bank through a collaboration with Trustly AB, should your geographical base be Sweden. If you want to change/upgrade a subscription type/form during an ongoing subscription, you can do so via Settings - Subscription as a logged-in member. If you wish to change the form of payment and instead receive a paper invoice, you do so most easily by contacting us at [email protected]. When you choose to upgrade your subscription to another subscription type, you will be charged according to your choice. Confirmation will be automatically sent to you by email and the payment will be registered and saved under "Receipts" in your settings after your active choice has been charged to the debit or credit card or bank account that you have linked to YOGOBE. The time you have left on your existing subscription will of course be added to the time covered by your upgrade. If you enjoy free access to Yogobe PLAY your outstanding free days will also be added on top when you start a paying membership.
Advance payment is made via the Website, through Apple, Google Play, wellness providers (Frisk- och förmånsportaler) and in exceptional cases via invoice. Upon payment, the cost for the entire advance period is drawn directly.
If you choose to cancel your paying subscription during the advance period, the amount for the remaining time, or for any remaining credits, will not be refunded or credited.
If you have an ongoing subscription, and upgrade it with a wellness payment via one of Yogobe's wellness grant partners, your ongoing subscription will automatically resume when the wellness payment period is over unless you cancel your subscription before then or place a new order of Yogobe via your wellness provider.
YOGOBE reserves the right to discontinue offering different types of subscription options (prepayment) within the framework of its membership.
YOGOBE debits your credit card or bank account on an ongoing basis for each type of subscription from the first day until the subscription is terminated. If termination is not made, your current subscription will be renewed. If the current subscription alternative does not exist or can be claimed, the subscription is transferred to, in accordance with the regular price list, a subscription with the corresponding amount of time either monthly, every “3-month” or “12-month” credit card or bank account debit.
4.5.2 Payment methods for online courses and LIVE
When buying an online course, premium program or a session via Yogobe LIVE, you can choose to pay by debit and credit card (VISA/MASTERCARD) or direct payment through Swish.
4.6 Failed payments and fees
In the event of a failed payment of the subscription costs, YOGOBE has the right to pause access to the subscription service. This applies until payment is made again.
When paying by credit card or direct payment via a bank account, YOGOBE makes three attempts during three consecutive days to withdraw money. If payment has not been received on the 3rd try, a new attempt is made after seven days. If payment has not been received on the 4th try, YOGOBE will contact you by email and then try to make renewed withdrawals monthly on the last day of the month.
In cases where we have subscriptions that are paid via invoice with a 10-day payment period, a reminder fee of SEK 50 per reminder is added. For debt collection cases, the usual debt collection fee and interest on arrears are paid. For payment of incorrect payments, an administrative fee of SEK 50 is added.
4.7 Campaign codes and access codes
4.7.1 Campaign codes
Introductory offers or so-called campaign codes that mean that you can test the subscription service Yogobe Play free of charge for a limited time, are only available for new members of Yogobe PLAY (a user or new user who has not previously explored the subscription service). The introductory offer is only valid once per person and when a person chooses to test Yogobe Play and cannot be combined with other access- or campaign code offers. The introductory offer period starts when you start a Yogobe Play subscription with a free trial period. When the introductory offer period ends, your membership will automatically be renewed with the subscription plan of your choice.
4.7.2 Access codes
You can get access to YOGOBE’s services and content through a so-called access code. An access code can be used by both new and existing users of YOGOBE and gives you access to selected content for a limited time. You can get an access code from e.g. one of YOGOBE’s clients and partners such as insurance companies, healthcare providers, workout companies, customer/membership clubs or through your employer.
4.7.3 Discount code
You can access YOGOBE's services and content at a discounted rate. A discount code can be used by both new and existing users at YOGOBE, users for all business areas: Play, LIVE and Courses. A discount code can be applied to a one-time purchase of LIVE or a course or subscription purchase with different conditions. They usually only apply to the first subscription period but could involve a recurring payment plan.
4.8 Special offers
A special offer to use the YOGOBE service at a lower price, with a certain discount or with a product included for a limited time, applies once per person and cannot be combined with other offers. After a period with a special offer linked to the subscription, the subscription automatically changes to a paying, recurring subscription at the regular price. The special offer only applies to the conditions specified in the offer.
4.9 Gift card
You can purchase one-time access to Yogobe Play as a gift for your friends! Read more about these gift cards for a subscription here - You can buy one month for SEK 229, one quarter for SEK 599or 12 months for SEK 2299.
In all cases, you will receive a confirmation email including a receipt. In the email, you will receive complete instructions on how your friend can easily go about taking part in this gift card. You can also print a gift card that you can hand over to your friend. The same applies for courses. In short, you will be giving the friend a unique access code with a preset access period.
- You cannot give a gift card to yourself.
- You can buy more than one gift card.
- The recipient can be a member of Yogobe or not.
- The code is specified either as a campaign code when registering as a new YOGOBE member, or under "Gift card" under Settings – Subscription when you are logged in as a member.
- If you are already a paying member with a regular subscription, your account will be upgraded with the number of days that the gift card covers.
- The recipient has 12 months to start their subscription period with YOGOBE.
Email: [email protected] for questions or further information.
4.10 Events, travel, trainings and other activities
YOGOBE markets its own activities and acts as a mediator and reseller of others' activities. Upon purchase, you will receive a confirmation email, which includes a receipt for completed purchases. The confirmation also serves as a ticket to the current activity if nothing else is communicated in connection with the transaction. When mediating, we put you in direct contact with the organizer.
Entering of agreement:
When buying a ticket to an event or activity, a contractual relationship arises between the customer and the current organizer regarding the implementation of the event. YOGOBE and/or the Yogobe Store act only as ticket agents and act on behalf of the organizer and on his behalf. By purchasing a ticket, the customer instructs YOGOBE to mediate the purchase of and to dispatch the ticket.
By clicking on the field "BUY" at YOGOBE, the customer submits an offer to buy a ticket. The purchase agreement between the customer and the organizer is entered into when YOGOBE sends a confirmation to the customer.
Price and payment terms:
- The total price, i.e. the ticket price including all fees, must be paid immediately at the conclusion of the purchase agreement. VAT is included in the price. The customer is responsible for checking that the price matches the order.
- The customer can pay with an account and credit card (Visa or MasterCard) at YOGOBE via Adyen on the Internet.
- A service fee may be charged, depending on the event. Delivery and administration costs are included in the total price. When booking online, a specific delivery fee is shown in the confirmation email, otherwise a standard delivery fee of 20% applies. In the event that the event is canceled, neither any service fee nor delivery cost will be refunded. In case of changes in the event, repurchases can be offered in certain cases - decisions are made by the organizer. Then the ticket price and any applicable service fee or delivery cost will be refunded.
Right of withdrawal:
In accordance with Chapter 2, Section 3, the two-week right of withdrawal in the Distance and Home Sales Act (2005: 59) is not applicable in cases involving tickets to concerts, sporting events or any other similar leisure activities, such as Yoga and/or meditation.
It is the customer's own responsibility to check if the activity's date, time and/or place has changed. In the event of a canceled event, the ticket is only repurchased on behalf of the organizer, within one month after the date of the activity.
Limitation of liability:
The organizer's liability is limited as stated in Swedish consumer legislation.
Tickets are purchased for personal use and may not be resold for commercial profit-making purposes. By commercial purpose, we mean a sales price that exceeds the original price of the ticket, including any service fees. Resale (or suspicion of resale) may constitute a breach of the terms of purchase concerning personal use and be grounds for cancellation of the validity of the ticket.
In short, this section concerns you who are a corporate customer of YOGOBE abroad. In other respects, your subscription payments and transactions with us as a private individual include VAT. Please read if you want to know in detail how taxes work:
If nothing is stated, you are responsible for all taxes and VAT associated with the sale of the Services, including all related penalties and interest (collectively: "Taxes"). Therefore, you pay VAT as part of your subscription and when you buy products / services from YOGOBE. You pay YOGOBE without deduction for Taxes. That said, if / when YOGOBE is required to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide YOGOBE with a valid tax exemption certificate issued by the appropriate tax authority or other documentation providing proof that no tax should be charged. YOGOBE does not charge VAT if you provide us with a VAT number issued by a tax authority in the European Union, you purchase the Services from YOGOBE AB for business purposes and you reside in an EU Member State other than YOGOBE AB. If you have a legal obligation to withhold Tax from your payments to YOGOBE, you must provide YOGOBE with an official tax receipt or other appropriate documentation to prove such payments.
5.2. Confidential information
YOGOBE stores and processes your Content in a manner that complies with industry security standards. YOGOBE has implemented appropriate technical, organizational and administrative systems, policies and procedures to promote the security, integrity and confidentiality of your Content and to reduce the risk of unauthorized access to or use of your Content. Access to the spaces where personal data is stored is limited and it is required that employees are identified for access.
6. YOUR CONTENT
6.1. You retain ownership of your Content
You retain ownership of all your intellectual property rights in your Content. YOGOBE does not claim any of your Content. These Terms do not grant us any license or right to your Content except the limited rights necessary for us to be able to provide the Services, and in the manner otherwise described in these Terms.
6.2. Limited License for Your Content
6.3. Copyright Claims (DMCA Notices)
If you believe that your works have been used in a manner that constitutes an infringement of copyright, you can notify YOGOBE's representative, peter (at) yogobe.com of any claim of copyright infringement.
6.4. Other IP claims
YOGOBE respects the intellectual property rights of others and we expect our users to do the same. If you suspect that a YOGOBE user is infringing your intellectual property rights, you can report it to member (at) yogobe.com with the aim of requesting the concerned an opportunity for rectification. Claims of copyright infringement must comply with Swedish law.
7. YOGOBE'S IP / RESTRICTIONS
7.1. YOGOBE’s IP
Neither these Terms nor your use of the Services gives you ownership of the Services or the Content that you access through the Services (other than your Content). These Terms do not entitle you to use YOGOBE's trademarks or other brand elements.
The copyright and other rights in Materials that you access through the Service such as images, text, downloads, bookmarks, save or stream from YOGOBE's streaming service belong to YOGOBE or YOGOBE's licensor. To enforce these rights, YOGOBE uses technology that protects digital information and limits your ability to view Materials in accordance with the rules of use given by YOGOBE or its licensors. Keep in mind that:
- You may only stream and view Materials for private use unless otherwise specifically agreed.
- You may not personally, or in any way encourage or facilitate anyone else to copy, reproduce, lend, transmit, distribute or otherwise transfer Material.
- You may not, or in any way encourage or facilitate that anyone else circumvents, modifies, removes, decompiles, disassembles, modifies or otherwise manipulates any security, encryption or other rights management technology or software that is part of any Material or in the way the files are streamed to you.
- You agree that YOGOBE may use technology to verify your geographical location.
- You agree that, in addition to the rights that YOGOBE or its licensors have, all violations of these Terms and Conditions give YOGOBE the right to terminate your access to YOGOBE's streaming service with immediate effect and without notice. You specifically agree that our licensors have the right to directly enforce relevant regulations in these Customer Terms towards you.
7.2. Website and apps
YOGOBE's website and app’s are usually provided 24 hours a day, seven days a week. However, YOGOBE does not guarantee that the service will be free from errors or interruptions during the above time.
Use of the website is at your own responsibility and risk.
YOGOBE is not liable under any circumstances for damages or losses, either directly or indirectly as a result of errors or omissions on the website or in the app’s, its text, image, audio and/or video content or otherwise caused by its use.
YOGOBE is also not responsible for delays in transmission, interruptions, errors in Internet or telecommunications, theft or destruction or alteration of, or unauthorized connection to, users' communications.
YOGOBE has the ambition, but can not guarantee that the website or the app’s are free of viruses.
7.3. Prohibited use of the website and the app’s
You may not upload, email, or otherwise transmit any material that contains viruses or any other computer code, or file designed to interfere with, destroy, damage or restrict the functionality of any other computer software directly or indirectly connected to the Service. You must not interfere with servers or networks connected to the website or our services or damage any procedures, policies, or rules connected to the website or the app’s.
You may not impersonate any other person while using the Service, behave in an offensive manner, or use the Service for any illegal or harmful purpose.
In order to offer you a smooth service, YOGOBE will place a cookie (a small text file) on the computers and devices you use to access the website or our applications. When you return to the website or our applications, this cookie will enable YOGOBE to recognize you as a visitor, account holder or customer and provide you with a simplified way to log in and use the service. To be able to become an account holder, member or customer of YOGOBE and be able to take part in all functions, you must accept cookies on your computer.
7.4. Material on the website and in the app’s
All material (including software and content) is owned by YOGOBE or its suppliers, unless otherwise expressly stated. It is YOGOBE or its suppliers who hold the copyright to all material available on the website or in our applications. The material may not be used in any other way than what is stated in these Customer and user terms unless you have received written permission from YOGOBE.
Content such as movies and trailers offered for streaming are the property of third parties and/or YOGOBE's own property. Such licensees and YOGOBE have the right to directly enforce relevant regulations in these terms towards you and to prosecute copyright infringement.
YOGOBE, YOGOBE's logo and all other products that YOGOBE offers are trademarks owned by YOGOBE AB. You may not use these trademarks commercially without YOGOBE's consent.
7.5. Links to other websites
YOGOBE will link to other websites and channels. YOGOBE does not review or endorse any of these websites or services. YOGOBE is in no way responsible for the availability, personal data policies, content, advertising, products, goods, or other materials and resources on or available from such websites and services. YOGOBE is also not liable for any damage, loss or offense created by, or in connection with, the use of such websites or services.
8. USER CONTENT
YOGOBE allows you as an account holder or customer to upload customer material on the website. For example, review content or create your own profile. Such material, such as video, images, photos, audio, music or text is referred to as "User Material" in these Terms. This does not include the user information you enter when registering an account with YOGOBE.
By accessing, or posting User Content on the Website, you accept these Customer Terms.
YOGOBE does not systematically review User Content and is not responsible for the content of any User Materials nor does it make any warranties regarding User Materials.
YOGOBE reserves the right, in its sole discretion, to remove User Content, or to suspend and/or restrict your access to all or part of the Website and the service without notice if you violate these terms.
By posting User Content, you grant YOGOBE permission to use your material for internal business purposes such as analyzing trends or advertising YOGOBE. YOGOBE will not resell User Content, but you agree that YOGOBE has the right to indirectly benefit from your User Content by, for example, internally marketing its own service or selling advertising that appears next to your User Content.
YOGOBE may also link User Content or portions of User Content, to other material, including material posted by other customers and account holders, or material created by YOGOBE and/or third parties.
Each time you upload User Content to YOGOBE, you must remember that:
- You own the rights to the User Content or have the author's permission to upload the material.
- Your User Content is not illegal, offensive, threatening, pornographic, racist, harassing, ethnically offensive, inciting behavior that may be perceived as criminal or otherwise inappropriate.
- Your User Content does not promote any service, product or company.
- Your User Content does not identify any individual (by name, address, image or video) under the age of 18, and if your User Content identifies an individual over the age of 18, you have their consent to be identified in exactly the way you do in your User Content.
- You do not pretend to be someone else.
9. ACCOUNT MANAGEMENT
9.1 Personal data
All customer information such as name, personal number and address information is processed using modern information technology and stored at YOGOBE in accordance with applicable laws and regulations.
YOGOBE has the right to communicate with you via physical mail, notifications, text messages, other forms of communication or email to inform you about changes, offers or anything else that may be linked to your contact with us via various expressions of interest, your membership or subscription. Yogobe will communicate with you via email when you sign up for challenges, programs and courses. If you do not wish to receive offers from YOGOBE during the subscription period or after the subscription has expired, you can say no to this in offers that are sent to you via email or by contacting Customer Service. In the long run, you will also be able to regulate this under your settings.
The handling of personal data is described in its entirety in YOGOBE's Personal Data Policy below.
9.2. Personal data manager
YOGOBE AB, org.nr. 556914-7787, is responsible for the personal data processed within the framework of this policy.
9.3. Data Protection Regulation, GDPR
YOGOBE's processing of personal data takes place in accordance with the Data Protection Regulation (GDPR). The laws aim to protect private individuals against violations of personal privacy in the processing of personal data.
Personal data is information that can be linked to an individual, e.g. name, date of birth, telephone number, email address, postal address, member / customer or subscription number, information about complaints and customer service matters. Personal data may be supplemented by collection from public and private registers.
9.5. YOGOBE's collection of personal data
YOGOBE collects personal information in connection with any of the following:
- When you as a visitor register / become a member on one of our sites;
- When you order our newsletters;
- When you subscribe / initiate a subscription;
- When you choose to use the streaming service
- When you participate in a survey, competition, activity or marketing activity arranged by YOGOBE
9.6. The purpose of the processing of personal data
Your personal data is processed in order for YOGOBE and our possible subcontractors to be able to fulfill agreements on the delivery of products and services, for analysis of the business and customer behavior, to counteract the misuse of our special offers and for customer and member administration. YOGOBE will also use the personal data to advertise its own and other companies' products and services via telephone, e-mail or other direct marketing.
Your personal information may also be disclosed if YOGOBE is obliged to do so by law or government decision.
9.7. How long does YOGOBE store personal data?
Your personal data is stored and processed as long as there is a customer relationship between you and YOGOBE. After the customer relationship has ended, the personal data is saved in accordance with the accounting requirements in the current country, in Sweden it is valid for 7 years. Otherwise, 5 years according to 9.1 above. The time period is calculated from the date the agreement ended. That is, when you choose to terminate your membership. If you are not registered as a member of Yogobe, but have approved these terms as an effect of participating in an event, filling out an expression of interest, booking request, participating in a competition or other marketing activity, the personal information is stored for 5 years. The 5-year period is calculated from the last date you interacted with YOGOBE.
If you have chosen to actively terminate your membership, a so-called "De-identification" is performed, a data protection measure which means that your personal data is de-identified in the database in which they are normally used, but that there is a key available elsewhere.
9.8. Protect your password
If YOGOBE has issued an account to you in connection with your use of the Services, you are responsible for protecting your password and other information used to access that account. It is you, and not YOGOBE, who is responsible for all activity that occurs in your account (except for activity for which YOGOBE is directly responsible which is not performed in accordance with your instructions), regardless of whether you have not authorized the activity in question. If you become aware of unauthorized access to your account, you must notify YOGOBE immediately. Accounts may not be shared and may only be used by one person per account.
9.9. Keep your information updated
YOGOBE sometimes sends messages to the email address registered with your account. You must keep your email address and, where applicable, your contact information and payment information associated with your account updated. An account is checked by the physical or legal person whose email address has been registered with the account.
9.10. Remember to back up
You are responsible for maintaining, protecting and backing up your Content. To the extent permitted by applicable law, YOGOBE will not be liable for any failure to store your Content, or for Content that is damaged or lost.
9.11. Inactive account
YOGOBE can terminate your account and delete any content contained in the account if there is no account activity (eg login or payment) for more than 12 months. However, we will alert you via email before canceling your account, so that you have the opportunity to log in to your account so that it remains active.
9.12. Customer Success
YOGOBE can assign you a customer success manager ("CSM"). CSM may review your use of the Services and your Content to help you use the Services more efficiently, including by providing reporting and insights about use.
10. ACCEPTABLE AREAS OF USE
You certify that you will comply with all laws and regulations that apply to your use of the Services.
10.2. Your responsibility
You are responsible for your conduct, your Content and your communications with other people while using the Services. You must meet the following requirements when using the Services:
(a) You may not purchase, use or access the Services for the purpose of creating a competing product or service or for any other competitive purpose.
(b) You may not improperly use the Services by disrupting their normal operation, or attempting to access them through any method other than through the interface and instructions we provide.
(c) You may not circumvent or attempt to circumvent any restrictions applied to your account by YOGOBE (e.g. by opening a new account in order to access new free days through a free trial or repeated use of a promotional code, a so-called introductory offer).
(d) If you have not received written permission from YOGOBE, you may not scan or test the vulnerability of any YOGOBE system or network.
(e) If you have not obtained written permission from YOGOBE, you may not use any manual or automated system or software to extract or scrape data from websites or other interfaces through which our Services are made available.
(f) If it is not permitted by applicable law, you may not deny others access to or back-compile the Services, or attempt to do so.
(g) You may not transmit any virus, malware or other type of malware, or links to such software, through the Services.
(h) You may not use the Services in an abusive or excessive manner, which means use that is significantly higher than the average usage pattern, and that adversely affects the Speed, Response Times, Stability, Availability or Functionality of the Services for other users. YOGOBE will endeavor to notify you of abusive or excessive use so that you have the opportunity to reduce your use to a level acceptable to YOGOBE.
(i) You may not use the Services to infringe upon the intellectual property rights of others or for any illegal activity.
(j) If you have not received written permission from YOGOBE, you may not resell the Services or rent them out.
(k) If your use of the Services requires you to comply with industry-specific regulations that apply to such use, you are solely responsible for compliance with the regulations, unless YOGOBE and you have agreed otherwise. You may not use the Services in any way that would imply that YOGOBE must comply with such industry-specific regulations without first obtaining written permission from YOGOBE. For example, you may not use the Services to collect, protect or otherwise handle "protected health information" without entering into a separate business partner agreement with YOGOBE that grants you such permission.
(l) You may not register accounts using "bots" or other automated methods.
(m) Your Content and your use of the Services must not violate our general terms and conditions.
11. CANCELLATION AND TERMINATION OF SERVICES
11.1 Cancellation of Paying Subscription
You can cancel your paying Subscription on your profile (/me/settings/subscriptions) and select "Cancel subscription". The cancellation can take place at any time, but in order for the subscription not to be extended, it must be canceled no later than 13:50 CET on the last day of the current subscription period. In your profile you can see when your current payment period ends, but regardless, the subscription always expires the subscription period, you will be charged for this period. YOGOBE does not offer a refund for a partially unused payment period.
The termination is confirmed immediately when the payment period has expired and you will not be charged again for that Subscription unless you purchase a new subscription.
Termination of a paid subscription results, after the current subscription period has expired, in which your account is deactivated, which means that you still have access to your profile when logged in, but that you no longer have access to the Services and Content included in a paying membership (such as the video library, access to offline mode, discounts, benefits, etc.).
11.2 Terminate account
You can terminate your account, regardless of whether you are a paying member or not. You then contact member(at)yogobe.com and in that email ask to have your account terminated. A terminated account cannot be recreated and all data is lost for users / members.
11.3 Termination of account by YOGOBE
YOGOBE can cancel your Subscription at the end of an invoicing cycle by giving you at least 30 days written notice. YOGOBE may terminate your Subscription for any reason by giving you at least 90 days written notice and will provide a pro rata refund for the unused portion of the time in the billing cycle. YOGOBE may terminate the performance of its obligations or terminate your Subscription for any of the following reasons: (a) you have made a material breach of these Terms and have failed to remedy the breach within 30 days after YOGOBE has notified you in writing; (b) your business ceases or you become the subject of insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay the fees for 30 days after the due date. In addition, YOGOBE may limit, repeal or terminate the Services: (i) if you fail to comply with the terms of these Terms, (ii) if you use the Services in a manner that causes legal liability to us or interferes with others' use of the Services; or (iii) if we are investigating suspected misconduct on your part. If we limit, cancel or terminate the Services, we will try to notify you in advance and give you an opportunity to manually copy your Content from that Service on your own. However, time-sensitive situations may arise where YOGOBE may decide that we need to take immediate action without notifying you. YOGOBE will use commercially reasonable methods to limit the scope and length of any restrictions and terminations under this Section as necessary to remedy the problem which gave rise to the action in question. YOGOBE has no obligation to retain your Content after termination of the applicable Service.
11.4 Additional measures
If YOGOBE ceases to provide the Services to you due to your repeated or flagrant violation of these Terms, YOGOBE may take steps to prevent you from continuing to use the Services, including by blocking your IP address.
12. DISCLAIMER AND LIMITATION OF LIABILITY
Although it is in YOGOBE's interest to provide you with the best possible experience when using the Services (and of course we strive to always make our customers and members happy), there are some things we do not promise. We try to keep our online services running, but they may be unavailable from time to time for several reasons. Except as expressly provided in these Terms and to the extent permitted by applicable law, the Services are provided as is and YOGOBE makes no warranties of any kind. Whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and absence of infringement of third party rights, or any commitments regarding the availability, reliability or accuracy of the Services.
12.1.1 Disclaimer of warranties
Yogobe does not intend to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of inspirational or educational content you have read or seen digitally via Yogobe.
Yogobe hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the video and/or audio content, which is provided as is, and without warranties with respect to accuracy, applicability, fitness, or completeness.
12.2 Exceptions from certain liability
To the extent permitted by applicable law, YOGOBE, its subsidiaries, directors, employees, agents, suppliers and licensors will not be liable for (a) any indirect damages, consequential damages, special damages, temporary damages, punitive damages or damages in deterrent purpose, or (b) loss of use or data, loss of business, revenue or profits (either directly or indirectly) arising out of or in connection with the Services and these Terms, and not based on contract law, tort law , strict obligation or any other legal theory, even if YOGOBE has been notified of the possibility of such damages and even if an indemnity fails in its essential purpose.
12.3 Limitation of liability
To the extent permitted by applicable law, the total liability of YOGOBE, its subsidiaries, directors, employees, agents, suppliers and licensors arising from or in connection with the Services and these Terms shall not exceed the lower of: (a) the amounts has been paid by you to YOGOBE for the use of the Services in question within a period of 12 months prior to the event giving rise to the liability; and (b) EUR 200.00.
We realize that the laws in certain areas of law give consumers legal rights that cannot be violated by agreement or waived by the consumers in question. If you are such a consumer, your consumer rights are not limited by anything in these terms.
In the event of a dispute between YOGOBE and the Customer, the parties shall in the first instance try to resolve the dispute by agreement. If the parties cannot agree, the dispute can be decided by the General Complaints Board to the extent that the board is competent to consider the matter. Otherwise, the dispute is decided by a general court in Sweden.
YOGOBE reserves the right to transfer all or part of its rights, receivables and obligations in accordance with these Customer and membership terms without the prior consent of the Customer. The Customer does not have the right to transfer its rights and obligations under these Customer Terms without YOGOBE's written consent.
If you are a business, you shall indemnify YOGOBE and its subsidiaries, directors, agents and employees from all liability, damages and costs (including settlement costs and reasonable attorneys 'fees) arising from third party claims regarding or in connection with your or your end users' use of The Services or the breach of these Terms, to the extent such obligations, damages and costs have been caused by you or your end users.
13. CONTRACTING UNIT
13.1 Who you enter into an agreement with
Unless otherwise stated with respect to a particular Service, the Services are provided by, and you enter into agreements with, YOGOBE AB and the subsidiary The Yoga House Sweden AB with their activities in subscription, membership, forums, marketplace and e-commerce.
13.2 YOGBE AB
For all services provided by YOGOBE AB, the following provisions apply to all terms and conditions applicable to that Service:
- Contracting entity. References to "YOGOBE", "we", "us" and "our" are references to YOGOBE AB and The Yoga House Sweden AB, with accounting address Runebergsgatan 4, 416 58 GÖTEBORG, ℅ Anna Reynold and visiting address: Sankt Eriksgatan 6, 411 05 Göteborg.
- Applicable law. Those conditions are subject to the legislation of Gothenburg , Sweden (without regard to its provisions on choice of law).
- Jurisdiction. Except in cases where it is prohibited by applicable law, each party submits to the exclusive jurisdiction of the courts of Gothenburg, Sweden with regard to the content of these terms.
14. OTHER TERMS
You may not transfer these Terms without YOGOBE's prior written consent, and YOGOBE may, in its sole discretion, refuse to grant a transfer. YOGOBE may assign these Terms at any time without notice to you.
14.2 The entire agreement
These Terms constitute the entire agreement between you and YOGOBE, and supersede all prior or contemporaneous written and oral agreements and terms regarding the subject matter. Any terms on a purchase order or similar document issued by you do not apply to the Services, do not override or form part of these Terms, and are invalid.
14.3 Independent suppliers
The relationship between you and YOGOBE is as independent suppliers, and not as legal partners, employees or agents for each other.
The use of the terms "includes", "including", "such" and the like, is not considered to limit what may otherwise be included.
14.5 No exceptions
A party's failure or delay to apply any provision under these Terms does not invalidate their right to do so at a later time.
14.6 Invalidity of individual contractual provisions
If any part of these terms is deemed to be unenforceable by a competent court, this part shall be deemed to be distinguishable from the rest of the terms, which shall remain fully valid.
14.7 Third party as beneficiary
There are no third parties as beneficiaries of these Terms.
14.8 Continued validity after termination
The following sections will continue to apply even after the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14 and 15.
15. TERMS AND CONDITIONS FOR CERTAIN CUSTOMERS AND COUNTRIES
These Terms have been prepared and written in Swedish. If translated versions differ from the Swedish version, the Swedish version applies, except where it is not permitted under current law.
15.2 Country-specific conditions
If you reside in one of the following countries, the conditions for each country as below apply.
EU1. Right of withdrawal
In some European countries, you have a statutory right to cancel a subscription within a certain period of time. For more information, see the country-specific terms for your country and our Subscription Termination Policy (Europe only).
EU2. GDPR terms for customers in Europe
EU 2.1 Date of entry into force and definitions
These additional terms will apply to you from 25 May 2018, when you are a customer of YOGOBE and operate as a "controller" (as defined by this term in the GDPR) in your use of the services.
The terms "personal data", "registered person" and "handling" shall have the same meaning as these terms have in the GDPR.
EU 2.2 Approval of handling
By requesting the Services and agreeing to these Terms and YOGOBE's privacy policies, you also give us permission to handle personal information collected by you via the Service, on your behalf.
EU 2.3 Customer obligations
You hereby represent and warrant that you are entitled to transfer personal data to YOGOBE so that YOGOBE can legally process and transfer the personal data in accordance with these Terms. You must ensure that relevant registered persons have been informed of, and have given their consent to, such use, handling and transfer in accordance with the requirements of all applicable data protection laws and are solely responsible for ensuring that the personal data handled by YOGOBE in the provision of the Services is correct, have high quality and are legal.
EU 2.4 YOGOBE's obligations
In cases where YOGOBE handles personal data on your behalf, the following applies:
(b) they declare that all YOGOBE personnel involved in the processing of personal data have undertaken to treat the data confidentially;
(c) In the case of you and when technically possible, they shall make available information that enables you to demonstrate that you fulfill your obligations under Article 28 of the GDPR where such information is held by YOGOBE and is not on otherwise available to you through your account and user areas on YOGOBE's websites, provided that you notify YOGOBE at least 14 days in advance of such request for information;
(d) they shall notify you without delay of any inquiries received directly from a registered person concerning the personal data of that registered person sent through the Services;
(e) They shall not retain personal data from your account that you have deleted, except to comply with applicable laws and regulations or the storage of routine backups made for contingency and continuity purposes.
(f) They shall, as far as possible, provide you with reasonable assistance (at your expense) if you wish to carry out an impact assessment of data protection involving the Services.
EU 2.5 Security measures
YOGOBE has, taking into account the latest developments, the cost of implementation and the nature, scope, context and purposes of the Services and the level of risk, implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or illegal handling, loss of and / or damage to your personal data due to accidents. YOGOBE tests and evaluates at regular intervals the effectiveness of these technical and organizational measures to ensure the safety of handling.
EU 2.6 Security incidents
YOGOBE will make an assessment in the event of a safety incident and if this poses a risk to the customer, notify the customer within a reasonable time without unreasonable delay. YOGOBE will also, as far as possible, cooperate with you in connection with any investigations in relation to a Security Incident by preparing mandatory documentation, and provide other information that you can reasonably request in relation to a Security Incident, in cases where you do not already have access to such information on your account or online through updates provided by YOGOBE.
EU 2.7 Audits
YOGOBE should have one month to respond to a request for revision from you. No person / party performing an audit on your behalf may be, or act on behalf of, a competitor to YOGOBE ("Auditor") unless required by law. For carrying out more than 1 audit during the same year, the parties must agree on a reasonable level of compensation for YOGOBE's audit costs. The scope of the audit will be as follows (unless you are asked to change this audit format by a body that has authority over the management activities involving the Services):
(a) YOGOBE agrees, subject to appropriate and reasonable confidentiality restrictions, to provide evidence of the certifications and compliance standards they hold and may, upon request, provide you with a summary of YOGOBE's recent penetration tests, which shall include corrective action taken by YOGOBE as a result of such penetration tests.
(b) The scope of the certifications and penetration tests provided is limited to YOGOBE's systems, processes and documentation relevant to the handling and protection of personal data performed for the Services you use, and the Auditor will perform audits in accordance with appropriate and reasonable confidentiality restrictions requested by YOGOBE
(c) You shall promptly notify and provide YOGOBE with complete information in the event of suspected non-compliance or security issues discovered during an audit.
The parties agree, unless otherwise required by order or other binding regulation from a body with authority over you, that this section describes the full scope of your audit rights vis-à-vis YOGOBE.
EU 2.8 Responsibility for data management
The respective joint and several liability of the parties, regardless of whether the contract, damages (including negligence), breach of statutory obligations or otherwise for any claims arising out of or in connection with this Section EU2, shall be described in these terms, unless otherwise agreed in writing.
Thank you for reading Yogobe's Terms & Conditions!