Thank you for visiting our website https://sofayoga.com/ (hereinafter – “Website”).
Before using any feature of the Website or any products and services accessible via the Website or the Sofa Yoga App, please take your time to thoroughly read and understand these Terms & Conditions (hereinafter – “Terms”), as these Terms shall govern the entire relationship between you (hereinafter – “User”, “You” or “Customer”) and us.
Please do not proceed with making any purchases on the Website if You have not thoroughly read and understood the provisions of these Terms, as whenever You’ll be buying anything from us these Terms shall be considered as a legally binding contract between You and us, so it is important that you are fully aware of all the conditions set out herein.
We also advise you to read our FAQ section at https://sofayoga.com/faq/, where you will find more information about our Services.
1. ABOUT US
1.1 This Website and any other products or services labelled under the brand name Sofa Yoga is operated by Wire Salad OÜ, which is a limited liability company incorporated under the laws of Estonia (company reg. No. 16105764) with a registered address at Harjumaa, Tallinn linn, Juhkentali tn 8, 10132 Estonia, European Union (hereinafter – “Company”, “Us”, “We” or “Sofa Yoga”).
1.2 Sofa Yoga is an online service provider that provides guidance, information, personalized facial yoga plans and other digital content (“Digital Content”) for Users who are interested in practicing yoga for their face muscles. We do not warrant that our Digital Content and other Services will be suitable and useful for everyone, thus before making any purchase on the Website, please evaluate individually if Sofa Yoga services are suitable for you personally.
2. ABOUT YOU
2.1 If you want to use Sofa Yoga services you have to meet the following requirements:
a) You are at least of required legal age to enter into distant contracts in accordance to the laws of your place of residence. The Website and any of the Sofa Yoga are designed and intended to be used by adults only.
b) You have read these Terms and agree to be bound by them.
c) You have to provide us with your correct contact, billing and other information required on the Website.
d) You are using credit card or other payment method that belongs to you or the owner of the credit card has authorized you to use the card and such authorizations were issued in a form which is required in your place of residence.
e) You are buying and using Sofa Yoga services for your own personal needs only.
2.2 In order to use all functionalities of Sofa Yoga Website, Services and Digital Content you may be required to provide your personal details such as your age, skin type, preferences, expectations and aspirations of what would you want to achieve by doing Sofa Yoga exercises. Please be noted that we will be able to provide you with high quality personalised Services only if you will give us your correct and accurate information.
2.3 By Agreeing to these Terms, you confirm that you understand that the Services may not be refused once they are provided to you. The Services shall be considered as provided to You from the moment You are provided with the access to the Website’s member area and log into it. However, you can cancel your membership any time and if you do so, we will not renew your subscription and will stop charging you for subsequent periods.
2.4 Please be noted that this Website, our Services, any Digital Content that you receive from us may be used for your personal needs only. You may not use any of the Website’s contents, Digital Content, or our Services for resale, redistribution, lease or any other type of commercial use.
2.5 You may not use the Website or our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts belong to the ownership of the Company and are protected by the copyright laws. Any use of any copyrights for purposes other than the personal use of Our Services, without the Provider’s licence constitutes a breach of copyright.
3. OUR SERVICES PRICING AND PAYMENTS
3.1 Sofa Yoga is an online system that provides Customers with access to various Digital Content, such as facial exercise plans designed in accordance to your personal needs and preferences, daily personal Sofa Yoga routines, informational database of skincare tips and advice, video tutorials of the Sofa Yoga exercises, guides on how to practise Sofa Yoga, dermatological tips, fluid intake calculator, 24/7 support, access to a members only Facebook group, dietary tips for healthier skin (hereinafter – “Services”). The contents of the Website and the Services may be changed from time to time, as we keep updating and improving them.
3.2 Please be noted that all our Services are provided in the form of digital content only. Accordingly, our Services shall be considered as delivered to you on the moment when you make your first log in to the Sofa Yoga online system.
3.3 Please be noted that our personalised Services are prepared and provided in accordance to the information that you will provide to Us. For that reason, we ask you to provide only accurate and true information about yourself. If you fail to provide accurate information, we will not be able to provide you with personalised Services that would be suitable for you and your needs. The personalised plans and other Services received from us will only be suitable for, as they will be created in accordance to your personal information.
3.4 Our Services are not intended to diagnose, cure, treat, mitigate, or prevent any disease or health condition. Our Services are intended to help you beautify your face and skin. Sofa Yoga is not a substitute for healthy lifestyle choices and we advise you to maintain a healthy diet, sufficient consumption of water and physical activity in order to see the best results of our Services and to maintain an overall healthy lifestyle. None of the claims on the Website have not been evaluated by the FDA and we emphasize that we do not give any health advices.
3.5 You can use our Services by purchasing a Services subscription plan which is billed every 3, 6 or 12 months. Currently you can use all Sofa Yoga Services by purchasing one of the following Service plans:
|Plan billing interval||Plan price per day||Total price per single billing period||Payment information||Renewal|
|Billed every 1 month||Only $1.00 per day||Only $30 for 1 month plan||After you place your order, you will be charged for the full amount for the selected billing period. Once this prepaid period expires, you will be automatically charged for the subsequent period of the same duration as your selected initial payment.||Your plan subscription shall automatically renew after the term for you have paid ends.|
|Billed every 2 months||Only $0.75 per day||Only $45 for 2 month plan|
|Billed every 4 months||Only $0.50 per day||Only $60 for 4 month plan|
3.6 Each plan will give you access to the same online system containing Digital Content and Services. All Sofa Yoga practise plans shall be displayed with video tutorials, guidance and tips.
3.7 All prices provided above are provided in the currency of USD. On the check out page of the Website you might see a slightly different price if your state applies specific sales tax that by law can be added to the total price.
3.8 Please be noted that we will never apply any conversion rates or charges dependable on your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on our Website or purchase receipt and your bank account statement, please refer to your bank for a detailed explanation of the additional charges.
3.9 We accept payments by credit card, PayPal and other electronic payments only. We will not accept checks, cash or other means for payment.
4. DISCOUNTS POLICY
4.1 From time to time we may offer special discounts to the Service plans prices. We may offer you a discount if:
(a) You are a first-time buyer of our Services, you may be eligible for discount for the first time you purchase a plan from us; and/or
(b) You provide us with your email address and agree to receive newsletters from us.
4.2 The applicable discounts may change from time to time. We will provide more specific details about the rate of the discount whenever we announce the discount.
4.3 We reserve the right to start and cancel our discount programs, as well as change the discount amounts at any time, unless a specific announcement of the discount would specify a specific term or time until the discount will be available, in which case we will provide the discount for the term specified in the announcement.
5. CANCELLING YOUR SUBSCRIPTION
5.1 If you want to cancel your Services plan subscription, you can do so by contacting our customer support and informing us about your decision to terminate your subscription. Your cancelation shall become effective upon expiration of the term of the plan for which you have subscribed and already paid.
5.2 If you do not wish for Services to be renewed automatically, please inform us about your decision to cancel your subscription at least 24 hours before the end of current billing period, in which case, the Services will be terminated upon expiration of the current term, and you will not be charged for subsequent periods.
5.3 Please be noted that if you cancel your subscription, we will not issue a refund for the past periods during which you have used or had the ability to use the Services. For more information about refunds please see the section below.
6.1 As our Services are provided in digital content form only, we do not issue any refunds if you have used our Services and decided to cancel your subscription. Once you cancel your subscription we will stop collecting recurring subscription fee, but we will not make refunds for the already paid periods.
6.2 The only case in which we do issue refunds is if after purchasing you cancel your subscription before ever logging in to the Sofa Yoga user are. We will accept such cancelation and will issue a full refund if you cancel your subscription within 14 days after purchasing and did not log in to the user area of the Website.
6.3 We are only able to issue a refunds through the same payment method that you have used for paying us for the Services. We will not issue refunds in any different payment method that the one you have used for paying for your subscription.
6.4 You can return your Physical Products purchased from us at shop.sofayoga.com within 30 days from receiving, however, if you decide to return your product after 14 days but not later than 30 days after receiving your products return fees may be applied (please see Returns section below for more information). Here’s how our return policy works – within 30-Days from receiving any products purchased from us, you can return and receive a refund, exchange or store credit for future purchases, if:
(a) You have received a product with damaged or contaminated package;
(b) You have received a product that is defective or otherwise bad;
(c) You have received a wrong item;
(d) You have changed your mind and want to return an unused and unopened product.
6.5 Shipping costs are not refundable if the item is returned more than 14 days after the delivery or if you have chose the express delivery option.
7. RETURNS (APPLY TO NON-DIGITAL PRODUCTS ONLY)
7.1 If you inform us that you want to return your purchased non-digital products from shop.sofayoga.com within 14 days after receiving your purchased products, no return fees shall not be applied and once we receive your purchased product, we will issue a full refund.
7.2 If you inform us that you want to return your purchased non-digital products from shop.sofayoga.com later than after 14 days but within 30 days from receiving, an additional 15% restocking fee will be applied. Thus the refund that you will receive will be 15% lower that what you have paid to us.
7.3 Except for when you are returning a defective item:
(a) your returned shipping fees will not be compensated by us;
(b) for all non-EU customers we will apply a 15% restocking fee;
(c) for all EU customers the restocking fee shall be applied only if you decide to return your purchased products after 14 days from receiving the products but not later than within 30 days. These amounts will be deducted from the total amount of the refund.
7.4 If you want to return non-digital products from shop.sofayoga.com, you have to follow these steps:
(a) Contact our Customer Support Team by emailing email@example.com within 30 days from receiving your ordered products. Please provide to the customer support your Full Name, Email, Order number and briefly describe the reason for why you want to return the product.
(b) Our customer support team will respond to your inquiry within 3 business days and if your return request meets the terms and conditions set in this Return Policy and the Terms of Service. After you provide us with all necessary information, we will provide you with a Return Merchandise Authorisation (“RMA”) number and Return address.
(c) re-pack your product safely and securely, attach the provided RMA form in a visible place on the package and send us the returning products to the Return address given to you by our customer support team. Please note, that we will only be able to accept returned products only if they will have the RMA number attached and sent to our indicated Returns address. Un-defective items must be returned in unused, manufacturer condition, in original and undamaged packaging
(d) Send us the tracking number of the returning parcel in your unique return link. Please note that the return shipping fees will not be refunded or compensated for, except when you return a defective product. Also, as returns without tracking numbers might be refused by our warehouse, please make sure to use registered mail or other trackable shipment method and don’t forget to provide us with the tracking number.
(e) Once we receive the returned products and inspect them, we will issue a refund within 14 days.
8. PERSONAL DATA AND CONTACTING
8.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
8.2 Your personal information may be used to help us in our research and further development of Services. Also, we are allowed collect and use the information that you provide to us when being engaged in our Services. However, under no circumstances we will not use your image or any personal details for purposes other than developing our products and Services.
8.3. If you decide to give us your review or testimonial, you agree that we will be allowed to display it on our Website for 1 year after receiving it from you. We will not show your real name, or display only your initials by the review, unless you specifically instruct us that we can display your full name.
8.4 Please be noted that we may contact you via phone or email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors or other reasons we might send you a text message or email with a reminder to carry out necessary actions or we might contact you by phone if you have provided your phone number to us.
9. RULES OF CONDUCT
9.1 You may not use our Services and/or the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us and the relevant parts of the Website belong to the ownership of Sofa Yoga and are protected by the copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes a breach of our copyright or other intellectual property right.
9.2 We have the right, but not obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:
(a) Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law;
(b) Not violate or encourage others to violate the rights of third parties, including intellectual property rights;
(c) Comply with all policies posted on the Website;
(d) Not transfer, legally or factually, your registered account to any other person without our written consent;
(e) Provide honest and accurate information to us;
(f) Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;
(g) Not reformat, format, or mirror any portion of any web page of the Website;
(h) Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us;
(i) Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;
(j) Not commercially resell, redistribute or transfer any Products that you buy from us;
(k) Not interfere in any way with security-related features of the Website;
(l) Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(m) Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;
(n) Not perform any other activity or action which would be incompliant with these Terms or applicable laws.
9.3 We have the right to terminate your Subscription immediately without a refund and/or limit your access to the Website if we have a reason to believe that:
(a) You are not compliant with the requirements specified in Section 2.1 of these Terms above;
(b) You have breached any provision of the Section 8.1 of these Terms above;
(c) You are using the Website or any of its contents in any other illegal way or causing harm to the Website or other users of the Website.
10.1 Nothing on this Website is intended to be a substitute for professional medical advice, diagnosis or treatment. We are not a medical organisation and we do not provide any Services that would treat, cure or mitigate any medical condition.
10.2 Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment and never disregard professional medical advice or delay in seeking it because of something you have read on this website. Your use of this website and any information contained herewith is entirely at your own risk and We shall not be liable or responsible for any loss or damage caused, including but not limited to, indirect, special, incidental or punitive loss to person or computer equipment, sustained as a result of the use of this website, the information contained or suggested therein or any errors or omissions contained in such information. All customers using our Services agree to accept full responsibility for any results experienced from using the Services.
10.3 Each person’s body is different thus we do not provide any warranties that our Services will be suitable and effective for you specifically, as that is highly dependant on your physical/personal aspects.
10.4 The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
10.5 The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
10.6 We honour the privacy of our customers, thus all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names except when a user gives its consent to display his/her name and/or image.
10.7 Unless otherwise indicated, this Website is our property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the website’s contents without prior written approval by us.
10.8 THE SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.9 WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD-PARTIES, SUBSCRIBERS, MEMBERS, OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
10.10 Any information provided on the Website is for informational and recreational purposes only and may not be used as health advice. The Website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume all risk for your use of information provided on the Website.
10.11 We made every effort to display as accurately as possible the colors and images of all materials that appear on the Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate as well as that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that You can find on the Website.
11.1 You agree to indemnify, defend, and hold us and our affiliates, and respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys’ fees) in connection with:
(a) Your use of, or connection to, Our Website;
(b) Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;
(c) The content of information submitted by You to Us;
(d) Your violation of the rights of any other person or entity;
(e) Your violation of any applicable laws, rules, or regulations.
11.2 We reserve the right, at our own expense, to assume defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in defence of such claim.
12. LIMITATION OF LIABILITY
12.1 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health issues, sickness, physical problems, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
12.2 If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
13. INTELLECTUAL PROPERTY
13.1 All intellectual property rights, including without limitation, trademarks, copyright, domain names, database rights, design rights, patents, and all other rights to any creations of any kind whether or not they are registered (“Intellectual Property“) on the Website are protected by the Digital Millennium Copyright Act (DMCA).
13.2 You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, for any purpose, without our express written permission. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
13.3 All Intellectual Property displayed on the Website or provided to you in any other form belong to Sofa Yoga, except third-party trademarks, service marks, or other materials, which are used by us. None of such Intellectual Property may be used without the prior written consent of us or the third party to whom such Intellectual Property belongs.
13.4 If you notice that any third party is using Sofa Yoga Intellectual Property on their sites, please let our customer support know about such cases.
14. GOVERNING LAW AND DISPUTES
14.1 If You have any complaints regarding the Website, fees, refunds, quality of Services, or anything related to the use of the Website, You must first contact our customer support team by email (firstname.lastname@example.org) or by filling online contact form (https://sofayoga.com/contact-us/) before taking any action through third parties. Please be noted that by agreeing to these Terms you explicitly agree not the request for any refunds or chargebacks from your bank or credit card operator without priorly contacting us and without giving us a chance to settle any issues that you might have.
14.2 All complaints or claims provided by you shall be processed within 30 days from receiving. We always put our best efforts into the positive settlement of the complaint or claim. When addressing us with your complaints, you must always identify yourself by the same first name and surname that you have provided to us when purchasing on the Website.
14.3 The legal relationship between you an us shall be governed by Estonian law, except if your local laws exclude other jurisdictions in consumer related disputes. In such case, the laws of your state will apply.
14.4 Any claim must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
15.1 If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.14.2 You can review the most current version of the terms of service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website.
16.1 We reserve the right to amend these Terms at any time and under our own discretion. Please check these Terms from time to time in order to verify the existence of any new amendments. On this site, we will publish any announcements pertaining to any amendments and additions that will be made to the provisions of these Terms. Amendments will not apply retroactively and will be applicable starting from the date of publication.
17. CONTACT INFORMATION
17.1 You can contact us by the following details:
Email – email@example.com
Phone – +1 928 297 0352