Marqode Technologies Ltd.

Terms of Use


Date of last revision: December 2016

Please read these terms carefully before downloading or using this app. This is a binding legal agreement between you and Marqode Technologies Ltd., (the "Company" or "We" or "Our") regarding your use of this application, any revision, updates or versions that supersede it, and any and all associated features and forums (to the extent applicable) (the "App").

  1. Account Registration


In order to download and use the App, you may have to create an account with us (an "Account"). You can create an Account by (a) providing us with your e-mail address and a password or (b) by linking to a pre-existing Facebook® or such other pre-existing third-party accounts as we may choose to support in the future (notification of which will be provided by allowing selection of such pre-existing accounts on the relevant account-creation screen). We will create your Account by extracting from your Facebook, or other pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access.
It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether you know of them or not.

  1. Acceptance of Terms of Use

By using the App on any computer, mobile phone, tablet, console or other device (each a "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use (the "Terms"), the Company’s Privacy Policy (the "Privacy Policy") (collectively, the "Agreement") and any applicable law.

  1. Beta Disclaimer

Please note that this is a beta version of the App. The App is still undergoing final testing before official release. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The Company does not give any warranties, whether express or implied, as to the suitability, usability or availability of the App.



Should you encounter any bugs, glitches (security or otherwise), a lack of functionality or other problems in using the App, please notify us at email: support@marqode.com



If you provide the Company with any feedback or suggestions, including support inquiries ("Feedback"), you hereby assign all rights in the Feedback to the Company and agree that the Company will have the right to use the Feedback and related information in any manner it deems appropriate. The Company will treat the Feedback as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary to the Company.

  1. Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you need to review the Agreement with a parent or guardian to make sure you and your parent or guardian understand the service, your rights and your obligations and may use the App under parental/guardian supervision only. We may, in our sole discretion, refuse to provide the App to any person or entity and change the eligibility criteria at any time. You, solely, are responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the App is revoked where these Terms or the use of the App is prohibited or to the extent that the offering, sale or provision of the App conflicts with any applicable law, rule or regulation. Further, the App is offered for your personal use only on a Device owned by you, and not for the use or benefit of any third party.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the App. If you have questions about the App, please contact us at support@marqode.com

  1. Health disclaimer

WE RECOMMEND THAT YOU CONSULT YOUR MEDICAL DOCTOR BEFORE UNDERTAKING ANY OF THE PHYSICAL ACTIVITIES DEMONSTRATED BY THE APP. YOU ACCEPT AND AGREE TO WAIVE ANY AND ALL RIGHTS TO CLAIM ANY DIRECT OR INDIRECT DAMAGES OR LOSSES CONNECTED WITH THE EFFECT OF USING THE APP.

The App is intended for use only by individuals healthy enough to perform strenuous exercise. You should be aware that there are inherent physical and mental health risks to undertaking physical exercise, including risk of injury or illness. By using the App, you acknowledge and agree that your performance of any and all activities and poses, including but not limited to courses and classes, demonstrated on the App is wholly at your own risk. The Company will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any use of the App. While we may provide information whether text, graphic or videos describing how to perform certain activities such as specific poses or series of poses, you assume sole responsibility for performing those activities with proper form. We encourage you to seek multiple sources of information regarding how to perform each activity.

  1. License

Subject to your compliance with the terms and conditions set out herein, the Company grants you a personal, limited, non-commercial, non-exclusive, non-sub-licensable, non-assignable, revocable license to download, install and use the App, in object code format only, on certain Devices owned by you, for your private, personal and non-commercial use, for the sole purpose of using the App for its intended purpose.

You acquire no right, title or license in the App.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our App without notice. You agree that the Company will not be liable for any suspension, modification, discontinuance or lack of availability of the App.

  1. License Restrictions

You agree to the following license restrictions: (a) to use the App solely for your personal use; (b) not to install or use a copy of the App on a Device that you do not own or control; (c) not to duplicate, copy or distribute the App, except as necessary to use it on your Device; (d) not to license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party and any attempt by you to take such action shall be void ab initio ; (e) to not use the App for any fraudulent, unlawful, unauthorized or illegal activity; (f) not to modify, translate, or create derivative works based on the App or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App by any means whatsoever.

  1. Additional Restrictions

Without derogating from the generality of Section ‎7 above, except as may be expressly permitted by applicable law and/or as may be authorized expressly in writing by the Company, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the data, information, text, music, sound, photos, graphics, code or any other material ("Content") made available on our App whether such Content was provided by the Company or by a third party, including but not limited to other users or compile or collect any Content as part of a database or other work; (ii),  use any automated tool (e.g., robots, spiders) to access or use the App; (iii) circumvent or disable any digital rights or management, usage rules, or other security features of the App, to the extent applicable; (iv) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the App; (v ) use the App in any manner which could damage, disable, overburden or impair the App; (vi ) transmit or create any worms, viruses or any code of a destructive nature; (vii ) display, transmit or share any Content that may be deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that may be considered a criminal offense or bring forth civil liability; (viii) attempt to hack, destabilize or alter the App, or alter another website so as to falsely imply that it is affiliated with the Company; (ix) use or access any of the App by any means other than through the interface provided by the Company; and/or (x) "frame", "mirror" or otherwise incorporate any part of this App into any other application without our prior written authorization.

  1. In-App Purchases

In the App, you may purchase certain courses, music or additional features designed to enhance the performance of the App ("Goods"). When you purchase Goods, you are doing so through an app store or distribution platform (like the Apple Store, Google Play, or Amazon App store) (each, a "Store"), and you are agreeing to the Store’s Terms and Conditions.

In the event of any failure of the Goods to conform to any applicable warranty, you may notify the Store, and the Store will refund the purchase price for the Goods to you (if applicable) and, to the maximum extent permitted by applicable law. We will have no refund obligations and the Company disclaims any responsibility or liability related to any Store’s refund policy or the third party's compliance or noncompliance with such policy.

Except as aforementioned, the Company has no obligation to provide refunds for any Goods.

  1. Subscriptions

Free Trial: You may be granted a trial for a specified period without payment (a "Trial Period"). Such Trial Period shall be per the terms advised by the Store through which you purchased the App. If you are granted a Trial Period in the framework of the purchase of subscription, and you decide that you do not want to continue your subscription upon the lapse of the Trial Period, you must terminate your subscription before the end of the Trial Period.

Monthly Product Subscription: Your monthly subscription will start following the end the Trial Period and when we confirm your payment, and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Account. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your Account prior to the end of your current subscription term.

Annual Product Subscription: Your annual subscription will start following the end the Trial Period and when we confirm your payment and will continue for a period of one year. Annual subscriptions paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Account. At the end of the annual subscription period, your subscription will automatically renew. If you do not want your subscription to auto-renew, you may uncheck the auto-renew box in your Account prior to the end of your current subscription term.

General Terms and Conditions for all Subscriptions: Subscriptions are non-cancelable and non-returnable after the end of the Trial Period. You may change your auto-renewal preferences in your Account, but no refunds will be paid on any remaining subscription period. If you allow your Subscription to lapse, the components of the App licensed on a subscription basis will no longer run.

Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription.

  1. Content and Content Rights

"User Content" means any message, data, information, text, music, sound, photos, videos, graphics, code or any other material ("Content") that you provide to be made available through the App.

To the extent that you provide User Content, you grant the Company a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights the Company may have to User Content, for example under other licenses.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by the Company on or through the App, or in general, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The Company reserves the right (but will have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content from the App, and suspend, disable, or terminate a user's access to all or part of the App.

The Company further reserves the right to remove any User Content from the App at any time and without notice and for any reason.

  1. Interactive Features

This App enables users to upload Content. In the future, this App may contain discussion forums, bulletin boards, review App or other forums in which you or third parties may post other content, messages, materials or other items on this App ("Interactive Functions").

You are solely responsible for your use of such Interactive Functions and use them at your own risk. You may be required to log in to your Facebook® account with your Device in order to use certain Interactive Functions.

Without derogating from the generality of Section ‎8 above, when using the Interactive Functions, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this App any of the following ("Prohibited Content"):

  1. Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national and international laws and regulations;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Company;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Function(s) in which such Content is posted; or
  9. Content or links to content that, in the sole judgment of The Company, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Forums or this App, or (d) which may expose the Company or its affiliates or its users to any harm or liability of any type.

Although the Company has no obligation to screen, edit or monitor any of the User Content posted to or distributed through any Interactive Function, The Company reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any User Content posted or stored on this App at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on this App at your sole cost and expense.

Any use of the Interactive Functions or other portions of this App in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Functions and/or this App.

In the event that you believe that any Content uploaded by another party violates these terms, please report to us by means of using the Abuse button on the App.

The IARC rating for the App is: PEGI 3

  1. Premium

The Company, in its sole discretion, reserves the right to add additional features or functions to the App or to modify or provide maintenance releases, patches, fixes, extensions or enhancements and upgrades, to the App. The Company has no obligation to make any additional features or functions or any modifications, updates, support, maintenance releases, patches, fixes, extensions, enhancements and upgrades, or subsequent versions of the App available to you. You may have to agree to a renewed version of the Terms in the event you want to download, install or use additional features or functions or any modifications, updates, support, maintenance releases, patches, fixes, extensions, enhancements and upgrades, or new versions of the App.

Notwithstanding the foregoing, you understand that the App is evolving and may require that you accept updates from time to time. You acknowledge and agree that the App may be updated by the Company with or without notifying you. You hereby agree that your Device may automatically request and/or receive such updates to the App.

  1. Advertisements, Third Party Sites

The Company reserves the right to provide you with advertisements for Company or a third-party products or services, through the App, at its sole discretion.

You may gain access to third party sites on the Internet through hypertext or other computer links on the App. Third party sites and/or applications are not within the supervision or control of the Company and the Company does not make any representation or warranty whatsoever about any third-party site that is linked to the App, nor endorse the applications, products or services in third party advertisements. The Company disclaims: (a) all responsibility and liability for content on third party websites or applications and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your use of third party web sites and/or applications is at your own risk and subject to the terms and conditions for such sites and/or applications and you hereby irrevocably waive any claim against the Company with respect to third party sites and/or applications and/or third party content.

If another site or application causes you damages, look to that other site for relief.

  1. Advertisements, Third Party Sites

    1. You will only use the App on a Device that you own or control;
    2. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify the seller of such failure, whether Apple, Google or Amazon; upon notification, the sole warranty obligation to you will be to refund to you the purchase price, if any, that you paid when purchasing the App;
    3. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
    4. You acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    5. If you are accessing the App on a device provided by Apple, Inc. ("Apple"), the following shall apply:

    6. You acknowledge that these Terms are concluded with us only, and not with Apple, and that Apple is not responsible for the App and/or its content;
    7. You will only use the App on an Apple device that you own or control;You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App;
    8. You acknowledge and agree that we are responsible for addressing any claims you or any third party may have in relation to the App;
    9. You acknowledge and agree that, in the event of any third party claiming that the App or your possession and use of the App infringes any third party’s intellectual property rights, the Company, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    10. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
  1. Intellectual Property

    1. All intellectual property associated with the App is owned by the Company or its licensors, which includes materials protected amongst others by copyright, trademark, or patent laws. All content on the App (except for Personal Information as defined below and User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is the Company’s proprietary property; all rights reserved.
    2. The "Marqode" logo and trademark, the App logo and trademark, and any other product or service name or slogan displayed on the App are Company intellectual property and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. You may not use any metatags or any other "hidden text" utilizing "Marqode", the name of the App or any other name, trademark or product or service name of the Company without our prior written permission. In addition, the look and feel of the App, including all visual design elements including page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of the Company and may not be duplicated, copied, imitated or used, in whole or in part, without our express prior written permission. The look and feel of our App is copyright © 2015 Marqode Technologies Ltd.

      You are solely responsible for your use of such Interactive Functions and use them at your own risk. You may be required to log in to your Facebook® account with your Device in order to use certain Interactive Functions.

    3. If you are aware of an infringement of your brand, please notify us by using the Notice-And-Takedown Procedure set forth in Section ‎25. If you are aware of an infringement of our brand, we would appreciate your letting us know by e-mailing us at takedown@marqode.com.
  1. Personal Information

You may be asked to provide certain personal information (the "Personal Information"), including information about your weight, age and gender, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself. The use or disclosure of any Personal Information you supply is governed by our Privacy Policy.

  1. Mobile App

We do not provide you with the equipment to access our App. You are responsible for all fees charged by third parties related to your access and use of the App, (e.g. charges by Internet service providers, telephone providers). You are responsible for obtaining and maintaining any equipment or ancillary services needed to access the App or otherwise use the App, including, without limitation, modems, WIFI, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the App.

  1. Privacy

Our Privacy Policy, which is incorporated into these Terms by reference describes the collection and use of information by this App. Please review our Privacy Policy to understand our practices.

By downloading the App, you are consenting to receive certain communications from us. If you no longer want to receive certain non-transactional communications from us, simply follow the instruction on the mail to Opt-Out from such non-transactional communications.

  1. No Support or Maintenance

You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the App, the Content or whatsoever.

  1. Indemnification

You agree to indemnify and hold us (and our officers, employees, and agents) harmless from and against all damages losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or demand made by any third party due to or arising out of (a) your use of the App, (b) your violation of this Agreement; (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS AVAILABLE" OR "AS IS", WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WE DO NOT WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.

In the event that any action or other proceeding is sought to be brought against the Company for any purpose, you agree, notwithstanding any legislative statute of limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against the Company and any persons who in law or at equity could claim contribution or indemnity against the Company.

  1. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE COMPANY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE APP. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE DOWNLOADING OR USING THIS APP.


YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND INSTALL THE APP AND USE THE APP AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF OR YOUR DEVICE INCLUDING LOSS OF DATA THAT RESULTS FROM THE APP.

THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY AND ALL INFORMATION (PERSONAL AND OTHERWISE) STORED BY US (IF APPLICABLE), (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE APP, (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP, NOR IS THE COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER.


IN NO EVENT, SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE AND/OR APP WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT THEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE APP (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU’VE PAID THE COMPANY IN THE PRIOR 3 MONTHS (IF ANY).


  1. Basis of Bargain

The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between us and you. We would not be able to provide the App on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers.

  1. Notice and Take Down/Infringement

The Company owns, protects and enforces the rights in its own creative material and respects the rights of others. It is our policy not to permit materials known by us to be infringing to appear on the App. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through the App in a way that constitutes an infringement of such including but not limited to copyright, trademark or other intellectual property rights or privacy rights, please provide us with an infringement notice ("Notice") which should include the following written information:

    1. a statement that you have identified Content or other material on the App, which infringes your copyright or other intellectual property rights;

    2. identification of the Content or other material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

    3. your full name, email address, postal address and telephone number on which you can be contacted;

    4. a statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

    5. a statement by you that you have a good-faith belief that use of the Content or other material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;

    6. the physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed;

    7. It is recommended that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims;

    8. Notice of claims of infringement on or regarding Content or other material, should be sent to takedown@yogaplusapp.com.

  1. Term and Termination

The Agreement and the licenses granted hereunder are effective on the date you download the App and shall continue unless and until this Agreement is terminated by us pursuant to this section.

The Company reserves the right to terminate your license at any time for any reason and for no reason. The Company reserves the right to prevent access to the App and block users from certain IP addresses or Device numbers.

Upon termination, the license granted hereunder shall terminate and you shall immediately remove any copies of the App in your possession, but any terms of this Agreement, which are intended to survive termination, will remain in effect.

  1. Miscellaneous.

    1. We reserve the right to change these Terms by posting. at any time, in our sole discretion, by posting changes on the Marqode website and/or YogaPlus App website. Your continued use of the App after any amendment shall evidence your agreement to be bound by the revised Terms.

    2. Contact Information. For communications concerning the Agreement, please contact us at: service@marqode.com.

    3. Severability. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

    4. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Israel, without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

    5. Notwithstanding the foregoing we may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights.

    6. Assignment. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.

    7. Notice. You agree that any notice, agreement, disclosure or other communication that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    8. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled.

    9. The Company’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.

    10. With the sole exception, set forth in Section ‎25 hereto, the provisions of these Terms are for the benefit of the Company and yourself, and these Terms are not intended to confer upon any person, except the Company and yourself, any rights or remedies hereunder.

    11. Headings and subheadings in the Agreement are included for convenient reference only and are not to be considered in construing the corresponding text of the Agreement.


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