MOSS YOGA – TERMS OF SERVICE
Effective Date: February 16th, 2025
Welcome to Moss Yoga (“Moss,” “we,” “our,” or “us”)! We invite you to carefully read these Terms of Service (“Terms”) before accessing or using our website at www.moss-yoga.com (the “Site”), mobile applications (the “App”), and all related digital platforms (together with the Site and App, the “Service”). By accessing or using the Service, you (the “User”, “Member,” or “Teacher”) agree to be bound by these Terms, as well as all applicable laws and regulations. If you do not agree, you may not use our Service.
Note: These Terms contain a Mandatory Arbitration Provision and a Class Action Waiver in Section 21 that affect your legal rights. They also include an IP carve-out permitting us to seek equitable relief for IP/brand infringement in court. Please review these sections carefully.
We reserve the right to update or modify these Terms at any time. If we make material changes, we will provide prior notice where practicable (e.g., posting a notice on our Site, sending an email). Continued use of the Service after modifications have been posted means you accept the changes.
1. INTELLECTUAL PROPERTY & BRAND PROTECTION
(a) Ownership of Moss Yoga IP
All methodologies, course materials, brand elements, software, and technologies provided under or in connection with Moss Yoga (collectively, “Moss Yoga IP”) are the exclusive property of Moss Yoga. This includes, but is not limited to, our Moss Levels, proprietary algorithms, data analytics processes, design elements, and any patent-pending or patented features. For details on how we use user data to develop or refine our proprietary technologies, please see our Privacy Policy.
You agree not to copy, reproduce, distribute, create derivative works from, display, reverse engineer, or otherwise exploit Moss Yoga IP for any public or commercial purpose without our express written permission. Any unauthorized use of Moss Yoga IP may result in civil and/or criminal penalties.
(b) Restrictions on Use
You may use Moss Yoga’s Services solely for your personal, non-commercial use, unless expressly agreed in writing by Moss Yoga. Any attempt to use the Services in violation of applicable law, these Terms, or to infringe upon Moss Yoga IP will be subject to immediate termination of your account and possible legal action. By way of illustration (and not limitation), you may not:
1. Create Derivative Works: Incorporate or repurpose any Moss Yoga IP to produce competing content, apps, or services.
2. Reverse Engineer: Decompile, disassemble, or attempt to derive the source code of Moss Yoga’s software or methodologies.
3. Misuse Branding: Use Moss Yoga’s trademarks, logos, or distinctive brand features in your own materials without explicit permission.
(c) Reservation of Rights
Moss Yoga reserves all rights not expressly granted herein. No licenses or rights are granted to you by implication or otherwise, except for the permissions and rights expressly described in these Terms. We further reserve the right to seek injunctive or equitable relief in a court of law for any unauthorized use, replication, or infringement of Moss Yoga IP, notwithstanding the arbitration provisions in Section 21.
2. ACCEPTANCE OF THESE TERMS
These Terms establish the conditions of using the Moss Yoga Service. If you do not agree, you cannot use our Service. We may change these Terms at any time. Any changes are effective immediately upon posting, unless stated otherwise.
3. USE OF THE SERVICE
(a) Service Description
• The Service is Moss Yoga’s website, mobile applications, and affiliated platforms where yoga teachers (the “Teachers”) can offer classes (“Classes”) to students (each a “Moss Member”) via video communications or other digital means (the “Moss Network”).
• Subject to these Terms, Moss Yoga grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal use (unless explicitly allowed otherwise in writing).
(b) Privacy Policy
Our practices regarding the collection, use, and sharing of your personal information are described in our Privacy Policy. By accepting these Terms, you also acknowledge that you have read and agree to our Privacy Policy.
(c) Account Registration
• Moss Members: To book a class, you must complete registration and provide accurate, current information.
• Teachers: Must enter into a separate agreement with Moss Yoga and provide additional information or certifications.
(d) Eligibility
• You represent that you are at least 18 years of age, have not been previously suspended from the Service, and can form a legally binding contract.
• If you are using the Service on behalf of an organization, you represent you have the authority to bind that organization to these Terms.
(e) Account Credentials & Security
You are responsible for maintaining the confidentiality of your username and password and for all activity under your account. Please notify us at info@mossyoga.app of any unauthorized use or breach of security.
4. USER RESPONSIBILITIES
You agree not to use the Service in a way that violates any laws, rights of others, or these Terms. Specifically, you will not:
1. Use any automated means (bots, scrapers) to access, retrieve, or index any portion of the Service.
2. Post or transmit any content that is obscene, threatening, defamatory, or unlawful.
3. Engage in harassing, abusive, or harmful behavior, or encourage others to do so.
4. Attempt to circumvent security measures or gain unauthorized access to restricted areas.
5. Use or access the Service to build a competing service.
We reserve the right to limit or terminate your account for any violation of these provisions.
5. BOOKING CLASSES & PAYMENT
(a) Booking Classes
• Moss Members can book virtual yoga classes offered by Teachers on the Moss Network.
• You must ensure that you (or the person you book for) are fit to participate. Consult a physician if unsure.
(b) Fees & Payment
• Fees may vary by teacher, class length, day, or location. The fee you pay is the “Fee.”
• No Refund Policy: Except at Moss Yoga’s sole discretion, we typically do not provide refunds. If a Teacher ends a class early due to inappropriate behavior or a safety concern, you are not entitled to a refund.
(c) Cancellations
• If you cancel within the allowed window (e.g., 2 hours before class), you may receive a class credit in accordance with our Cancellation Policy.
(d) Liability Disclaimer
Teachers bear sole liability for the services they provide. Moss Yoga is not responsible for verifying a user’s medical condition or guaranteeing a Teacher’s qualifications beyond what is stated in our screening process.
6. MEDICAL-RELATED DISCLAIMERS
• Moss Yoga’s Content is not medical advice. We do not recommend or endorse any specific test, physician, product, or procedure.
• The Service may include information on yoga therapy or wellness techniques that could be considered sensitive or personal. Use at your own risk and always consult a qualified professional for medical concerns.
• No Professional Relationship: Accessing the Service does not create a doctor-patient or therapist-client relationship.
7. E-COMMERCE & MOSS STORE
We may offer a curated list of products from partners. Product details, pricing, and return policies are governed by each manufacturer’s or distributor’s terms. We reserve the right to change prices, limit quantities, or discontinue products at any time without notice.
8. CONTENT SUBMITTED TO MOSS
By submitting or posting any ideas, suggestions, or creative materials (“Materials”) to Moss Yoga, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, create derivative works of, or display such Materials to enhance our Service. We do not claim ownership over user-generated content, but we reserve the right to remove or alter it.
9. PROHIBITED CONTENT & CONDUCT
We reserve the right to remove any content or materials that we determine, in our sole discretion, violate these Terms or may harm our users or brand. Repeated or severe violations may lead to account termination.
10. INDEMNIFICATION & RELEASE
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Moss Yoga, its affiliates, officers, employees, agents, and partners from any claims, damages, or expenses arising from your use of the Service, breach of these Terms, or violation of any third-party rights.
You also release Moss Yoga from liability related to injuries or damages resulting from classes or other services booked through the Service, including injuries caused by the negligence of a Teacher or another user.
11. DISCLAIMER OF WARRANTIES
The Service is provided “as is” and “as available.” We make no warranties regarding the Service’s fitness for a particular purpose, reliability, or availability. Use the Service at your own risk. We do not warrant that classes or any part of the Service will meet your expectations or be error-free.
12. LIMITATION OF LIABILITY
1. No Indirect Damages: To the maximum extent allowed by law, Moss Yoga is not liable for indirect, incidental, special, or consequential damages.
2. Cap on Liability: Moss Yoga’s liability shall not exceed the amount you paid to us in the one-month period prior to the claim or dispute arising, unless otherwise mandated by law.
3. Basis of Bargain: The limitations herein are fundamental to the contractual relationship between you and Moss Yoga.
13. THIRD-PARTY DISPUTES
Moss Yoga is not responsible for disputes with third parties (e.g., carriers, payment processors, etc.). You release us from all claims, demands, and damages of any kind arising out of such disputes.
14. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, such as acts of nature, labor disputes, or government actions.
15. ADDITIONAL FEATURES & LINKS
The Service may contain links to third-party websites or offer optional features. We do not endorse or control these third parties. You access them at your own risk.
16. FEEDBACK
We appreciate your feedback on improving Moss Yoga. However, any suggestions you submit become our property, and we have no obligation to compensate you or keep such feedback confidential.
17. TERM & TERMINATION
• These Terms remain in effect so long as you access or use the Service.
• We reserve the right to terminate your access, without notice, if we determine you have violated these Terms or if required by law.
• Sections regarding IP, indemnification, disclaimers, and dispute resolution survive termination.
18. GOVERNING LAW & CHOICE OF FORUM
These Terms are governed by the laws of the State of New York, excluding its conflict-of-law rules. If a dispute proceeds to court, you irrevocably submit to the exclusive jurisdiction of the state and federal courts in New York County, New York.
19. DISPUTE RESOLUTION & ARBITRATION
(a) Mandatory Arbitration
Except as noted below for IP or brand enforcement, any dispute arising out of or relating to these Terms or your use of the Service shall be finally settled by binding arbitration under the rules of the American Arbitration Association (AAA).
1. Notice: A party seeking arbitration must send a written Notice of Intent to Arbitrate to the other party.
2. Arbitrator’s Decision: The arbitrator will issue a written decision, applying New York state law.
3. No Class Actions: You agree to proceed individually and waive any right to a class action.
4. Confidential Proceedings: Arbitration shall be confidential, and the arbitrator’s award may be filed in a court of competent jurisdiction.
(b) IP & Brand Carve-Out
Moss Yoga reserves the right to seek injunctive or equitable relief in a court of law for any unauthorized use of our IP, brand, or related proprietary rights. This means we may bypass arbitration in cases of infringement or immediate harm to our IP or brand identity.
(c) Small Claims
You or Moss Yoga may bring claims in small claims court if they qualify within that court’s jurisdiction.
(d) Enforcement of Arbitration Clause
If Section 19(b) or the class action waiver is found unenforceable, the entire arbitration provision shall be null and void, and disputes will proceed in a court of law as described in Section 18.
20. SEVERABILITY & WAIVER
If any provision in these Terms is deemed invalid or unenforceable, such provision shall be modified or severed, and the remaining provisions remain in effect. No waiver of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default.
21. ASSIGNMENT
You may not assign or transfer these Terms without our written consent. Moss Yoga may assign these Terms at any time without notice or consent.
22. THIRD-PARTY BENEFICIARIES
Certain teachers or content providers named in these Terms may be third-party beneficiaries. Otherwise, these Terms create no third-party beneficiary rights.
23. NOTICE REGARDING APPLE
If you downloaded our App from Apple’s App Store, acknowledge that Apple is not responsible for the Service and has no obligation to provide support. Apple’s limited warranty obligations apply only to Apple’s software and services.
Contact Us
If you have questions about these Terms, please contact us at:
Email: info@mossyoga.app
Website: www.moss-yoga.com
Thank you for reading and welcome to Moss Yoga!