Terms of Service

1. Acceptance of Terms

By accessing or using SomaAxis (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

SomaAxis is a web-based application that allows users to:

• Create, save, and organize custom yoga sequences
• Access a library of yoga poses with detailed instructions
• Practice yoga sequences with timer and audio cue features
• Explore sample sequences created by the community
• Track favorite poses and routines

3. User Accounts

Account Creation: To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. Subscription and Payment Terms

Subscription Tiers: We offer various subscription tiers, including Free and Premium plans. Details of each tier are available on our pricing page.

Free Trial: New users may be eligible for a free trial period. At the end of the trial, you will be automatically downgraded to the Free plan unless you subscribe to a Premium plan. No credit card is required for the trial.

Billing: Premium subscriptions are billed on a recurring basis (monthly or annually) until canceled. You authorize us to charge your payment method for all fees incurred.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing period. No refunds will be provided for partial subscription periods.

Price Changes: We reserve the right to modify subscription prices with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new price.

5. User Content

Your Content: You retain ownership of any yoga sequences, notes, or other content you create using the Service ("User Content"). By creating User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your User Content solely for the purpose of providing the Service to you.

Content Responsibility: You are solely responsible for your User Content. You represent that you have all necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.

Content Removal: We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

6. Intellectual Property

Our Content: All content provided by the Service, including but not limited to pose descriptions, images, audio cues, sample sequences, and software, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7. Prohibited Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe on the intellectual property rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Use automated means (bots, scrapers) to access the Service
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Use the Service to distribute spam or unsolicited messages

8. Health and Safety Disclaimer

Medical Advice: The Service is for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before beginning any yoga practice, especially if you have any medical conditions or injuries.

Assumption of Risk: Yoga practice carries inherent risks of physical injury. By using the Service, you acknowledge and assume all risks associated with yoga practice and agree to practice at your own risk and within your own limitations.

No Warranty: We make no representations or warranties regarding the accuracy, completeness, or suitability of any yoga sequences, poses, or instructions provided through the Service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless SomaAxis and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the federal laws of Canada and the laws of the Province of British Columbia, without regard to conflict of law principles.

Any disputes arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada, except that either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Effective Date" above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

15. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]
Website: somaaxis.yoga
Jurisdiction: British Columbia, Canada