Terms & Conditions
By using Peak Pose (the “Application”, “App”, “Service”) on any mobile phone, tablet or another device (collectively, “Device”), you as a user of the App confirm that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Beyond Asana, LLC ("Beyond Asana," “we”, “us”, “our”) may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance of the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this App.
Scope of License
The App is licensed, not sold, to you. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the App on your Device solely for the purpose of performing those functions and tasks available to you as an end user of the App. This license does not allow you to use the App on any Device that you do not own or rightfully control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license or terms of the relevant certified Application Store), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of our rights as a licensor. If you breach this restriction, you may be subject to prosecution and damages.
Account
n order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to [email protected].
Subscription Services
All intellectual property on the App, which includes materials protected by copyright, trademark, or patent laws, is owned by us or licensed to us. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the App (except for personal information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is our intellectual property; All rights reserved.
Changes to Terms
We reserve the right to modify these Terms from time to time. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
Termination
These Terms of Use is effective until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Application. If you violate these Terms of Use, our permission to you to use the Application automatically terminates. We, however, may, in our sole discretion, terminate these Terms of Use and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of these Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.
Disclaimer
Beyond Asana offers health and fitness information designed for education purposes only. You should not rely on the information in any Application made by Beyond Asana (including but not limited to desktop, mobile, and device Applications, website, blogs, and any social media pages maintained by Beyond Asana or Peak Pose as a substitute for professional medical advice, diagnosis, or treatment. We do not in any way guarantee or warrant the accuracy, completeness, or usefulness of any content found in any Application. The use of any information provided on this or any other Application made by Beyond Asana is solely at your own risk. Do not use any Application while driving, operating heavy machinery, or engaging in another activity that requires concentration. We assume no responsibility for injuries suffered while practicing these techniques and Beyond Asana shall not be held liable for any damages, circumstances, conditions or injuries that may occur, directly or indirectly, from engaging in any activities or ideas presented in any Application made by Beyond Asana. Engaging in any fitness activity, including but not limited to the practice of yoga or any other form of mental or physical exercise, carries risk of injury. We do not recommend engaging in any fitness activity without appropriate supervision if you are pregnant or under 18 years of age. By using any Application, you accept all responsibility for your physical and mental health and any resultant injury or mishap that may affect your well-being or health and/or your baby’s well-being or health in any way. Consult with your physician or health care provider before starting any fitness program, or if you have any questions or concerns about your physical or mental health. Do not start a fitness program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately and seek immediate medical attention. To the maximum extent permitted by applicable law, the Application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Application or any information, content, materials or products included or referenced therein. The Application may not be available in all languages or in all countries, and we make no representation that the functionality of the Application would be appropriate, accurate or available for use in any particular location. The Application availability and pricing are subject to change.
Limitation of Liability
Neither Beyond Asana nor its affiliates, licensors, suppliers or distributors will be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if advised of the possibility of these damages, resulting from your access or use of the service. Because some stats do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Except as otherwise expressly set forth in these terms, the maximum total liability of Beyond Asana, its affiliates, licensors, suppliers and distributors to you for any claim related to the service, whether in contract, tort or otherwise, is the greater of the amount you paid for the service or $10. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
Indemnity
You will defend, indemnify and hold Beyond Asana, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
Entire Agreement
These Terms are the entire agreement between you and Beyond Asana regarding your use of the Service.
Contact us
For questions, comments, complaints or claims related to this Service, please email us at [email protected] or complete the form on our Contact Us page.
Scope of License
The App is licensed, not sold, to you. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the App on your Device solely for the purpose of performing those functions and tasks available to you as an end user of the App. This license does not allow you to use the App on any Device that you do not own or rightfully control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license or terms of the relevant certified Application Store), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of our rights as a licensor. If you breach this restriction, you may be subject to prosecution and damages.
Account
n order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to [email protected].
Subscription Services
- The App is free to download. However, certain features of the Service are offered on a subscription basis for a fee. You will pay through iTunes or Google Play the applicable fees (and any related taxes) as they become due.
- To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you a reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
- You authorize iTunes or Google Play to charge the applicable fees to the payment card that you submit.
- By signing up for certain subscriptions, you agree that your subscription will be automatically renewed unless you cancel your subscription prior to the renewal date. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
- We may offer a free trial subscription for the Service. Free trial provides you with access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue, and you will be billed the applicable fees for the Service. We may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
- The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
- Subscriptions purchased via the App Store and the Google Play Store are subject to their refund policies. This means we cannot grant refunds.
- Please note that if you purchase a subscription, you must cancel automatic renewal of paid In-App Subscriptions through the Apple App Store or Google Play Store.
- We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Website or the Apps.
All intellectual property on the App, which includes materials protected by copyright, trademark, or patent laws, is owned by us or licensed to us. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the App (except for personal information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is our intellectual property; All rights reserved.
Changes to Terms
We reserve the right to modify these Terms from time to time. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
Termination
These Terms of Use is effective until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Application. If you violate these Terms of Use, our permission to you to use the Application automatically terminates. We, however, may, in our sole discretion, terminate these Terms of Use and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of these Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.
Disclaimer
Beyond Asana offers health and fitness information designed for education purposes only. You should not rely on the information in any Application made by Beyond Asana (including but not limited to desktop, mobile, and device Applications, website, blogs, and any social media pages maintained by Beyond Asana or Peak Pose as a substitute for professional medical advice, diagnosis, or treatment. We do not in any way guarantee or warrant the accuracy, completeness, or usefulness of any content found in any Application. The use of any information provided on this or any other Application made by Beyond Asana is solely at your own risk. Do not use any Application while driving, operating heavy machinery, or engaging in another activity that requires concentration. We assume no responsibility for injuries suffered while practicing these techniques and Beyond Asana shall not be held liable for any damages, circumstances, conditions or injuries that may occur, directly or indirectly, from engaging in any activities or ideas presented in any Application made by Beyond Asana. Engaging in any fitness activity, including but not limited to the practice of yoga or any other form of mental or physical exercise, carries risk of injury. We do not recommend engaging in any fitness activity without appropriate supervision if you are pregnant or under 18 years of age. By using any Application, you accept all responsibility for your physical and mental health and any resultant injury or mishap that may affect your well-being or health and/or your baby’s well-being or health in any way. Consult with your physician or health care provider before starting any fitness program, or if you have any questions or concerns about your physical or mental health. Do not start a fitness program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately and seek immediate medical attention. To the maximum extent permitted by applicable law, the Application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Application or any information, content, materials or products included or referenced therein. The Application may not be available in all languages or in all countries, and we make no representation that the functionality of the Application would be appropriate, accurate or available for use in any particular location. The Application availability and pricing are subject to change.
Limitation of Liability
Neither Beyond Asana nor its affiliates, licensors, suppliers or distributors will be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if advised of the possibility of these damages, resulting from your access or use of the service. Because some stats do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Except as otherwise expressly set forth in these terms, the maximum total liability of Beyond Asana, its affiliates, licensors, suppliers and distributors to you for any claim related to the service, whether in contract, tort or otherwise, is the greater of the amount you paid for the service or $10. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
Indemnity
You will defend, indemnify and hold Beyond Asana, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
Entire Agreement
These Terms are the entire agreement between you and Beyond Asana regarding your use of the Service.
Contact us
For questions, comments, complaints or claims related to this Service, please email us at [email protected] or complete the form on our Contact Us page.
