Terms of service

Last Update: 26-01-2025

support@yolgiapp.com

Terms of Service

The following terms and conditions govern your use of Yolgi software, as well as all content, services, and products (collectively referred to as the “Service”) available at or through the website located at www.yolgiapp.com and any associated applications, including mobile applications, worldwide (the “Platform”). The Service and the Platform are owned and operated by Yolgi. The Service is offered to you on the Platform subject to your acceptance, without modification, of any of the terms and conditions contained herein (collectively, the “Agreement”). Please read the terms and conditions of this Agreement carefully before accessing or using the Platform.

BY ACCESSING OR CREATING AN ACCOUNT OR OTHERWISE USING ANY PART OF THE PLATFORM, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE PLATFORM. Furthermore, Yolgi reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service at any time. We will notify you by updating the date at the top of these Terms of Service, and in some cases, we may provide you with additional notice when these terms are changed or modified. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the Platform following the posting of changes to these Terms of Service will mean that you accept and agree to the updated terms.

Age Restrictions

Use of the Yolgi Platform is only permitted in accordance with applicable law. If you reside in the Netherlands or another EU country, you must be at least 16 years old to use the Platform. However, if the laws in your country of residence require you to be older for Yolgi to provide services lawfully without parental consent (including the use of your personal data), then those laws must be followed.

License to Use the Platform

As long as you comply with these Terms of Service, Yolgi grants you a non-exclusive, non-sublicensable, non-transferable, limited license to access and use the Service on the Platform as a single user.

Content on the Platform

“Content” includes, without limitation, text, links, scripts, software code, reports, images, logos, trademarks, color schemes, layouts, user interfaces, visual interfaces, designs, and interactions between various elements available on the Platform. Unless otherwise expressly noted on the Platform, Yolgi reserves all rights, titles, and interest in and to the Platform and the Content, including all related intellectual property rights. You understand that this Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Yolgi may modify or remove any Content on the Platform at any time for any reason. The program is fully protected under copyright and trademark laws. Any unauthorized duplication, exhibition, distribution, or other use of this Platform, or any part thereof, without prior written consent is strictly prohibited by law, including Dutch and EU law. Violators will be prosecuted to the fullest extent of the law.

Use of Content

The Content provided on the Yolgi Platform is intended for single-user personal, professional, or business use and for informational purposes only. In the event of a medical emergency, do not rely on the Content for treatment; instead, contact your doctor or visit a hospital immediately. The Content available on the Platform is for educational and training purposes only and is not intended to serve as professional medical advice. Any reliance on the Content or other information provided by Yolgi, its employees, officers, contractors, agents, or others providing Content on the Platform (whether verbally, via email, or in person) is entirely at your own risk. The Platform and Content are provided on an “as-is” basis.

Your Use of the Platform

Yolgi grants you a limited, personal, single-user, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service on the Platform. Additionally, Yolgi permits you to share, upload, post, and use material (“Material”) on the Platform. You may use the Service on the Platform for both personal and business purposes, either as an individual user or as a teacher. The Services available on the Platform are to be used solely for their intended purpose. Unauthorized use of any Service, Content, Material, or violation of any terms in this Agreement may result in legal consequences and potential damages, for which you alone will be responsible. Yolgi reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such instances, you agree to cooperate fully with our defense of such claims.

Prohibited Actions

You agree not to directly or indirectly engage in, or allow any third party to engage in, any of the following actions:

(a) License, sublicense, sell, resell, transfer, assign, distribute, or otherwise provide or make available the Content, Services, or Platform to any other party in any way;

(b) Copy, modify, or create derivative works of the Platform or Content;

(d) Use any device, software, or routine that interferes or attempts to interfere with the operation of the Platform, or attempts to monitor any part of the Platform and/or Content;

(e) Attempt to access any data or information not explicitly provided through the Platform;

(f) Attempt to hack or assess security vulnerabilities on the Platform;

(g) Attempt to access account information that does not belong to you;

(h) Take actions that place an unreasonable load on the Platform;

(i) Modify, remove, or change any information exchanged among various elements of the Platform;

(j) Improperly use the Service or Content, including creating unauthorized links to parts of the Platform, framing or mirroring parts of the Service or Platform on other websites, or scraping data from the Platform;

(k) Send spam or duplicate or unsolicited messages; and

(l) Infringe on the intellectual property of Yolgi or any third party through the use of the Platform’s Services.

Further Restrictions

Additionally, you agree not to, nor allow others to:

(i) Design or develop a competing or substantially similar product or service;

(ii) Copy or extract any features, functionality, or Content from the Platform;

(iii) Launch or cause to be launched, any automated programs or scripts, including web spiders, crawlers, robots, indexers, bots, viruses, worms, or any program that makes multiple server requests per second, or unduly hinders or burdens the operation of the Platform; and

(iv) Remove any copyright, trademark, or other proprietary notices from any portion of the Content or Platform.

Yolgi reserves the right to suspend your account (either temporarily or permanently) in the event of a violation of any of the above conditions.

Fair Use Policy

Your use of the Platform is subject to Yolgi’s fair use policy, which is determined at our sole discretion. In determining whether you have exceeded fair use limits, we may consider factors such as:

(i) The number of yoga sequences created or added by a user within a specific time period;

(ii) The number of poses added to a yoga sequence by a user;

(iii) The number of searches reasonably performed by a user without overloading the system; and

(iv) Any other factors deemed relevant by Yolgi.

You consent to our use of this data to assess your usage, and you acknowledge that Yolgi reserves the right to terminate your account if we determine that you have exceeded the fair usage limits.

Your Account on the Platform

Your account on the Yolgi Platform is subject to the following conditions:

Single User Account

Each Yolgi account is intended for individual use only and cannot be transferred or sublicensed. You are prohibited from sharing your login credentials with others. Yolgi reserves the right to suspend or cancel your access if you share your credentials without authorization or prior approval.

Additionally, you may not create multiple accounts to simulate a single account or to avoid fees. Such actions may result in the suspension of your account.

Email ID for the Account

When creating your account, you are required to use a permanent email ID. The use of temporary email addresses may lead to the suspension or blocking of your account. The email ID is used solely for account identification purposes. You are not permitted to use multiple email addresses to exploit the trial period. Yolgi reserves the right to suspend or permanently block access to the Platform in the event of misuse.

Security Considerations

As an account holder, you are responsible for maintaining the security of your account and are fully accountable for all activities that take place under it. You must notify Yolgi immediately of any unauthorized use or security breaches. Yolgi is not responsible for any acts or omissions by you, including any damages resulting from such actions.

Usage Limits

Your account usage is tied to the type of subscription you choose. Subscription options include monthly, yearly, and a default Free Plan.

Free Trial: Yolgi offers a free trial with full access to all features of the App

Free Plan: Free plan allows you to practice flows created during the trial period.

Monthly Subscription: You may create Unlimited yoga flows per months, have the ability to share and download and practice your yoga flows and have access to all available poses. Payment for this subscription is monthly – and will be handled through apple app store or google play store.

Yearly Subscription: You may create Unlimited yoga flows per months, have the ability to share and download and practice your yoga flows and have access to all available poses. Payment for this subscription is yearly – and will be handled through apple app store or google play store.

User-Created Flows and Public Content

By creating and sharing flows publicly within the app, you grant Yolgi a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, display, reproduce, modify, adapt, and distribute your public flows for promotional purposes. These purposes include, but are not limited to:

Marketing campaigns (e.g., social media, advertisements, newsletters)
Showcasing app features to potential users
Educational or instructional materials related to the app

You retain full ownership of your content, and this license does not apply to flows set as private within the app. If you do not wish for your public flows to be used for promotional purposes, please ensure they are marked as private.

Subscription Policy

Yolgi offers various subscription plans, which you can view on our pricing page. Once you purchase a subscription, it is activated immediately.

Free plan: You may create 3 Flows for free each month, you have the ability to delete a flow and create a new one in turn. Users on the free plan do not have the ability to share and or download their flows and is specifically designed for users who practice yoga / use the app for personal purposes. Users are able to practice their flows and have access to all poses

Taxes: Depending on your location, Yolgi may add taxes such as Sales Tax, VAT, or GST to your subscription fee. These taxes are calculated based on your billing address, and the total amount, including taxes, will be displayed at checkout.

Third-party fees: The subscription fee does not include additional third-party fees such as mobile carrier charges, ISP fees, credit card fees, or foreign transaction fees. These fees are your responsibility.

Your subscription remains active until the end of the current term, subject to our fair use policy and other terms. In the event of discrepancies between your country of residence and your payment card’s country, the subscription will be canceled and refunded, and you will need to re-subscribe with updated country details.

Subscription Renewals

Your subscription will automatically renew at the end of the original term unless you cancel it before the renewal date. The renewal fee may change due to factors such as local tax laws or price adjustments.

To avoid automatic renewals, you must cancel your subscription before the current term expires. Should a renewal fail due to insufficient funds or an expired payment card, you should update your payment details in your account section to ensure uninterrupted access.

If the renewal fails, your account will be suspended after the current term expires. Yolgi will attempt to notify you via email 3 days prior to retrying payment, but please note that email reminders may occasionally fail due to technical issues beyond our control.

Cancellation and Refund Policy

You may cancel your subscription at any time, subject to the following conditions:

Due to upfront discounts, Yolgi cannot process cancellation or refund requests midway through a subscription period. However, for annual subscriptions, you can request a pro-rated refund within 7 days of renewal.

To avoid renewal charges, submit your cancellation request at least 24 hours before renewal via the cancellation link in your account.

Cancellation requests can also be sent via email, but processing may take up to 7 days. If your subscription renews during this time, it will still be charged. Note that third-party payment provider fees may be deducted from refunds.

Refunds will not be issued if:

Your account is suspended due to excessive use or misuse.

You used a group discount for your subscription.

Verification of Professional Certificates

Some Yolgi features are exclusive to yoga teachers. You may be asked to provide proof of yoga certification or professional yoga experience to access these features.

Pose Image Licensing

Yolgi offers a library of yoga poses for use, subject to licensing terms. You may license poses with a fee. Each pose image must include the following credit text:
“All images are © Yolgi.com. Yolgi.com is a yoga sequencing platform for yoga teachers.”

The text can be used as follows:

Websites/Blogs: Display the text anywhere, with “Yolgi.com” linking to https://yolgi.com/yoga-poses.

Newsletters: Use “© Yolgi.com” in image credits.

Social Media: Use “© Yolgi.com” or “Image credit @yolgi” in the description.

Yoga Teacher Training Modules/Books: Include the copyright text.

Hatha images downloaded from “Envato marketplace” and are drawn by user “Frimages”

Additional images are drawn by Robin Clarijs.

Application Design by Robin Clarijs.

Application Development by Mousir.

Application Content by emoiyoga (Olga Ruiz Pilato)

Prohibitions

Yolgi prohibits the use of pose images in apps, digital products, for sale, or in isolation (e.g., yoga cards). For detailed licensing terms, see the FAQ.

Your Information

When creating an account, Yolgi only requires your name, email address, and location for service provision. Further details on how we handle your data are outlined in our Privacy Policy. You are responsible for safeguarding your login credentials and ensuring the accuracy of your provided information. Yolgi may suspend your account if false or misleading information is detected.

Material Uploaded to the Platform

By uploading any material (text, images, comments, etc.) to Yolgi, you take full responsibility for the content and any harm caused. Yolgi claims no ownership over user-submitted material but reserves the right to use, modify, and distribute the content as part of the Service, subject to the terms of this agreement.

By submitting material, you represent that you hold all necessary rights and licenses, that the material does not infringe on third-party rights, and that it is free from harmful content (e.g., malware or spam). You also agree to indemnify Yolgi against any claims arising from the content you upload.

License to Yolgi

By submitting material to Yolgi, you grant Yolgi a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the material solely for the purpose of displaying, distributing, and promoting your content. If you delete your account or any material, Yolgi will make reasonable efforts to remove the material from the platform, but you acknowledge that caching or references to the material may not be immediately removed.

License to Other Users

You grant Yolgi permission to share your material with other users of the platform, as deemed appropriate by Yolgi, for the sole purpose of promoting your content. You also grant these users the right to reproduce, modify, adapt, and publish the material for the purpose of displaying, distributing, and promoting your content.

Duration of the License

The licenses you grant will continue until the content is removed as described below. Once removed, the licenses will terminate, except where necessary for the operation of the platform, use of content permitted before removal, or as required by law.

Yolgi has not reviewed and cannot review all the material that is published, modified, adapted, and posted by users, and therefore cannot be responsible for the content, use, or effects. Yolgi reserves the right (though not the obligation) to, at its sole discretion: (i) refuse or remove any material that, in Yolgi’s reasonable opinion, violates any policy or is harmful or objectionable; or (ii) terminate or deny access to the platform to any individual or entity for any reason. Yolgi has the right to remove any material from the platform at any time, for any reason or for no reason at all.

Material Downloaded from the Platform

You may download only the material explicitly made available to you on the platform when using your own account login. This material belongs to a third party, and you may only reproduce, modify, adapt, and publish it solely for the purpose of displaying, distributing, and promoting the content. Yolgi has not reviewed all the material posted on the platform, including computer software, and therefore cannot be responsible for its content, use, or effects.

Downloading or using the material from the platform is at your own risk, and Yolgi provides no guarantees on whether the material is malware-free, useful, accurate, or non-harmful. Yolgi does not represent or imply that it endorses any material posted on the platform. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The material may be offensive, indecent, or objectionable, as well as contain technical inaccuracies, typographical mistakes, and other errors. It may also violate privacy or publicity rights, or infringe upon intellectual property and other proprietary rights of third parties. Downloading, copying, or using such material may be subject to additional terms and conditions. Yolgi disclaims responsibility for any harm resulting from the use of any material available on the platform.

Removal of Content

Content uploaded to the platform may be removed by Yolgi, either independently or upon a user’s request, under the following circumstances.

You may request the removal of your content from the platform at any time. Before doing so, you may also choose to make a copy of your content. Once Yolgi receives your request for removal, it may take down some or all of the content. You must request the removal of content if you no longer have the rights required by these terms.

If Yolgi reasonably believes that any content violates this agreement or may cause harm to users, third parties, or the platform, it may remove some or all of the content. Yolgi will notify you of the reason for the removal unless it reasonably believes that doing so: (a) would violate the law or a legal authority’s directive, or would otherwise risk legal liability; (b) would compromise an investigation or the platform’s operation; or (c) would cause harm to users, third parties, or Yolgi.

Intellectual Property

For the purposes of this agreement, “Intellectual Property” refers to copyright rights, trademark rights, patent rights, trade secrets, moral rights, publicity rights, authors’ rights, contract and licensing rights, goodwill, and all other intellectual property rights, both existing now and in the future, and all renewals and extensions thereof, whether arising under the laws of any jurisdiction. This includes all intellectual property subsisting with Yolgi, such as trademarks, artwork, trade names, brand names, proprietary data, designs, conceptions, product configurations, technical specifications, and more.

This agreement does not transfer any of Yolgi’s or third parties’ intellectual property rights to you. All such rights remain solely with Yolgi. Trademarks, service marks, graphics, and logos used in connection with the platform may be trademarks of respective parties. Your use of the platform grants no right or license to reproduce or otherwise use any of Yolgi’s or third parties’ intellectual property. Misuse of any intellectual property may result in legal exposure for you, Yolgi, or both parties for alleged infringement.

Infringement

Just as we ask others to respect our intellectual property rights, we also respect the intellectual property rights of our users. Yolgi has zero tolerance for infringement and piracy, and we handle any such acts with serious concern. If you believe that material on or linked to the platform violates your intellectual property rights or those of a third party, you are encouraged to notify Yolgi by sending a detailed complaint regarding the alleged incident via email to team@yolgi.com.

We will respond to all such notices within reasonable working hours and take appropriate action promptly. This may include, but is not limited to, removing the infringing material or disabling all links to the material in question. In appropriate circumstances, and when deemed necessary, we may terminate a visitor’s access to and use of the platform if they are determined to be a repeat infringer of copyright or other intellectual property rights. Where circumstances require, we may also take legal action against the alleged infringer.

To assist us in understanding your concern and taking prompt action, we request that your complaint includes the following information:

Identification of the copyrighted work or other intellectual property alleged to have been infringed.

A reasonable and justifiable explanation of why you believe there is an infringement, along with any necessary supporting documentation.

Identification of the allegedly infringing material and/or the infringer in a precise manner to allow us to locate the material.

Adequate contact information, including your postal address, telephone number, and email address.

A statement that you have a good faith belief that the use of the copyrighted material or other intellectual property is unauthorized by the owner, the owner’s agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or intellectual property rights owner.

Your physical or electronic signature.

Changes

Yolgi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes your acceptance of those changes. Yolgi may also, in the future, offer new services and/or features through the platform (including the release of new tools and resources). Such new features and/or services will be subject to these Terms of Service.

Termination

Termination by You:

You may stop using or deactivate your account from the platform at any time. By deleting your account, you will lose all the content uploaded by you on the platform. Yolgi is not responsible for any loss of data or other content from the platform after account deletion.

Termination or Suspension by Us:

We may suspend or terminate your access to all or part of the platform if: (a) you materially or repeatedly breach any of the terms and conditions in this Agreement; (b) we are required to do so to comply with a legal requirement or court order; or (c) we reasonably believe that your conduct creates liability or harm to any user, third party, ourselves, or our affiliates. We may also terminate your access or your account if we reasonably believe that providing the service to you is no longer commercially viable due to changes in services.

Effect of Suspension or Termination:

If your account is suspended or terminated, you will no longer be able to log in using the same account or access the content you previously uploaded. In cases where your account is terminated due to a breach of this Agreement, any subscription fees paid will be forfeited, and Yolgi may recover additional sums from you depending on the nature of the breach. If your content has been copied or shared by other users, it will remain visible on the platform even after termination. All other content will be automatically deleted.

Disclaimer

We are not medical professionals. We are not licensed to give any medical advice. Any information provided on the Platform is not intended to be taken as a replacement for medical advice and is meant for educational purposes only. If you have a condition that requires medical attention please consult a physician or a registered medical practitioner. All information on the Platform is for a single user personal/professional/business use and informational purposes only. Reliance on the content at the Platform or any other information provided by Yolgi or any of its employees, officers, contractors, agents or others providing Content on the Platform, verbally, via email, or in-person conversation is solely at your own risk. The Platform and the Content are provided on an “as is” basis.

Yolgi employees, its contractors, and its licensors, and their respective directors, officers, employees and agents cannot guarantee that the Content, e.g., remedies, are safe and proper for every individual. For that reason, information is made available without warranties or guarantees of any kind. Any liability, loss or damage in connection with Content, including but not limited to any liability, loss or damage resulting from the application of the Content, or the advice and information given here, is expressly disclaimed.

Please note that any remedies (such as yoga poses) mentioned on the Platform are alternative or complementary to healing arts services licensed by the state, and the remedies are not licensed by the state. Furthermore, there is no evidence that the recommended remedies help at all.

Classification of yoga poses into different levels such as beginner, intermediate, advanced, etc. is our own and in no way implies that you will also find the yoga pose at the same level. I.e., you may find a yoga pose classified as beginner level, very difficult. So approach all yoga poses with extreme caution. Please consult a physician before beginning any exercise program including yoga.

Yolgi provides translated versions of our Terms of Service as a convenience, though they are not meant to change the content of our terms of service. The English version is the official language we use to enforce our terms of service.

Disclaimer of Warranties

Yolgi or its suppliers, employees, directors, agents, or affiliates makes no warranty of any kind including but not limited to the following (i) the quality of the Service or Content or Material being offered through the Platform; (ii) the Services will meet your expectations in terms of the final outcome derived out of using the Service or the Platform; (iii) the Services will be continuous or uninterrupted or error free or secure; (iv) any errors in the software will be corrected; (v) any damage to the hardware/computer device or loss of data or infected virus which may be caused from the use of the Services on the Platform.

The Platform is provided “as is”. Yolgi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. You understand that any Content or Material or Service you download from, or otherwise obtain through the Platform shall be at your own discretion and risk. The use of the Service on the Platform is at your sole risk and responsibility.

The Material posted to the Platform may be deleted or modified permanently due to software, hardware, or operator error. You agree that the Material you post on the Platform is at your own discretion and risk, and Yolgi is not liable for any loss or damage to the Material and associated consequences to you or your business.

Limitation of Liability

In no event will Yolgi, or its suppliers or licensors, affiliates, agents, directors, employees, officers, contractors, partners, subsidiaries, parent or holding companies, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, exemplary or consequential damages; (ii) use or inability to use the Service or the Platform; (iii) damages on account of any use of Platform, for loss of profits, goodwill or any other tangible or intangible loss; (iv) the cost of procurement to substitute products or services; (v) for interruption of use or loss or corruption of data; or (vi) for any amounts that exceed the fees paid by you to Yolgi under this agreement during the twelve (12) month period prior to the cause of action; or (vii) any other issue or dispute relating to the Service or the Platform. Yolgi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Third Party Links

The Platform may contain links to third-party Websites and online services that are not owned or controlled by us. We have no control over, and assume no responsibility for, such Websites and online services. Be aware when you leave the Platform; we suggest you read the terms and privacy policy of each third-party Website and online service that you visit.

General Representation and Warranty

You represent and warrant that (i) your use of the Platform will be in strict accordance with the Yolgi Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, region, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Netherlands or the country in which you reside) and (ii) your use of the Platform will not infringe or misappropriate the intellectual property rights of any third party.

Feedback

As a service provider, we acknowledge and appreciate any kind of feedback given by our users. It helps us understand the concerns of our users and modify and introduce new features on the Platform to better service them. Any feedback, it may be in the form of suggestions, comments, ideas, reports, concepts, and know-how (collectively “feedback”) that you provide us shall be deemed to be non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the feedback, and you have no right to compel such use, display, reproduction, credit or distribution. We shall be free to use such information on an unrestricted basis.

Indemnification

You agree to indemnify and hold harmless Yolgi, its contractors, and its licensors, and their respective directors, officers, partners, employees and agents from and against any and all claims or expenses, or demands or damages, including attorneys’ fees, made by any third party against us, arising out of (i) your use or misuse of the Platform, including but not limited to your violation of this Agreement; (ii) content you submit, post, transmit or make available through the Platform, including without limitation, Material; (iii) your connection to the Service; (iv) your violation of any applicable law or the rights of another person or entity; (v) your willful misconduct, or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

Yolgi reserves the right, at our own 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. Yolgi’s right to be indemnified shall survive the expiry of termination of these Terms of Service.

Severability

If any provision of the Terms of Service is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms of Service but without invalidating any of the remaining provisions of the Terms of Service.

Miscellaneous

This Agreement constitutes the entire agreement between Yolgi and you concerning the subject matter hereof. It may only be modified by a written amendment signed by an authorized executive of Yolgi, or by Yolgi posting a revised version.

We control and operate the Services from our headquarters in the Netherlands, and not all of the Services may be appropriate or available for use in other locations. If you use our Services outside the European Union, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time. Not all products or services may be available in all countries or regions.

Except to the extent that applicable law provides otherwise, this Agreement, any access to or use of the Service or Platform will be governed by the laws of the Netherlands, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the same will be the courts located in the Netherlands. Except for claims for injunctive or equitable relief or claims to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of arbitration under the laws of the Netherlands.

The arbitration shall take place in the Netherlands, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

You agree to waive any right to proceed on a class basis in arbitration or otherwise. Under no circumstance shall you form or be part of any association and/or collectively sue Yolgi in any representative proceeding. Every claim shall be individually raised and addressed to us. In arbitration proceedings, no arbitrator shall consolidate more than two cases. Further, by using the Platform, you and Yolgi both agree to waive the right to a trial by jury or to participate in any class action, collective action, private attorney general action, or any other collective proceedings of any kind.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions; Yolgi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.