General terms and conditions of use

These General Terms and Conditions of Use (“Terms”) were last updated on August 24, 2021.

“Institute for Yoga and Integral Fascial Yoga – Daniela Meinl (“IFYO”)” has set itself the goal of making the techniques of Integral Fascial Yoga available to everyone around the world. This is to be achieved through courses and live events, lectures, webinars, workshops, coaching and training and further education for specialist staff both online and “in person”.

 

The creation of this online platform makes it possible for anyone interested to register for my offers and learn from me online. In order to make the use of the platform safe for both users and me, it is important to adhere to a few rules on both sides – both as a student and in our teacher network.

 

n this context, please also note our data protection declaration regarding the collection and storage of your personal data when using this platform.

These general terms and conditions of use apply to all your activities on the IFYO website, in the mobile apps, TV apps, the APIs (application programming interfaces) and other associated services (“Services”).

If you want to publish a course on this website as a member of my teacher network, you also have to agree to the terms and conditions for teachers. You will receive this directly from me on request if we agree that you publish a course on this website.

Table of content

1. Account
2. Course enrollment and lifetime access
3. Payments, Credits, and Refunds
4. Content and rules of conduct
5. IFYO’s rights to the content published by you
6. Use of IFYO at your own risk
7. IFYO’s Rights
8. Other legal conditions
9. Dispute Resolution
10. Update of these terms
11. Contacting me

1. Account

You will need an account for most of the activities on the platform. You should keep your password in a safe place because you are responsible for all activities related to your account. If you suspect that a third party is using your account, you should inform me by contacting me by email. You must be of legal age to use IFYO’s online services.
For most of the activities on the platform, such as to purchase and enroll in a course or to submit a course for publication, you need an account. When setting up and managing your account, you are obliged to provide or continuously provide correct and complete data, including a valid email address. You are solely responsible for your account and all transactions on your account, including any damage (to me or a third party) that arises from the unauthorized use of your account by a third party – i.e. without your consent. As a result, you have to be careful with your password. You may not transfer your account to a third party or use a third party’s account without their consent. If you ask me to access an account, you will only be granted access if you can give me the login data for this account. If a user dies, that user’s account will be closed.

If you provide the login details for your account to a third party, you are responsible for all transactions on your account. IFYO does not interfere in disputes between participants or lecturers who have exchanged login details for their account with third parties. Immediately after it becomes known that a third party may use your account without your consent (or if another security breach is suspected) you are obliged to inform me immediately by contacting me by email. I may ask you to provide some personal information to check whether you are actually the account holder.

To set up an account and to use the services, participants and lecturers must be at least 18 years old. If you are younger, i.e. not yet of legal age, you are not allowed to set up an account. However, you can ask a parent or guardian to open an account and help you enroll in courses that are right for you. If we discover that you have set up an account and are not of the age of consent to use the online services, we will close your account. According to our terms and conditions for lecturers, you may be asked to prove your identity before submitting a course for publication.

You can cancel or delete your account at any time by sending me an email to namaste@fascial-yoga.com. Please read the privacy policy to find out what happens if you cancel or delete your account.

2. Course enrollement and lifetime access

When you enroll in a course, you will receive a license from me to view the course through the services and for no other purpose. Under no circumstances are you permitted to transfer or resell courses. I will grant you a license for lifelong access, unless I have to deactivate the course for personal, technical, legal or political reasons.
When other instructors publish a course, they grant IFYO a license in accordance with the Instructor Terms and Conditions to offer participants a license for that course. Accordingly, I have the right to sublicense the course to participants who enroll in the course. If you register as a participant in a free or paid course, you will receive a license from IFYO to view the course via the platform and services. In this case, IFYO is the licensor. Courses are licensed to you, not sold. Because of this license, you do not have the right to resell the course in any way (not even by exchanging your account information with a buyer or by illegally downloading and publishing the course on torrent websites).

In legal terms, IFYO grants you (as a participant) a limited, simple, non-transferable license to access and display the courses and related content, for which you have paid all necessary fees, for personal, non-commercial educational purposes via the services in accordance with these Terms of Use and any existing conditions or restrictions associated with certain courses or functions of my services. Any other use is expressly prohibited. Without my express consent in a written agreement signed by an authorized representative of IFYO, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, change, adapt, edit or create works derived therefrom , sublicensed or otherwise transferred or used. This also applies to content that you can access via one of my APIs.

In most cases, I grant my participants a lifetime access license when they enroll in a course. However, I reserve the right to revoke a license to access and use courses at any time if, for personal, technical, legal or political reasons, I decide or am obliged to deactivate access to a course, for example if the course, in which you have signed up, is the subject of a copyright lawsuit, or if I discover that its content violates the Trust & Safety guidelines. Lifetime access does not apply to additional functions and services in connection with a course. For example, the translated course subtitles can be deactivated by lecturers at any time. A lecturer can decide at any time not to offer any teaching aids or question / answer services in connection with a course. To clarify, it should be noted that lifelong access only applies to the course content, not to the lecturer.

Lecturers are not allowed to license their course participants directly. Directly issued licenses are null and void and constitute a violation of these terms.

 

3. Payments, Credits and Refunds

When you make a payment, you agree to a valid payment method. For most course purchases, I offer a refund or credit of the course fees you have paid within 3 days if you are not satisfied with a course.

3.1 Pricing

The prices for the courses offered are determined in accordance with the Instructor Terms and Conditions and the Guidelines for Pricing and Promotions. In some cases, the price of a course offered on the IFYO website may not match the price offered in mobile or TV apps, which has a bearing on the pricing systems of the providers of the mobile platforms and their guidelines for the implementation of sales and Due to promotions.

I run regular promotions and sales for the courses. Some courses are only offered at reduced prices for a certain period of time. The price valid for a course corresponds to the price at the time of purchase (when paying). The price of a particular course offered to you when you log in to your account may differ from the price available to unregistered or logged in users because some of the promotions are only available to new users.

If you are logged into your account, the currency listed there is based on the location when you set up your account. If you are not logged into your account, the price currency will be based on the country you are in.

If you, as a participant, are based in a country in which use and sales tax, goods and services tax or value added tax is payable on the sale of consumer goods, we are obliged to collect and transfer this tax to the relevant tax authorities. In certain countries, these taxes may be included in the price shown to you.

3.2 Payments

You agree to pay the fees for the courses you have purchased and authorize the chosen payment service provider to charge your debit or credit card with these fees or to use another payment method (such as SEPA, direct debit or similar) for payment processing. IFYO cooperates with external partners for payment processing in order to offer you the most convenient payment methods in your country and to protect your payment data. You can find more details in the privacy policy.

When you make a purchase, you agree not to use any invalid or prohibited payment methods. If your payment method fails and you can still access the course you are enrolling in, you agree to pay the relevant course fees within thirty (30) days of receiving notification. I reserve the right to disable access to a course for which I have not received adequate payment.

In some cases, I may issue credits to your account. These credits will then automatically apply to your next course purchase on my website, but cannot be used for purchases via the mobile or TV apps. Credits can expire if they are not used within the specified period and have no cash value.

 

3.3 Refunds and Credits

If the course you bought did not meet your expectations, you can ask IFYO to credit / reimburse the course fees to your account within 3 days of purchasing the course. Depending on the options of our partners for payment processing or the platform on which you purchased your course (website, mobile app or TV app), we reserve the right to credit or refund the course fees at our own discretion . After the 3-day money-back guarantee has expired, you are no longer entitled to a credit or a refund.

 

To request a credit / refund, please send me an email to namaste@fascial-yoga.com. As explained in the Instructor Terms and Conditions, Instructors agree that Participants have the right to receive such credits or refunds.

If we believe that you are abusing our credit / refund policy, we reserve the right, at our sole discretion, to block your account and restrict future use of the services. If we suspend your account or disable your access to a course for violating these terms or the Trust & Safety guidelines, you will not be entitled to any credit or refund.

 

4. Content and Rules of Conduct

You may only use this platform for lawful purposes. You are responsible for all content that you publish on the platform. You should make sure that the ratings, comments, feedback, questions, posts, courses and other content you upload adhere to the Trust & Safety guidelines, legal regulations and intellectual property rights of third parties. In the event of multiple or gross violations, we can block your account. If you are of the opinion that a third party is violating your copyrights on the platform, you should inform me about this by email.
You are not permitted to use the Services for unlawful purposes or to set up an account for unlawful purposes. When using the services and your behavior on the platform, the applicable local or national legal provisions or regulations in our country must be complied with. You are solely responsible for knowing and complying with the statutory provisions and regulations that apply to you.

As a participant, the services give you the opportunity to ask questions to the lecturers of courses in which you are enrolled and to publish reviews of courses. For certain courses, the lecturer will ask you to send in content as “homework” or as a test. In this context, you may only publish or send in your own content.

As a lecturer, you can submit courses for publication on the platform and also communicate with the participants who have enrolled in your courses. In both cases, you must comply with the law and the rights of third parties: You may not post any courses, questions, answers, reviews or other content that violates local or national laws or regulations in your country. You are solely responsible for all courses and content published by you on the platform and your actions taken via the platform and services and their consequences. Before submitting a course for publication on the platform, you should understand all of the copyright restrictions set out in the Instructor Terms and Conditions. If you are interested, contact me at namaste@fascial-yoga.com.

If we become aware that your courses or content violates the law or the rights of third parties (for example, if they are proven to violate the intellectual property rights or moral rights of third parties or are otherwise unlawful), if we discover that your content or conduct is contrary to Trust & Safety guidelines violate, or if your content or behavior is in our opinion illegal, inappropriate, offensive or inadmissible (for example, if you pretend to be a third party), I will remove your content from the platform.

Enforcement of these terms and the Trust & Safety guidelines is at the discretion of IFYO. I can permanently or temporarily withdraw the authorization granted to you to use the platform and services at any time or block your account at any time if you violate these conditions, if you do not pay fees when due, by order of a law enforcement or state authority, for longer Inactivity, in the event of unexpected technical malfunctions or problems, or if we suspect that you are involved in fraudulent or illegal activities. Then I am allowed to delete your account and your content and to prevent you from further access to the platforms and from further use of the services. Even if your account is permanently or temporarily blocked or canceled, your content may still be available on the platforms. You agree that we are not liable to you or third parties for the termination of your account, removal of your content or blocking of your access to the platform and the services.

If one of our lecturers has published a course that violates your copyrights or trademarks, please let me know by email at namaste@fascial-yoga.com. According to the terms and conditions for lecturers, our lecturers are obliged to comply with statutory provisions and the intellectual property rights of third parties.

 

5. FYO’s rights to the content published by you

You remain the owner of the content you publish on our platform, including your courses. IFYO may share your content with third parties using any media, including advertising on other websites.
The ownership rights to the content (including courses) published by you as a participant or lecturer remain with you. By publishing courses and other content, you allow IFYO to continue to use and share them, but you do not lose any ownership rights that you may have Your content. If you are a lecturer, you should definitely know the license terms for courses, which are explained in detail in the terms and conditions for lecturers.

If you publish comments, questions and ratings and if you submit ideas and suggestions for new functions or improvements, you allow IFYO to use this content, to share it with third parties, to distribute it, to advertise it on platforms and in the media, and from my point of view make appropriate changes or edits to them. By submitting or publishing content on the platforms or via the platforms – in legal terms – you grant us a worldwide, simple, royalty-free license (with the right to grant sublicenses) for use, reproduction, processing, adaptation, modification, publication, Transmission, display and distribution of your content in all media or according to all distribution methods (which already exist today or will be developed in the future). This includes making your content available to other companies, organizations or persons who cooperate with IFYO for the dissemination, broadcasting, distribution or publication of content in other media. You declare and warrant that you have all rights and the necessary authority and power to allow us to use the content you have submitted. You agree to this use of your content without receiving any compensation.

 

6. Use of IFYO at your own risk

We give lecturers and participants the opportunity for dialogue through teaching and learning. As with other platforms where people can post content and interact, errors can occur. Therefore, you use the services at your own risk.
Due to the platform model, the courses of other lecturers are not checked or edited for legal problems; I am unable to determine whether the course content is legal. I also have no editorial control over the courses available on the platform and therefore do not guarantee the reliability, validity, correctness or truth of the course content. When you enroll in a course, you rely on the information provided by the lecturer at your own risk.

By using the services, you may be exposed to content that you consider to be offensive, indecent or immoral. IFYO is under no obligation to keep such content away from you and is not liable for your access to courses or your enrollment in courses to the extent permitted by applicable law. This also applies to courses in the areas of health, wellness and fitness. You recognize the typical risks and dangers of such courses. By enrolling in such courses, you voluntarily assume the associated risks, including health, injury, disability, or death risks. You alone are fully responsible for your decisions before, during and after enrolling in a course.

When communicating directly with a participant or lecturer, you should be careful about what kind of personal data you share. I have no control over how participants and lecturers deal with the information they receive from other users of the platform. For your own safety, you should not disclose your email address or other personal data.

I do not hire lecturers and am not responsible or liable for interactions between lecturers and participants. I am not liable for any legal disputes, claims, losses, injuries or damages of any kind that may arise through or in connection with the conduct of lecturers or participants.

When you use the services you will find links to other websites that are not in my possession or control. I am not liable for the content or other aspects of these third-party websites, not even for their collection of your personal data. You should also carefully read the terms of use and privacy policy of these websites.

 

7. IFYO´s Rights

IFYO is the owner of this platform and services. This includes the website, apps and services available now or in the future, as well as objects such as the logos, API and code as well as any content created by my employees. You are not allowed to manipulate or use them without authorization.
All rights, property rights and rights to this platform and the services, including the website, the applications available now or in the future, the APIs, databases and any content submitted or provided by my employees or partners via the services (however only the content provided by lecturers and participants) are and remain the sole property of IFYO and its licensors. The platforms and services are protected by copyrights, trademarks and other rights in Germany, Europe and other countries. Under no circumstances do you have the right to use the name IFYO or trademarks, logos, domain names and other distinctive brand features of IFYO, unless you have been explicitly authorized by me as a certified IFYO teacher. Any feedback, comments, or suggestions that you may give about IFYO or the Services are entirely voluntary. I am free to use this feedback, comment or suggestion on occasion and without obligation to you.

When you access or use the  platform and services, the following actions are prohibited:

You are prohibited from accessing, manipulating or using non-public areas of the platform, computer systems from IFYO or technical transmission systems from IFYO service providers.
You are prohibited from deactivating, disrupting or attempting to bypass security-relevant functions of the platforms; You are prohibited from checking, scanning or testing security gaps in our systems.
You are prohibited from copying, modifying, creating derivative works from, reverse engineering, disassembling or otherwise attempting to decipher source codes or content on this platform or in the services.
You are prohibited from accessing or browsing the platform in any way (automated or otherwise) but only via the search functions currently available on the website, in the mobile apps or in the API (and only in accordance with the terms of use of the API) or attempt to do so. You are prohibited from using scraping, spider or robot software or other automated processes to access the services.
You are prohibited from using the Services in any way to send changed, misleading or obscuring information (such as sending e-mail messages that appear to come from IFYO) or the user, host or to disrupt network access, such as among others by sending viruses, overloading, flooding, sending spam or mass emails (mail bombing) to the platforms or services or otherwise disrupting or overloading the services.

8. Other legal conditions

These conditions are comparable to any other contract and contain “boring” but important legal conditions, which are intended to protect us from the countless potential dangers and to clarify the legal relationship between you and IFYO.

8.1 Legally binding agreement

You agree that by registering with, accessing or using the services you are entering into a legally binding contract with IFYO. If you do not agree to these terms and conditions, you may not register for the services, call them up or use them in any other way.

If you agree to these conditions as a lecturer and use the services on behalf of a company, organization, authority or other legal person, you guarantee that you are authorized to do so.

These terms and conditions (including any agreements and guidelines referenced by a link in these terms and conditions) constitute the entire agreement between you and IFYO (including, if you are a lecturer, the instructor terms and conditions and the guidelines for prices and promotions).

If any provision of these Terms is found to be invalid or unenforceable under applicable law, then that provision must be replaced with a valid, enforceable provision that most closely approximates the purpose of the original provision. The remaining provisions of these conditions remain unaffected.

Even if IFYO delays its rights or does not exercise a right in individual cases, this does not mean that IFYO waives the exercise or subsequent enforcement of the rights to which we are entitled under these conditions. If IFYO waives the rights in a particular case, this does not mean that IFYO will waive these rights in general or in the future.

The provisions in the following sections remain valid even after these terms and conditions have expired or canceled: Sections 2 (course enrollment and lifelong access), 5 (IFYO’s rights to the content you publish), 6 (use of IFYO at your own risk), 7 (IFYO Rights), 8 (Other Legal Terms) and 9 (Dispute Resolution).

8.2 Disclaimer of Warranties

It can happen that the platform is out of order due to planned maintenance work or malfunctions. It can happen that one of our lecturers makes misleading statements in his course. It can also happen that IFYO have security issues. These are just examples. You agree that you will not take recourse against us in such cases. In legal terms, the services and their content are provided “as is” and “as available”. IFYO (and affiliated companies, suppliers, partners and authorized agents) do not make any assurances with regard to the suitability, reliability, availability, timeliness, security, freedom from errors or correctness of the services or their content and expressly reject any guarantee or assurance (whether express or tacit) including the tacit assurance of marketability, suitability for a specific purpose and non-infringement of third party rights. IFYO (and affiliated companies, suppliers, partners and agents) do not guarantee that you will achieve certain results by using the services. Your use of the services (including the content) is entirely at your own risk. Because some countries do not allow the exclusion of implied warranties, some of the above disclaimers may not apply to you.

IFYO can decide at any time and for any reason to discontinue the provision of certain functions of the services. Under no circumstances will IFYO or its affiliated companies, suppliers, partners or agents be liable for damage caused by malfunctions or lack of availability of these functions.

IFYO is not liable for late or failure to provide services due to circumstances for which IFYO is not responsible, such as acts of war or hostility, acts of sabotage, natural disasters, power, Internet or telecommunications outages or government or official restrictions.

 

8.3 Limitation of Liability

Using the services may involve risks, for example if you enroll in a health or wellness course such as yoga and injure yourself. You accept these risks and agree that you will not take any recourse against IFYO and claim damages, even if you suffer loss or damage through the use of the platform and services. In legal terms and to the extent permitted by law, IFYO (and affiliated companies, suppliers, partners and agents) is not liable for indirect, incidental, punitive or consequential damages (including loss of data, lost sales, profits or business opportunities, personal injury, with or without fatal consequences), regardless of whether these arise from contractual, warranty, tort or product liability or otherwise, even if IFYO was informed in advance of the possibility of this damage. In all circumstances, the liability of IFYO (and the liability of affiliated companies, suppliers, partners and agents) to you or third parties is limited to a maximum of one hundred euros (EUR 100) or the amount that you have paid in the twelve (12) months prior to the occurrence of the The event on which the assertion of your claims is based, paid to IFYO. Because some countries do not allow the exclusion or limitation of liability for incidental or consequential damages, some of the above may not apply to you.

 

8.4 Exemption

If IFYO gets into legal difficulties due to your behavior, IFYO can take recourse against you. You agree to indemnify and hold harmless IFYO, affiliated companies and their executives and managing directors, suppliers, partners and authorized agents (upon request) from all third-party claims, claims, losses, damages or costs (including legal fees in a reasonable amount) that arise from (a) the content you post or submit, (b) your use of the Services, (c) your violation of these Terms, or (d) your violation of the rights of any third party. Your indemnification obligation remains in effect even after the termination of these terms and conditions and the cessation of your use of the services.

8.5 Applicable law and place of jurisdiction

The present conditions are subject to the law of the Federal Republic of Germany.

8.6 Lawsuits and notifications

By or in connection with this Agreement, neither party may bring a claim of any kind more than one (1) year after the cause of action arose.

All notifications required under these terms and conditions must be in writing and must be sent by registered mail with acknowledgment of receipt or by e-mail (from us to the e-mail address given in your account or from you to namaste@fascial-yoga.com).

8.7 Relationship between us

You and IFYO agree that there is no joint venture, partnership, employment, client / contractor or agency relationship between us.

8.8 Prohibition of assignment

You are prohibited from assigning or transferring these terms and conditions (or the rights and licenses granted under them). For example, if you have registered an account as an employee of a company, your account may not be transferred to other employees. IFYO may assign these conditions (or the rights and licenses granted under them) to another company or person without restriction. No provision in these terms and conditions transfers any rights, advantages or legal remedies to any third party – a natural or legal person. You agree that your account is non-transferable and that all rights to your account and other rights under these terms and conditions will expire after your death.

 

9. Dispute Resolution

In the event of legal disputes, please always contact me personally first – most annoyances and misunderstandings can be settled amicably. If that doesn’t work and if you live in the EU, the European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. We are not obliged, but ready to take part in dispute settlement proceedings before a consumer arbitration board.

 

10. Update of these terms

IFYO may update these terms from time to time in order to explain the procedures or to explain new or changed procedures (such as the introduction of new functions). IFYO reserves the right to change these terms and conditions at any time in its sole discretion. If IFYO makes material changes to these Terms, IFYO will notify you through appropriate measures such as sending an email message to the email address specified in your account or by posting a notice on the Services. Changes take effect on the date of their publication, unless otherwise stated.

By continuing to use the services after the changes take effect, you agree to the changes in question. All changed conditions supersede all previous conditions.

 

11. Contacting me

The best thing to do is to contact me directly by email at namaste@fascial-yoga.com if you have any questions or concerns. I look forward to exchanging ideas with you!