Terms of Use

[Last Revised – May, 2022]

Play Coyotta Ltd. together with its subsidiaries and affiliated companies (referred to herein as “BlazePod”, “we”, “our”, “us”, or “Company”) welcomes you as a:

• “Visitor” of our website  BlazePod.com; or BlazePod.eu  or; (the “Site”)
• “User” of our product – the BlazePod training pods (the “Device”), the BlazePod mobile application (the “App”), or any other service or offer we provide (collectively with the Site, the “Services”).

(Visitor and User collectively – “you”)

Acceptance of the Terms

By entering, connecting to, accessing or using  the Services, you acknowledge that you have read and understood these terms of use, including our Refund Policy available at www.blazepod.com/pages/refund-policy (“Refund Policy”), our Warranty terms available at www.blazepod.com/pages/warranty  (“Warranty”) and our Privacy Policy available at  www.blazepod.com/pages/privacy-policy (“Privacy Policy”) (collectively, the “Terms”), and you agree to be bound by them and to comply with all laws and regulations applicable to your use of the Services, you acknowledge that these Terms constitute a binding and enforceable legal contract between BlazePod and you.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICES IN ANY MANNER.

The use of the Services is void where prohibited. The Services were not designed neither created for the use of minors, so if you are under the age of eligibility in your country or under the age of 16, please avoid using any of it. By using the Services you represent and warrant that you have the right, power, and capacity to abide by these Terms. We reserve the right to demand from you to provide any additional information and documentation, as required to us subject to our sole discretion, for verifying its age and legal eligibility per our duties under the law.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Amendments

We may amend these Terms from time to time, at our sole discretion and without any notice. We will make a reasonable effort, at our sole discretion, to provide you with a notification regarding what we believe are material changes to these Terms. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

The Site and Services

Our Site provides information regarding our Company and our Services and allows you to submit your order for the Device or subscribe to the App.

We may provide through the Site or the Services comprehensive information regarding BlazePod and resources such as Q&A, and may include any other content related thereto such as Q&A, contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).

Subject to the Terms hereof, BlazePod hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use the Service and the Content provided therein in accordance with the Terms.

Note that, subject to applicable law, in the event that you provide us with your email address through the Services (for example, if you contact us in order to ask a question, place an order to purchase our Device or register and open an Account as this term defined below) we may use your email address for sending you operational messages as well as marketing messages and materials.

Registration and Account

In order to use the Service, you may be required to register and create an account (the “Account”). You hereby represent and warrant that you will provide accurate and complete information. In the event of untrue or inaccurate information we may suspend or terminate your Account. BlazePod may, in its sole discretion, refuse to offer access to or use of the Services to any user, and change its eligibility criteria at any time, without liability to such user or any third party.

During the registration process, you will be requested to provide certain personal data about yourself, such as full name, age, email address, etc. we will store, process and use such information pursuant to the Privacy Policy. Registration may also be done by using an existing social network account (e.g., Facebook), as further detailed in our Privacy Policy.

As part of the registering process, you will designate personal and exclusive username and password to access the Account. You are solely and fully responsible for maintaining the confidentiality of the password and username of your Account and for all activities that occur under the Account. Unauthorized access or use of the Account or Services must be immediately reported to us. You may not assign or transfer your rights or delegate your duties under Account, including your username and password, without the prior written consent of Blazepod. You are responsible for keeping your password secure.  You undertake to immediately notify us if you become aware of unauthorized use of your username and password.

You acknowledge that you are responsible for the creation and operation of your Account. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these Terms (including your failure to maintain the security of your Account and password) or from any unauthorized use of your password or Account. Blazepod may, in its sole discretion, refuse to offer access to or use of the Services to any user, and change its eligibility criteria at any time, without liability to such user or any third party.

If you wish to either change your username or password to log-in to the Service, please send us an e-mail of your request to: info@blazepod.co. 

Purchasing the Device

Each order you submit for the Device constitutes an offer to purchase the Device. Completed orders are subject to BlazePod’s acceptance and may be rejected at any time and for any reason at BlazePod’s discretion. If BlazePod rejects your offer, BlazePod will, as your sole and exclusive remedy and BlazePod’s sole and exclusive liability, refund the amount you paid as described in by the Warranty and Refund Policy. BlazePod will send you an email to the address provided by you once the Device is shipping to indicate whether your order has been accepted or rejected. If you have any questions, comments, or concerns regarding BlazePod’s order acceptance policy, or if you believe that your order was rejected in error, please contact BlazePod at info@blazepod.co. If you do not provide your shipping information within 30 days of BlazePod’s request, BlazePod may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. BlazePod will make reasonable efforts to contact you to provide a refund after that 30-day period. However, if BlazePod is not able to process your refund (for example, due to a cancelled credit card or closed PayPal account), then BlazePod will treat the amount that you paid as unclaimed property in accordance with applicable law.

The Device terms of Warranty are detailed in our Warranty available at www.blazepod.com/pages/warranty.

Premium Plans

General

Certain Services provided through the Site and App, may be provided free of charge. In addition, we may offer a variety of paid subscription plans, which include additional features (“Premium Plans”). Our Premium Plans may have differing terms, durations, and prices, including a trial period. The applicable terms for each Premium Plan will be disclosed to you prior to purchasing any of our Premium Plans. To learn more about our Premium Plans, please visit the Website.

We may change our Premium Plans, the services and features provided therein and their associated terms, including prices, at any time; however, once you have purchased a specific Premium Plan, any changes to your existing plan will apply no earlier than thirty (30) days following our notice to you, which may be provided via the email address you provided upon purchasing your Premium Plan or via the Product for which you purchased a Premium Plan, as applicable.

Further, our veteran Users (i.e., Users who have purchased the Device and/or a Device was connected to their App's account in the past before we have changed our billing plan) may be entitled to continue using certain features of the Services, free of charge, under our Legacy Plan ("Legacy Plan"). To learn more about our Legacy Plans or if you believe you deserve to become such a Legacy User, please contact us at: info@blazepod.co.

Purchasing a Premium Plan

If you choose to purchase a Premium Plan, your subscription fees and any other charges you may incur in connection with your use of our Service, such as taxes and/or transaction fees, as applicable, will be charged to you via the payment method you provided upon purchasing your Premium Plan. Depending on how you choose to purchase a Premium Plan (i.e., through the Site or the App), will be charged through a third-party and subject to such third-party’s terms and conditions applicable to payments, as further described in the table below. The length of your billing period will depend on the type of subscription that you chose upon purchasing your Premium Plan. If a payment for your Premium Plan is not successfully settled for any reason and you do not cancel your Premium Plan, we may suspend your access to your Premium Plan until your payment method has been successfully charged.

Auto-Renewals and Cancellation

In order to ensure that you do not experience any interruption or loss of Services, Premium Plans includes an automatic renewal option by default, and will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer provided for the first period). For example, if the original subscription period for a Premium Plan is one year, each of its renewal periods (where applicable) will be for one year. If and as required under applicable law, we will endeavor to provide you a notice prior to the renewal of such Service at least thirty (30) days in advance of the renewal date (excluding monthly subscriptions).

You may cancel your Premium Plan at any time by contacting our Support via Support@blazepod.com, or through your account options on the Site. Also, you can cancel your Premium Plan through the use of the designated feature in the App.

Premium plans purchased through the use of Android app store may be canceled through contacting our Support via Support@blazepod.com or visit Google Play’s Help Center at   https://support.google.com/googleplay/?hl=en#topic=3364260. Premium plans purchased through Apple’s iStore may be cancelled only through Apple’s as explained at https://support.apple.com/en-us/HT202039.

If you choose to cancel the Premium Plan, your access to your Premium Plan and any related features will continue through the end of your subscription period, as applicable, and expire thereafter and you will be downgraded to the free service. To the extent permitted by applicable law, and subject to 14 Days Refund Period, described below, any subscription fees paid for your purchase of a Premium Plan are non-refundable and we do not provide refunds for any partial subscriptions.

Free Trial

During the purchase process of the Premium Plan, you may be offered to receive a free trial of the Premium Plan (“Free Trial”). Such Free Trial terms and conditions shall be subject to Company’s sole discretion as provided during the purchase process, to the extent provided, and is intended as a way to allow users to try the Premium Plan. Please note that your account can only benefit from one Free Trial period, regardless of the number of Premium Plan you have purchased or subscribe.

When you choose to use a Free Trial, we'll require you to provide your payment details to start the Free Trial. By providing such details you agree that we may automatically begin charging you for the Premium Plan on the first day following the end of the Free Trial on a recurring periodic basis in accordance with the Premium Plan you have selected during the subscription process. In the even that you wish to purchase the Premium Plan again, you should subscribe again. In this case, the price of the Premium Plan will apply and you will not be entitled to an additional free trial benefit. 

Device and Premium Plans Refund

If you are unsatisfied with your Device purchase, please refer to our Refund Policy at www.blazepod.com/pages/refund-policy.  

You may change your mind and receive a full refund fourteen (14) days following your initial purchase of the Premium Plan, commencing on the day you subscribed for the relevant Premium Plan (the “Refund” and the"14 Days Refund Period"). Please note, that you can only get the Refund during the 14 Days Refund Period. If you cancel the Premium Plan after such period, you will not be entitled to receive the Refund. Further, you can only get one Refund. Once the Refund is issued to you, your Premium Plan shall be automatically terminated, and you will be downgraded to the Free Service.

In order to request a Refund you can send an email to the following email address info@blazepod.co.  Refunds are generally processed within five (5) to ten (10) days, and are made to the original form of payment used for purchase.

Online Payment Services

Payments to the Company (excluding in App purchasing) are processed via certain online payment methods and service providers, such as Paypal (“Online Payment Services”). We may add or change payment methods or such service providers at our sole discretion. The Online Payment Services enable you to send payments securely online using a credit card or debit card. We do not control and are not affiliated with the providers of such Online Payment Services, as each is an independent contractor, neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Services is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Online Payment Services’ providers in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Services in connection with our services.

 Use Restrictions  

The Services and the Content are provided for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) make any copies of, Sell, license,  modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Services or the Content or attempt to derive the source code or gain unauthorized access to the Services or the Content or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the Services; (b) reproduce the Services, the Content  or any part thereof including prepare derivative works, distribute, perform publicly, display publicly, transmit, stream, broadcast or otherwise exploit the Site, Services or the Content without our prior written approval (and except as permitted under applicable law); (c) commercially exploit the Services or the Content or any portion thereof; (d) assert any proprietary rights in or to the Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers; or (e) use our name, logo or trademarks without our prior written consent;  (f) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent; (g) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services ; (h) transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code that may damage or hijack the operation of any hardware, software, or telecommunications equipment related to the Services; (i) use the Services or the Content  for any purpose for which it is not intended and (j) use the Services or the Content in any fraudulent, unlawful, immoral or  unauthorized manner, or in any way that violates any provision of these Terms or infringe or violate any of the Terms.

Failure to comply with any of the provisions set forth above may result (at BlazePod’s sole discretion) in the termination or suspension of access to the Service (or any part or feature thereof) including any subscription) as well as immediate termination of these Terms, without derogating from any other remedy BlazePod is entitled to under this Terms or applicable law. However, BlazePod has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so in order to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Intellectual Property Rights

The Services, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto (including without limitation, any all intellectual property rights relating to the Device), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks (including “BlazePod”, “BlazePod™”, Play Coyotta, BlazePod’s), copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are and shall remail the exclusive property of the Company and its licensors.   All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

If BlazePod receives any feedback (e.g., questions, comments, suggestions etc.) regarding any of the Services (the “Feedback”), all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to BlazePod and to the extent required by applicable law then you hereby irrevocably transfer and assign to BlazePod all Intellectual Property Rights it has in such Feedback and waive any and all moral rights that you may have in respect thereto.

Linking to BlazePod’s Site

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by BlazePod, and does not portray BlazePod in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to BlazePod’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third-party rights. However, we do not permit framing or inline linking.

Third Parties Content, Ads and Sites:

Our Services may include links to third party advertisements, websites, services and products ("Third Party Digital Assets") which are subject to different terms policies. We have no control over Third Party Digital Assets and thus, if you voluntarily choose to interact or access to such Third- Party Digital Assets, you should review such terms and policies. BlazePod does not endorse or recommend the engagement with any Third-Party Digital Assets, nor any service or product offered by third parties on our Services. Your interaction or access to such Third- Party Digital Assets are at your sole risk and expense. BlazePod shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any interact or such Third- Party Digital Assets.

Changes to the Services

BlazePod reserves, at any time, the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services (or any part thereof, including but not limited to the Content or the features included in any subscription or Premium Plan) without notice, and without liability to you. BlazePod will provide you with an appropriate written notice prior to making any material changes that will significantly impact the use of the Services. In addition, you hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that BlazePod shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

 

Disclaimer of Warranties  

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND BLAZEPOD, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “BLAZEPOD’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

THE DEVICE, SITE, SERVICE AND THE CONTENT THEREIN ARE PROVIDED FOR PERSONAL USE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE SERVICE AND CONSULT WITH A MEDICAL PROFESSIONAL. THE DEVICE IS NOT FDA APPROVED.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SERVICE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT BLAZEPOD WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, SERVICE AND/OR THE CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). BLAZEPOD AND BLAZEPOD’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE OR SERVICE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN BLAZEPOD.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE, SERVICE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

BLAZEPOD DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SITE, OR ANY OF THE SERVICES, AND/OR ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE ON THE USE OF THE SITE OR ANY OF THE SERVICES. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL BLAZEPOD, INCLUDING BLAZEPOD’S REPRESENTATIVES BE LIABLE FOR ANY LOS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE AND/OR THE CONTENT YOUR USE OR INABILITY TO USE OF THE SITE, SERVICE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF BLAZEPOD TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF BLAZEPOD OR BLAZEPOD’S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER BLAZEPOD (OR BLAZEPOD’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, BLAZEPOD’S AND BLAZEPOD’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO BLAZEPOD FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM BLAZEPOD’S REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Indemnification

To the maximum extent legally permissible, You agree to defend, indemnify and hold harmless BlazePod and BlazePod Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site, Service and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

Term and Termination

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith BlazePod may immediately temporarily or permanently limit, suspend or terminate your Account. In addition, BlazePod may temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by exiting our Site and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, and (ii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, BlazePod may at any times, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that BlazePod does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. BlazePod reserves the right to revoke your access and use of the Site, Services and Content at any time, with or without cause.

You may cancel your Account at any time by sending an email to info@blazepod.co. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy). Cancelling your account may cause the loss of certain information you provided us and/or the capacity of your account.

We are not liable to you or any third party for any termination of the Services or termination of your use of the Services or cancelation and deletion of your Account. The provisions of these Terms, which by their nature should survive any such action on our part, shall survive.

General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein, including the Site, Service and Content, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company regarding the Site, Service and Content, (b) any claim relating to the Site, Service or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site, Service or Content contained therein will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, BlazePod may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) The failure of BlazePod to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BlazePod. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. (f) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) to the extent permitted by applicable law YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE, SERVICE AND/OR THE DEVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED,(h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by BlazePod, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.

Contacting BlazePod

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable time frame: info@blazepod.co