Welcome to YogaNexus LLC (“We”, “Us” “Yoga Nexus” or “YogNexus.com”). These terms and conditions are designed to help you understand your responsibilities as either a Teacher or a Student — and for you to understand that you are entering into an agreement with YogaNexus.com, which is designed to protect YogaNexus.com and outline the relationship among Teachers, Students and YogaNexus.com
THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion of the registration process you affirmatively agree to be bound by these Terms and Conditions (“Terms”), but you also are deemed to have accepted them (and any changes that have been published on this page) by accessing or using the Site (the “Service”). It is your responsibility to check this page from time to time to review any changes to these Terms. If you are not prepared to agree to all these Terms (including changes published on this page, then you must cease accessing the Service and must delete any materials that you have downloaded or copied from the Site or through the Service.
Outline of Terms. These Terms are divided into separate sections to make them easier to read, but every section applies to every user, regardless of what the heading says.
- Description of Service
The Service includes 1) a platform for the purchase and use of digital content, which allows end-users to a) purchase and sell live classes and stream video content over the Internet for personal use (2) YogaNexus.com teacher profiles and class schedules, and (3) YogaNexus.com reporting marketing and administrative tools (for teachers). YogaNexus.com will collect payments charged by Teachers and will disburse funds in accordance with the terms agreed withTeachers.
- YogaNexus.com Accounts
Yoga Nexus allows Teachers to schedule, post and stream Classes at a scheduled time, as well as create “preview” videos for live classes. Teachers can interact with Students during Classes when they are streaming. Yoga Nexus also works with Stripe, which, when purchased, allow a Student to attend the number of paid Classes for a single OR any given Teacher. Teachers obtain 100% of the class fees; funds are distributed on the 5th and 20th of to teachers from Yoga Nexus via PayPal.
If you want to become an Teachers and create Classes, simply create an account with us by emailing [email protected] or by clicking “Are you a Teacher” on the Yoga Nexus website (and accept the Terms). Once your account is created, Students can access and attend your Classes, you have the ability to market and accept payment from Students, and you have the ability to share your expertise with the world. If you want to take a class as an Student, simply register to create an account on the website. As an teacher you also have the ability to sign up for other teachers’ class. Yoga Nexus is developing an automatic payment processor that distributes funds. In the meantime teachers will be payed on the 5th and 20th of every month from Yoga Nexus via PayPal. When you create your Account, please provide accurate information and promptly update your details and any other information you provide to us to keep it current and complete. Teacher profiles on YogaNexus.com are available both to logged-in users and people who are not logged in to YogaNexus.com. Teachers have the capability of editing their profile, which includes a bio, photos, and a preview video.
You are responsible (to us and to others) for the activity that occurs under your Account. It is important that you keep your Account password confidential. If you know or suspect that any third party knows your password or has accessed your Account, promptly notify us at [email protected]
As a Teacher, you can either be paid by a Student for an individual Class or Class Package when booked by the Student and sold through you, OR booked by the Student and sold through Yoga Nexus.
Payments to Teachers will be made available on the 5th and 20th of every month through PayPal.
If an Teacher account is deactivated by Yoga Nexus (this is rare), that teacher’s classes will be canceled and Students will be given prorated refunds for the current period’s fees.
Yoga Nexus handles issues such as fraud, chargebacks and resolution of payment disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds that are out of our control. We may also block or hold payments for violations of our policies or for compliance reasons. When payments are delayed or blocked, we try our best to communicate the reason to you promptly. If you have questions about a blocked payment, please contact us at [email protected]. Sometimes activities like refunds or chargebacks can put your account balance into the negative. If this happens, we may recover those funds from future payments.
- As an teacher, for $17 per month, you will have the ability to schedule classes, accept payment from students, and use the YogaNexus proprietary two-way lives stream studio/video platform.
- Payment processing fee: For the initial purchase on the Yoga Nexus Website there is a 2.9% plus $0.30 per transaction (in U.S. Dollars). Please note that our payment processor, Stripe, may charge an additional 1-2% in payment processing fees for non-US Students of your Classes. For pay out on the 5th and 20th through PayPal, there is an additional 2.9% + $.30. Please note that PayPal may charge additional payment processing fees for non-US Teachers.
Platform fees and payment processing fees are automatically deducted from the Teacher’s Platform income.
YogaNexus does not control these charges.
In connection with your use of the Platform, you will not assist or enable others to actively promote or request payment for a Class in a way that circumvents the Platform’s Class Fees. If you do so, you acknowledge and agree that you would be in breach of these Terms, accept all risk and responsibility for such payment, and hold Yoga Nexus harmless from any liability for such payment.
If an Teacher cancels a Class before it starts or ends a Class before its reasonable completion time, the amount already paid will be reversed from the Teacher’s account. If a User would like to request a refund, they can contact [email protected] Yoga Nexus reserves the right to approve or deny User refund requests at its sole discretion, as well as the right to terminate an Teacher account for excessive cancellations of classes. However, we unfortunately cannot be responsible or liable for your loss of internet access or connection.
If a Teacher does not show up for a Class within 5 minutes of the scheduled start time, it is treated as a cancellation of a Class and the Teacherwill not receive funds for that class. Students reserve the right to ask for a complete refund by e mailing [email protected] Teachers must start a Class by clicking “Start Class” ideally 5-10 minutes before the class starts.
Editing the Start Time of a Class
An Teacher can edit the date/time of a class or cancel the class until 24 hours before the start of the Class. If the class is canceled, Students reserve the right to ask for a refund by emailing [email protected]
YogaNexus is not responsible for any taxes you may incur by using the Platform other than as expressly stated. Teachers are responsible for reporting, filing and paying their own taxes for income derived from the Platform. We do not withhold any taxes from your funds earned on Yoga Nexus, nor do we give advice on filing taxes.
We don’t allow any Classes or content that violate the Terms. If Yoga Nexus cancels an Teacher’s Class for violation of the Terms, Students will be given a refund amount for the Class, and the Teacher will not be refunded their Class Fees.
In addition to the Usage Restrictions/Community Guidelines above, there are limits to what is allowed in the Classes:
- You cannot organize or promote a raffle through the Platform;
- You cannot promote or sell anything relating to consumables, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform;
- You cannot offer any financial advice, medical advice, or any other licensed advice;
- We do not allow nudity on the Platform or in any Classes;
- Classes that include anything illegal (child abuse, human or animal abuse etc.) are not allowed.
This list is not exhaustive and might change in the future as technologies evolve. If you have doubts about aspects of your Class, please contact us.
We proactively look at some Classes, Class descriptions and profile pages on YogaNexus to make sure Teachers follow our Terms. We also investigate reports of potential violations. These investigations may take a while to resolve. In most situations, we will work with Teachers to resolve any potential violations and allow the Teacherto continue to use Yoga Nexus. Terminating an Teacher account is not an action we take lightly. However, we reserve the right to do so at our sole discretion.
Your Account cannot be sold or transferred for use by another Teacher.
You do not need to create an Account on Yoga Nexus to browse our Classes, but if you want to view, access or sign up for a particular Class, simply register for an Account (and accept the Terms), and get started!
Information on Classes
When you sign up for a Class as an Student, your name, email address and Yoga Nexus profile information are shared with that Teacher.
Up to 16 “Interactive” Students can have audio and video enabled (and are viewable to each other).
- Interactive (Audio and video enabled): You can interact with bothTeachers and other Interactive Students through chat or audio, and your video can be seen by all Students and Teachers if you desire. Interactive Students control who can view their video: only themselves, only the Teacher, or everyone in the Class.
- View-Only: Your video and audio will not be shared with the Teachernor other Students.
- When entering the class, all users are muted. Simply unmute yourself and the teacher if you’d like to speak.
Payments and Subscriptions
Students are responsible for paying the published Teacher Class Fees in order to attend any paid Classes, as well as any applicable taxes. Class Fees must be paid through the Platform via the Platform’s Payment Processing Service.
Classes sold through Yoga Nexus allow you to attend all of the Classes of your favorite Teacher for the rate advertised on Yoga Nexus.
In the scenario of a no-show, the amount paid by that Student will be forfeited to the Teacher whose Class the Student was supposed to attend. There will be no refunds in these situations.
Credits & Refunds
If you are unsatisfied with a given Class and let us know about it, Yoga Nexus will investigate in a timely manner. If the complaint is deemed warranted, you may receive a refund. To request a refund, please contact email@example.com. Yoga Nexus reserves the right to approve or deny User refund requests at its sole discretion. If an Student violates these Terms and is removed from a Class before it ends, they will not receive a refund for the unfinished Class. These situations will be handled on a case by case basis. We unfortunately cannot be responsible or liable for your loss of internet access or connection and will not give Yoga Nexus Credits or refunds in these cases.
Taxes and Fees
Depending on your location, you may be subject to relevant taxes in your jurisdiction on top of your total Class charge. Some banks may also charge you an additional transaction fee for your Class charge. Yoga Nexus does not control these charges. Please contact your bank for more information.
Other Information on Accounts and Classes
Once you sign up for an Account with an email address, Yoga Nexus will send you emails regarding confirmation of your Classes, confirmation of your Account, or other emails that are transactional in nature.
If you want your Account deleted, please contact us at [email protected] and we will guide you through the process. Once your Account is deleted, you can’t retrieve any of the Content you added, and your Yoga Nexus profile will be removed from the Platform.
By creating an account with Yoga Nexus, or using our Platform, you are not creating an agency, partnership, joint venture, employment, contractor or franchisee relationship with us. You can’t represent yourself as working for Yoga Nexus and we do not owe you health insurance, pension contributions, etc. You also agree that you are not covered under California Assembly Bill No. 5, CHAPTER 296, Act to amend Section 3351 of, and to add Section 2750.3 to, the Labor Code, and to amend Sections 606.5 and 621 of the Unemployment Insurance Code. Also, By registering for a Class through Yoga Nexus no confidential, fiduciary, contractually implied, or other relationship is created with us other than the one created by these Terms.
We reserve the right to adjust Yoga Nexus Fees and transaction fees at any time. If we ever need to change Yoga Nexus Fees or transaction fees, we will let you know in an email or on the Yoga Nexus website.
If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you must be an authorized representative of the business or entity, (c) you agree to these T&Cs on the entity’s behalf, (d) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your Account by others affiliated with your entity, and (e) you and your entity are not on any trade or economic sanctions lists, such as designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).
Descriptions of Classes are provided by the Teacher(s). We don’t make any representations about the accuracy of the descriptions and make no warranties whatsoever with regards to the content on the Platform. The Teacher is solely responsible for the Classes and content being provided as well as the quality of those items. However, from time to time, Yoga Nexus may monitor a Class (audio and video of all participants) for quality control purposes. By consenting to these Terms, you consent to this monitoring.
Content – Grant of Licenses – Yoga Nexus Content
All Platform creations, the “look and feel” of the Platform, and all related intellectual property rights (the “Yoga Nexus Content”), are either owned or licensed by Yoga Nexus and are protected by copyright, trademark and trade secret laws. Use of Yoga Nexus Content or materials on the Platform for any purpose not expressly permitted by these T&Cs is prohibited. We grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to use the Yoga Nexus logo and other copyrights and trademarks to promote your Classes. Yoga Nexus Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever unless we give you written permission (such as for Teachers below).
You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk.
We make no representations, warranties or guarantees, whether express or implied, that any Yoga Nexus Content (or User Content) is accurate, complete or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content posted by you and other Users on the Platform (including User Content).
Users of the Platform may be permitted to upload, post or transmit or otherwise make available content through the Platform including, without limitation, any text, photographs, User videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise.
You or the owner of your User Content still keep full ownership of the User Content sent to us, but by submitting User Content via the Platform, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other Users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. Yoga Nexus reserves the right to feature your profile or likeness on its website or for promotional purposes.
Any User Content will be considered non-confidential and non-proprietary. Students may not use any part of a Class or any User Content created by Teachers in any way not authorized by the Teacher.
You further grant us a non-exclusive, fully transferable, perpetual royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
By posting User Content on the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with any portion of your User Content.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy
We reserve the right to cut, crop, edit or refuse to publish your content at our sole discretion. We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these T&Cs, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to you. If you are an Teacher, please keep your User Content if you wish to have permanent access to them.
We make no representations about the accuracy, integrity, appropriateness or quality of any Content and accordingly accept no liability for any Content.
If you wish to complain about information and materials uploaded by other Users, please contact us at: [email protected]
The rights granted by you for streaming live Content terminate once you delete such User Content from the Platform, or generally by closing your account, except if (i) Yoga Nexus used it for promotional purposes, and (ii) for a reasonable time it takes to remove from backup and other systems.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Yoga Nexus or its employees, you acknowledge and agree that Yoga Nexus shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
Payment Processing Services
Payment processing services on Yoga Nexus are currently provided by Stripe (“Stripe Processing Services”). Stripe Processing Services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). This is how we collect all class fees. Funds are distributed to Teachers via PayPal, in order to receive funds you must possess a PayPal account and accept their terms of service.
By agreeing to these Terms, or by continuing to use the Platform including your account on Yoga Nexus, you agree to be bound by the Stripe Services Agreement, as the same may be modified from time to time by Stripe. As a condition of Yoga Nexus enabling payment processing services through Stripe, you agree that we collect all class fees and subsequently distribute fees via PayPal. You agree to provide Yoga Nexus accurate and complete information about you and your business, and you authorize Yoga Nexus to share it and transaction information related to your use of the payment processing services provided by PayPal. If you do not have a PayPal account, Yoga Nexus is not responsible for transfer funds otherwise.
You agree to defend, indemnify, and hold harmless Yoga Nexus, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account of these T&Cs or arising out of a breach of your obligations, representations and warranties under these T&Cs.
Yoga Nexus is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service Teachers.
Limitation of Liability
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Yoga Nexus. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Yoga Nexus. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third party service providers.
Arbitration and Dispute Resolution
Yoga Nexus Waiver.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY REGISTER FOR, ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING YOGA NEXUS (AS EITHER A STUDENT OR AN Teacher), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING YOGA NEXUS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN, INSTRUCTING, OR USING A CLASS) AND TO DETERMINE IF AND HOW USING YOGA NEXUS IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL. THE USE OF ANY CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH YOGA NEXUS IS SOLELY AT YOUR OWN RISK.
YOGA NEXUS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS AS TO OUR WEBSITE’S ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH YOGA NEXUS’ WEBSITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS YOGA NEXUS, ITS AFFILIATED ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND OR/USE OF ANY CLASS (INCLUDING THOSE HELD OUTSIDE OF YOGA NEXUS), INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE..
- Entire Agreement, Severability. These Terms and any referenced policies in the Terms are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
- Links. You may link to our home page, in a fair and legal manner and in a way that does not damage or take advantage of our reputation. Do not establish a link that suggests any form of association, approval or endorsement on our part where none exists. Do not establish a link to our Platform in any website that you don’t own. The website in which you are linking must comply in all respects with the content standards set out at “Community Guidelines” above. We reserve the right to withdraw linking permission without notice.
- Changes to the T&Cs. We amend these T&Cs and other policies from time to time. We will use commercially reasonable efforts to notify you of any material changes to these T&Cs, such as through a notice on our Platform; however, you should read these T&Cs regardless. We will also update the “Last Updated” date at the top of these T&Cs when they are updated. If you continue to use the Platform after the date of the new T&Cs, this means that you accept the new T&Cs.