Terms and Conditions of Use (English)

Acknowledgment of Rights and Responsibilities

YOU ACKNOWLEDGE THAT YODHA IS NOT A LICENSED HEALTHCARE PROVIDER AND THAT YODHA SERVICES ARE PROVIDED FOR USERS’ ENTERTAINMENT ONLY.

Welcome to Yodha! We’re glad you’re here. Please take a moment to read and understand the terms and conditions of use (“Terms”) for Yodha. The Terms govern your access to and use of applications, websites, content, products, goods, and services (collectively, the “Product(s)” or “Service(s)”) made available worldwide by APPBULBY LIMITED, address: 42A Grigori Afxentiou Street, Egkomi 2407, Nicosia, Cyprus (collectively, “Yodha”, “we”, or “our”). The Yodha Services, in whole or in part, may not be available in all countries. PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE YODHA SERVICES.

Your access to and use of the Yodha Services constitutes your agreement to be bound by the Terms, which establish a contractual relationship (“Agreement”) between you and Yodha. If you do not understand the Terms or do not accept any part of them, you may not access or use the Yodha Services. The Terms expressly supersede prior agreements or arrangements with you. Yodha may immediately terminate the Terms or refuse any Yodha Services with respect to you, delete accounts, remove or edit content, cancel orders, or generally cease offering or deny access to the Yodha Services or any portion thereof, at any time, for any reason, without prior notice or liability, including, without limitation, if you breach the Terms. Provisions of the Terms that by their nature should survive termination shall survive, including, without limitation, warranty disclaimers, ownership, indemnity, and limitations of liability.

Supplemental terms may apply to some Yodha Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you. Supplemental terms are deemed part of the Terms for the purposes of the applicable Yodha Services. Supplemental terms shall prevail over the Terms in the event of a conflict with respect to the applicable Yodha Services.

Yodha reserves the right, at its sole discretion, to amend the Terms from time to time. Amendments will be effective upon Yodha’s posting of such updated Terms at this location or posting amended policies or supplemental terms on the applicable Yodha Services. Your continued access to or use of the Yodha Services after such posting constitutes your consent to be bound by the Terms, as amended. If you do not agree to the new Terms, please stop using the Yodha Services. When the Terms are changed (other than for typographical corrections or minor changes that do not alter their meaning), we will update the “Date of update” at the top of the Terms.

The personal information Yodha collects, including information obtained from third parties, is used to operate the Yodha Services. Yodha’s Privacy Policy (http://yodha.us/privacy/) explains how we treat your personal data and protect your privacy when using the Yodha Services. Any information you provide to Yodha must always be accurate, correct, and up to date. We encourage you to read Yodha’s Privacy Policy to help you make informed decisions.

A failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. You may not assign your rights or obligations under the Terms without Yodha’s prior written consent. Yodha may assign its rights under the Terms without condition. The Terms constitute the entire agreement between you and Yodha regarding the Yodha Services and supersede and replace any prior agreements we might have had with you regarding the Yodha Services.

If you have any questions about the Terms prior to accepting them, please contact Yodha at support@yodha.us.

The Yodha Services

The Yodha Services are a marketplace that connects advice-seekers with independent, professional astrologers, experts, and advisors (collectively, the “Advisor(s)”) through text messages, graphics, images, audio, video, or other forms of communication. The Services allow you to search for, engage with, and submit questions to Advisors who provide personalized advice and guidance. Yodha is a software company that developed a platform to connect advice-seekers and Advisors. Yodha does not directly offer or sell any advice or services.

License and Access to Use the Yodha Services

License Conditions. As long as you comply with the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, worldwide, freely revocable license to download, install, and use the App, in object code format, only on your personal mobile device, for the sole purpose of personally using the App (the “License”).

This License does not include any resale or commercial use of any Yodha Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Yodha Services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights, title, and interest in Yodha and the Yodha Services not expressly granted to you herein are reserved by Yodha or its licensors, suppliers, publishers, rightsholders, or other content providers. No Yodha Services, or any part of any Yodha Services, may be reproduced, modified, duplicated, copied, used to prepare derivative works, sold, resold, leased, licensed, distributed, transferred, publicly displayed, publicly performed, transmitted, streamed, broadcast, or otherwise exploited for any commercial purpose without Yodha’s express written consent. Select, copy, and paste functions may be available for some text-based Yodha Products or Services, and you must use these features only for personal, non-commercial purposes. You may not remove any copyright, trademark, or other proprietary notices from any portion of the Yodha Services. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yodha without express written consent. You may not use any meta tags or any other “hidden text” using Yodha’s name or trademarks without Yodha’s express written consent. You may not decompile, reverse engineer, or disassemble the Yodha Services except as permitted by applicable law. You may not misuse the Yodha Services. You may use the Yodha Services only as permitted by law. The licenses granted by Yodha terminate if you do not comply with the Terms.

Use of Third-Party Services and Content

The Yodha Services may be made available or accessed in connection with third-party services and content (including advertising) that Yodha does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Yodha does not endorse such third-party services and content, and in no event shall Yodha be responsible or liable for any products or services of such third-party providers. Apple Inc., Google LLC, Microsoft Corporation, and others (including their subsidiaries) shall be third-party beneficiaries of the Terms if you access the Yodha Services using applications developed for Apple iOS, Android, Microsoft Windows, Blackberry-powered devices, or others, respectively. These third-party beneficiaries are not parties to the Terms and are not responsible for the provision, maintenance, or support of the Yodha Services in any manner. Your access to the Yodha Services using these devices is subject to the terms set forth in the applicable third-party terms of service, and those third-party terms of service shall prevail over the Terms in the event of a conflict with respect to the applicable Yodha Services. When you use the Yodha Services, you may incur access or data fees from third parties in connection with your purchase and use of the Yodha Services. You are responsible for all such fees, for obtaining data network access, and for acquiring and updating compatible hardware or devices necessary to access and use the Yodha Services. Yodha does not guarantee that the Yodha Services, or any portion thereof, will function on any particular hardware or device. In addition, the Yodha Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Applicable Apple Inc. Terms

The parties acknowledge that this Agreement is entered into by the End User and Yodha only, and not with Apple Inc. Yodha, not Apple Inc., is solely responsible for the Yodha Services, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Yodha Services. Apple Inc. and its subsidiaries shall be third-party beneficiaries of the Terms. If you accept the Terms, Apple Inc. will have the right to enforce the Terms against you as a third-party beneficiary thereof. To the extent that any product warranty is granted to you by the Terms and is not disclaimed, and if the Yodha Services fail to conform to any applicable warranty, you may notify Apple Inc., and it will refund the purchase price for the Yodha Services to you. To the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Yodha Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are solely Yodha’s responsibility.

Your Use of the Yodha Services

User Accounts

To use the Yodha Services, you must be 18 years of age or older. You must not access the Yodha Services or accept the Terms if you are legally prohibited from receiving or using the Service or any Products under the laws of the country in which you reside or from which you access or use the Yodha Services. If you use any Yodha Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone, tablet, or other devices, and you agree to accept responsibility for all activities that occur under your account or password.

Account registration may require you to submit certain personal information to Yodha, such as your name, date and time of birth, place of birth, and current residential address; your photo; mobile phone number; and a valid payment method such as a credit card, debit card, PayPal, gift/code card, or other form of payment (collectively, “Payment method(s)” and “Payment information”). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having invalid or expired payment information, may result in your inability to access and use the Yodha Services or Yodha’s termination of the Terms with you.

WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING CLIENTS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, FULL ADDRESSES, AND EMAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER, CLIENT, OR ADVISOR, YOU DO SO AT YOUR OWN RISK, AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION.

We do not provide Advisors with your personal information, such as your email address, but may provide your name, date and time of birth, place of birth, gender, photo, and other personal information as necessary to facilitate the Yodha Services. Advisors are not permitted to request your personal contact information, address, payment information, or other sensitive information of a similar nature. You must not provide any such information, even if an Advisor violates the Terms and asks you for it.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and confidentiality of your Account credentials at all times. Unless otherwise permitted by Yodha in writing, you may have only one Account per particular Yodha Service. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.

Yodha may, at any time, place limits on the number of devices and/or software applications you may use to access Yodha Products or Services, at Yodha’s sole discretion. You must adhere to all such limits. Yodha may record and store the unique device identifier numbers of your devices to enforce such limits. If you do not agree to Yodha recording and storing this type of information, then you should not use the Yodha Products or Services.

You agree to comply with all applicable laws when using the Yodha Services, and you may use the Yodha Services only for lawful purposes. You will not, in your use of the Yodha Services, cause nuisance, annoyance, inconvenience, or property damage, whether to a third-party provider or any other party. You confirm that you are not located in a country that is subject to an embargo imposed by any other country and that you are not listed on any government list of prohibited or restricted parties. In certain instances, you may be asked to provide proof of identity to access or use the Yodha Services, and you agree that you may be denied access to or use of the Yodha Services if you refuse to provide proof of identity.

Termination

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you must cancel all your subscriptions and discontinue using the Service.

Communications

By creating an Account, you agree that the Yodha Services may send you informational and advertising communications through various technologies, such as SMS, push notifications, email, and others, as part of the normal business operations associated with your use of the Yodha Services. You may opt out of receiving such communications from Yodha at any time by turning them off or by deactivating your Account. You acknowledge that opting out of receiving communications may impact your use of the Yodha Services.

Free and/or Promotional Content, Bonuses, Codes

Yodha may, at its sole discretion, create and distribute free and/or promotional content, bonuses, or codes (“Free/Promo Content”) that may be redeemed for Account credit or other features or benefits related to the Yodha Services and/or a third-party provider’s services, subject to any additional terms that Yodha establishes. You agree that Free/Promo Content: (i) must be used for its intended audience and purpose and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any way, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Yodha; (iii) may be disabled by Yodha at any time for any reason without liability to Yodha; (iv) may be used only pursuant to the specific terms that Yodha establishes for particular Free/Promo Content; (v) is not redeemable for cash; and (vi) may expire before you use it. Yodha reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Free/Promo Content by you or any other user if Yodha determines or believes that the use or redemption of the Free/Promo Content was in error, fraudulent, illegal, or in violation of the applicable Free/Promo Content terms or the Terms.

User Provided Content

Yodha permits you to share, submit, upload, publish, or otherwise make available to Yodha through the Yodha Services textual, audio, video, and/or visual content and information, including communications with Advisors, commentary, and feedback related to the Yodha Services; initiation of support requests; and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Yodha, you grant Yodha a worldwide, perpetual, irrevocable, transferable, royalty-free license to use this information in accordance with Yodha’s Privacy Policy (http://yodha.us/privacy/) without further notice to or consent from you and without any requirement to pay you or any other person or entity. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents, and releases necessary to grant Yodha the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, or other making available of such User Content, nor Yodha’s use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or otherwise violate any applicable law or regulation. You agree not to provide User Content that is abusive, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Yodha in its sole discretion, whether or not such material may be protected by law. Yodha may, but is not obligated to, review, monitor, or remove User Content, at its sole discretion, at any time and for any reason, without notice to you.

Yodha Content

Some content provided while using the Yodha Services may be delivered through third-party services and content providers, including Advisors and others. Third-party service and content providers are not our employees, consultants, agents, or representatives. Advisors use the Service to provide clients with personalized readings and advice for entertainment purposes. You understand that any information provided to you by an Advisor is not a substitute for the advice and counsel of a qualified professional. We do not verify, and do not guarantee, the qualifications, certifications, credentials, competence, or background of Advisors or any third-party service or content provider. Your relationship in connection with the Service is strictly and solely with the Advisor.

We do not endorse, recommend, evaluate, warrant, or guarantee any opinion, response, advice, prediction, recommendation, information, or other service provided by Advisors or any third-party service or content provider. Yodha encourages Advisors to meet all Yodha guidelines, standards, and terms. However, Yodha is not able to fully monitor or ensure that all standards and terms are followed by Advisors or any third-party service or content provider. You acknowledge that Yodha cannot monitor or control all content you receive while using the Yodha Services, and you expressly agree that the entire risk arising out of your use of the Yodha Services in connection therewith remains solely with you, to the maximum extent permitted by applicable law.

You understand that any information provided to You by any Advisor is strictly for general entertainment purposes and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not provide Advisors with your personal contact information, such as your email address, residential address, or phone number, but may provide your name, place of birth, date of birth, and/or gender as necessary to facilitate the Service. We do not guarantee the accuracy of any reading or other advice exchanged.

Orders, Purchases, Payments and Fees

Yodha may make available to you various payment methods to facilitate the purchase of, or charges for, the Yodha Services (collectively, the “Charges”). You must abide by any relevant terms and conditions or other legal agreement, whether with Yodha or a third party, that governs your use of a given payment method. Yodha may add or remove payment methods at its sole discretion and without notice to you. You agree to pay for any Yodha Services that you order and that Yodha or Yodha’s payment processor charges to you through a payment method available in your country, along with any additional amounts (including taxes). You are solely responsible for all fees associated with purchases you make on Yodha. All Charges are due immediately, and payment will be facilitated by Yodha using the preferred payment method designated in your Account. If your primary payment method is determined to be expired, invalid, or otherwise unable to be charged, you agree that Yodha may use a secondary payment method in your Account, if available.

You may be able to purchase credits, tokens, coins, questions, and other types of virtual currency (collectively, “Credit(s)”), which may be used to pay for future orders of Yodha Products and Services. IF YOU DO NOT USE YOUR CREDITS FOR A PERIOD OF ONE YEAR AFTER PURCHASE, THE CREDITS MAY BECOME INACTIVE OR DORMANT.

Payment Pre-Authorizations

A pre-authorization is a type of pending bank charge used to check an account for validity or to approve funds for a purchase you attempt to make. You may receive a pre-authorization for an amount before you make a purchase, and the final charge may be submitted later. Another type of pre-authorization applies when a purchase is approved but will not be posted to your account until later (for example, when an item is back-ordered and shipping is delayed). Keep in mind that a charge may remain pending for several days; this holds the funds for the intended purchase but does not permanently charge them. Once the permanent charge is posted, the pre-authorization will drop off your account. This can take up to 20 business days (or longer in rare circumstances). Contact your banking institution if this does not occur.

Pricing and Taxes

For sales as both principal and agent, Yodha displays pricing for Yodha Services. With respect to Yodha Products or Services sold by Yodha, we cannot confirm the price of an item until you order. Pricing and availability of all Yodha Services are subject to change at any time before a purchase is completed. You are responsible for any taxes and must pay for Yodha Products or Services without any reduction for taxes. (“Taxes” means any duties, customs fees, or taxes other than income tax, associated with the sale of Yodha Products or Services, including any related penalties or interest.) You must comply with all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Yodha or the purchase of Yodha Products or Services through Yodha. Reporting and payment of any such taxes are your responsibility.

Refund Policy

All sales of digital content and services are final. Nothing in these Terms limits any statutory rights (including consumer guarantees and rights to remedies) that cannot be excluded or limited under applicable law. Except as expressly set forth in the Terms or other Yodha policies, transactions are final and we do not offer returns, replacements, or refunds unless technical problems prevent delivery of the purchased Yodha Products or Services, or you have been provided defective content or services. If a replacement, return, or refund is granted for any transaction, the transaction may be reversed and you may no longer be able to access the Product or Service acquired through that transaction. If any or all of our digital Yodha Products or Services are temporarily unavailable, a refund will not be provided. Yodha reserves the right, at its sole discretion, to issue refunds or credits. If we issue a refund or credit, we are not required to issue the same or a similar refund in the future.

To request a refund for purchases made directly through Yodha for the reasons described above, please contact our support team at support@yodha.us and provide details of the issue. Refund requests are reviewed on a case-by-case basis, and we will respond within a reasonable time.

For purchases through Apple/Google/Amazon, refund requests must be submitted to the relevant store and are subject to that store’s terms.

Digital Content and Right of Withdrawal (EU Users)

By purchasing a subscription or other digital content, you expressly agree that access to the digital service begins immediately after purchase.

You acknowledge that, once the service has begun, they waive their right of withdrawal under applicable European Union consumer protection laws to the fullest extent permitted by law.

Subscription Features

All features, benefits, and services included in a subscription are available solely during the active subscription period. Once the subscription expires or is canceled, access to these features will be discontinued. Subscription features are personal to the account holder and may not be transferred, assigned, or shared. They have no residual value beyond the subscription term.

Subscription Cancellation and Auto-Renewal

Subscriptions renew automatically unless canceled by you before the end of the current billing period.

You may cancel their subscriptions at any time.

Cancellation prevents future charges, while access to the service remains available until the end of the current paid period. Your rights to cancel are set out in the additional terms for the relevant Product type below.

Subscriptions Purchased Through Apple Inc.

Yodha may allow you to purchase access to content or Yodha Services on a subscription basis. If you subscribe to one of the available subscriptions, payment will be charged to your iTunes account upon confirmation of your purchase. The subscription price and currency will vary by location. The subscription automatically renews unless it is canceled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period, and the charge will identify the cost of renewal. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable. Subscriptions may be managed by you, and auto-renewal may be turned off by going to your account settings. For more detailed information, please refer to Apple Inc.’s subscription terms and conditions.

Subscriptions Purchased Through Google

Yodha may allow you to purchase access to content or Yodha Services on a subscription basis. If you subscribe to one of the available subscriptions, payment will be charged to your Google Play Store account upon confirmation of your purchase. The subscription price and currency will vary by location. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged up to 24 hours before the beginning of each billing period. Subscriptions may be managed by you, and auto-renewal may be turned off by going to the subscription settings on your Android device. For more detailed information, please refer to Google Play Store’s subscription terms and conditions.

Cancellation Policy

Disclaimers, Liability, Governing Law

Disclaimer

THE YODHA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND FOR ENTERTAINMENT PURPOSES ONLY; YODHA DISCLAIMS ALL KIND OF WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YODHA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE YODHA SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE YODHA SERVICES, OR THAT THE YODHA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YODHA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE YODHA SERVICES, AND ANY SERVICE OR PRODUCTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. AND YOU AGREE THAT FROM TIME TO TIME YODHA MAY REMOVE THE YODHA SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE YODHA SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE YODHA SERVICES WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT YODHA SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT EVEN IF IT MAY SOUND SO. NONE OF THE YODHA CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDITATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  NONE OF THE YODHA CONTENT SHOULD BE CONSIDERED A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. WE STRONGLY RECOMMEND THAT YOU ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, YODHA AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICE.

YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT YODHA SERVICE IS NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.

YOU RELY ON OR ACT UPON THE ADVICE OF ANY ADVISOR OR OTHER USER OF THE SERVICE SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT THAT YOU SUBMIT AND ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR ADVICE PROVIDED BY ANY ADVISOR, CLIENT OR USER.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YODHA AND THE THIRD PARTIES BENEFICIARIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, OR ANY OTHER DAMAGES OR LOSSES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE YODHA SERVICES, EVEN IF YODHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YODHA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE YODHA SERVICES OR YOUR INABILITY TO ACCESS OR USE THE YODHA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, OR OTHERWISE) AND EVEN IF YODHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Yodha’s total liability to you for all damages exceed the amount of fifty USD ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Indemnity

YOU AGREE TO INDEMNIFY YODHA AND ITS EMPLOYEES, AFFILIATES, AGENTS OR ANY ITS THIRD PARTIES THAT IN NO CASE THEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE  YODHA PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE YODHA SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY OMISSIONS OR ERRORS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE USE OF ANY CONTENT POSTED, SUBMITTED, TRANSMITTED, OR MADE AVAILABLE VIA THE YODHA SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THERE ARE SOME COUNTRIES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THESE COUNTRIES OR JURISDICTIONS, YODHA LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

YODHA SHALL USE REASONABLE EFFORTS TO PROTECT THE INFORMATION POSTED OR SUBMITTED BY YOU IN CONNECTION WITH THE YODHA SERVICES BUT YOU AGREE THAT YOUR POSTING OR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE YODHA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Dispute Resolution

You agree that any dispute, claim, or controversy arising out of or relating to the Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Yodha Services (collectively, “Dispute(s)”), shall be governed, construed, and enforced in accordance with the laws of Cyprus. For the resolution of any such dispute, you expressly agree and consent to the exclusive personal and subject-matter jurisdiction and venue of arbitration located in Cyprus. You agree and submit to personal jurisdiction in such proceedings and waive any argument or defense based on venue, personal jurisdiction, or forum non conveniens.

Compliance with Regulations

Yodha makes no claim or representation that the Yodha Services are permitted or lawful for use outside Cyprus. If you use the Yodha Service from a location outside Cyprus, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you reside. You represent and warrant that you are not located in a country subject to a United States Government embargo and that you are not listed on any United States Government list of restricted parties.

Copyright Notice

Yodha respects the intellectual property of others. If you believe that any Content available through the Yodha Services infringes a copyright claimed by you, please submit your claim along with the information required for copyright claim to Yodha at support@yodha.us    We respond quickly to the concerns of rights owners about any alleged infringement.

The information required for copyright claim:
– A name of the person authorized to act on behalf of the owner of the copyright interest;
– A description of the copyrighted work that you claim has been infringed upon;
– A description of where the material that you claim is infringing is located on the site;
– Your address, telephone number, and email address;
– A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that this procedure is exclusively for notifying Yodha that your copyrighted material has been infringed.

Notice and Procedure for other types of requests (excluding Copyright claims)

If you believe that any Yodha Products and Services purchased from Yodha have defects, please submit your claim along with the information required to Yodha at support@yodha.us

The information required for your request:
– Your name;
– Your address, telephone number, and email address;
– A description of the matter and supporting materials, if any.