Terms Of Use

Last Updated: May 22, 2018 These Terms of Use ("Terms of Use") is a legal agreement between you, or in the event that you represent, or are using the Services on behalf of, a sport team, business or other entity, that sport team, business or entity (in either case, "You") and Go Heja Ltd. (hereinafter "Go- Heja", "we", "us", or "our"). These Terms of Use govern your access or use of services available through the go-heja.com website ("Site"), mobile applications ("App"), other interfaces made available by us and any product, content and services available thereunder (collectively, the "Services"). If you are a business or other entity, the individual entering into these Terms of Use on your behalf hereby represents that he/she is an employee or agent of such business or other entity and has authority to enter into these Terms of Use on such entity's behalf. NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. BY CLICKING "accept terms and conditions" DURING ACCOUNT REGISTRATION OR BY USING THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ACCESS OR USE THE SITE, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE SITE.
These Terms of Use are entered into as of the earlier of the date You first click “I Accept” or first access or use the Services (the “Effective Date”).

1. Services

Subject to your compliance with these Terms of Use, we will provide you with Services applicable with the type of Account selected by you, including storing, processing and analyzing exercise and fitness data, training plans, training logs, meal plans and any other content that you or a Coach (as defined below) uploads or enters into your Account (collectively, "Content") together with any Additional Services that may be offered to you from time to time. Go-Heja reserves the right, at any time and at its sole discretion, to modify the Services or change the scope of Services, including without limitation by the removal, addition, alteration and/or limitation of specific Services to a specific account type and including changing free services to paid services. You will be deemed to have agreed to such modification through your continued use of the Services.

2. Account Types

We designate certain types of accounts (each, an "Account") that provide different functionality to different users of the Service. You or your Coach may choose your Account type when you or your Coach first submit a registration for the Services (“Registration”). a. A “Basic Account” is a free of charge account offering free access to some, but not all Services. A Basic Account is designated for users who utilize the Services independently and/or associate their Account with one or more Coaches or Manager to receive coaching or other services from such Coaches or Manager. b. A “Premium Account” is a type of account which allows you or your Coach or Manager in addition to the functionality of a Basic Account, greater functionalities and Services whether chosen by a Coach or Manager using a Coach Account, Manager Account or by you. Accessing and usage of a Premium Account may be subject to payment of applicable fees, which may be paid on a monthly or yearly basis, or through any other periodic basis offered.
c. A “Coach Account” or “Manager Account” allows its user (“Coach(es)” or “Manager”) to access other user Accounts (Basic Account or Premium Account) for the purpose of providing training and coaching Services to one or multiple users, to set up team profiles which other users can join and to use further Services related to training, managing and directing of a sports team.

3. Account Registration and Information, Passwords and Permitted Use.

Age Restriction. By submitting a Registration, You represent and warrant that You are 13 years of age or older (or have obtained verifiable parental consent) and You agree to be bound by these Terms of Use and that Your use of the Services does not violate any applicable law or regulation. Your access to the Services may be terminated without warning if Go-Heja believes, in its sole discretion, that You are under the age of 13 years and have not obtained verifiable consent from a parent or legal guardian. If You are a parent or legal guardian and You provide your consent to your child’s use of the Services, You agree to be bound by these Terms of Use in respect of Your child’s use of the Services.
Personal Account Information. By submitting a Registration or creating a password, you represent to us that the information you have provided on your Registration ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site or the App to keep it true, accurate, current and complete. Passwords. Your password for accessing your Account is confidential and intended to be used solely by you. Do not submit or share this password with any third party as this may compromise the security of your Account. You will solely bear responsibility for any misuse or damage resulting from unauthorized use of your Account due to your actions or lack thereof relating to password confidentiality and security. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the Site or the App.
Permitted Uses. Use of Basic or Premium Accounts is limited to your own personal, noncommercial use only. If you have a Coach Account, you may use the Site or the App as a tool to assist you in providing coaching, training or any such other services to individual users who have a Basic or Premium Account that is linked to your Account.

1. Additional Terms

You may be required to follow additional rules, guidelines, or terms and conditions (“Additional Terms”) in order to access and use various features of the Site or App, to participate in certain promotions available through the Services, or to receive other services offered from time to time ("Additional Services"). Before accessing or using the Additional Services, you may be required to agree to any applicable Additional Terms. Any Additional Terms you agree to through the Services will become a part of these Terms of Use. If any Additional Terms differ from the terms of these Terms of Use, the Additional Terms will take precedent over the terms of these Terms of Use, but only with respect to the matters governed by the Additional Terms.

2. Terms of Payment.

Using a Premium Account will be subject to the payment of the applicable services fee ("Fees"). All Fees will be payable in advance on a monthly basis or such other term if agreed by Go-Heja. All Services automatically renew unless you terminate your Account before your Account is scheduled to renew. You are free to terminate your Account at any time. Subject to any applicable law, payments are nonrefundable and there are no refunds or credits for partial-month use, or non-participation or unused services.
Go-Heja may provide certain services for Coaches and sports teams, such as payment for membership fees, Coaching Services, the sale and purchase of merchandise, goods or services ("Chargeable Services") through the Site or App. Charges for the Fees and other Chargeable Services may be paid by credit card, PayPal account or any such other payment method then accepted by us (“Payment Method”). Go-Heja shall apply any due Fees and other Chargeable Services according to the Payment Method provided by You (upon registration to the Services or otherwise). By providing a Payment Method You expressly agree and authorize Go- Heja to charge You with any and all applicable Fees and any other Chargeable Services.

1. No Responsibility for Coaches and Sports Teams

You acknowledge that you are solely responsible for your selection of your Coach(es), Manager or other third party you choose to assist you with your training, exercise, or fitness and for any advice, coaching, training, or other services you receive from that Coach(es) or Manager (“Coaching Services”). We are not responsible for any Coaching Services or such other services available to you through the Site or App, by your Coach(es), Manager or sports team. We have no control over, are not responsible for, and do not provide support or otherwise to, any Coach, Manager, Coaching Services and other Chargeable Services offered to you by any Coach, Manager or sports teams, as the case may be. Your access to and use of any Coaching Services or other Chargeable Services through the Site or App may also be subject to any other agreement you have entered into (or enter into) with your Coach, Manager or sports team which may govern the relationship between you and any Coach, Manager or sports team (a “Coaching Agreement”). Notwithstanding any Coaching Agreement, these Terms of Use will continue to apply to your use of the Site or App and all provided Services. Any Coaching Agreement will apply separately to any Coaching Services or other Chargeable Service you receive from your Coach, Manager or sports team and are separate and independent from the Services you may receive from us under these Terms of Use.

2. Term, Termination and Suspension.

Term. These Terms of Use are and shall remain in full force and effect as long as You make any usage of the Services whether through the Site or App. Termination by You. If you notify us that you wish to terminate your Account, regardless of the type of Account you have, we will promptly take such action as is necessary to terminate your Account. Upon such termination, we may also choose to delete your Account Information or remove Content you or your Coach or Manager have posted or uploaded to the Site or App.
Termination by Us. We reserve the right to terminate your access to your Account regardless of the type of Account you have if you fail to comply with these Terms of Use, including without limitation, failing to comply with the password restrictions or providing false Account Information or failing to pay the applicable Fees. If we do so, we may also choose to delete your Account Information or remove Content you or your Coach or Manager have posted or uploaded to the Site or App. Termination by Coach(es) or Manager. Your Coach, Manager or sports team has the right to not renew or terminate, or to direct us to not renew or terminate, your Account. We have the right to terminate your Account after receiving instructions from your Coach or sports team.
Other Termination or Modification. In addition to the termination rights above, we have the right to terminate the Services at any time or to modify, change, or eliminate any or all of the Services at any time.
Suspension. Without limiting the right to terminate your Account, we, your Coach or Manager may also immediately and indefinitely suspend your access to the Services and Account, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms of Use (including for lack of payment) or applicable law or upon your Coach's or Manager's instruction, or upon any other conduct we, your Coach or Manager deem to be inappropriate or detrimental to the Services, us, or any other user.

1. No Medical Advice

THE CONTENT WE PROVIDE THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR APPLICABLE EMERGENCY PROVIDER IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE OR APP. RELIANCE ON ANY CONTENT IS SOLELY AT YOUR OWN RISK. NO COMMUNICATION BETWEEN YOU AND US BY ANY MEANS WHATSOEVER WILL CONSTITUTE A HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

2. Privacy Policy

By agreeing to the Terms of Use, you also agree to comply with the terms of our online privacy policy posted on the Site (“Privacy Policy”), which is incorporated into these Terms of Use. Before using the Services, please review our Privacy Policy. All personal data you provide to us as a result of your use of the Services, or any Account will be handled in accordance with these Terms of Use and the Privacy Policy. We reserve the right to monitor your communications with us or with your Coach or Manager whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

3. Content

User Content. By using the Services, you may choose to post, upload, transmit, or otherwise make available and provide ("post") Content on the Site or App, including, without limitation, text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials. The Content you and other users post is referred to as "User Content" in these Terms of Use. The User Content that you post is referred to as "Your Content" in these Terms of Use. Prohibited Content. Go-Heja strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree and warrant not to use the Services to create or otherwise provide any Content, information and/or data that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. You agree and warrant to abide by all applicable local, state, national and international laws and regulations, including but not limited to, any laws regarding the export of data or software.
Responsibility for User Content. You are and shall remain solely responsible for all acts or omissions that occur under Your account, including, without limitation, in connection with Your Content, information and/or data that you create, edit, post, upload, transmit or otherwise provide through the Services. You are responsible for all Content you post to Your Account and for adjusting the Account settings that permit you to display Your Content on the Site or App, where applicable. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using functionalities on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.
Rejection/Removal of Your Content. You acknowledge that we have no obligation to screen User Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any User Content (which includes Your Content) or portion thereof, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Services by any person, please contact us via email at support@go- heja.com.
Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, and the rights of Coaches or Manager, if applicable, you own and will retain any and all intellectual property rights that you may have in Your Content. License to Use Your Content. By posting Your Content on or through the Services, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, distribute, and create derivative works based on your Content. You consent to our use and disclosure of Your Content as set forth in these Terms of Use, including our Privacy Policy. You may contact us to request that Your Content be removed from the Site or App. We cannot guarantee the complete deletion of Your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.
Access by Coaches or Manager. If you use the Services for Coaching Services or otherwise, then you acknowledge and agree that any Coach or Manager linked with your Account has the right to access, view, modify, add, and delete Your Content. By having an Account linked with any Coach, Manager or sports team, as the case may be, the rights you grant to us include the right to allow such Coach, Manager or sports team with whom your Account is linked a license to copy, modify, view, add and delete Your Content.
Your Warranties Regarding Your Content. By posting Your Content via the Services, you represent and warrant that (1) you own all right, title and interest in Your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (2) the posting of Your Content on or through the Services does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.

1. Proprietary Rights

Go-Heja owns and retains the entire title, rights and/or interest in and to its technology, Site, App and/or any of the Services (and/or or any part thereof) and any and all intellectual property rights related and associated therewith, including any improvements, specifications, work products, updates, upgrades, error-corrections or other modifications thereof. Go-Heja's Site, App and/or other Services, contain technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of Go-Heja and its licensors. You are not granted with any rights in or to the Site, the App and/or any of the Services. You shall have no right in the intellectual property associated or related to the Site, the App or any other part of the Services and nothing herein should be inferred as granting such rights to You.
We grant you with a personal, revocable, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interfaces that are provided by us. We further grant you a personal, limited, revocable, non- sublicensable license to download and print copies of any portion of the Content to which you have properly gained access for your personal use (or if you are a Coach, Manager or sport team only for use by individual users who have an Account to which your Account is currently linked). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar automated means or methods to access any Content on the Services. Content Restrictions. Unless you are expressly granted rights to do so by us under a separate agreement from these Terms of Use, You may not, and you may not permit others, to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content (except Your Content) except as expressly provided in these Terms of Use without our prior written permission.
The term Go-Heja, the Go-Heja logo and other Go-Heja logos and product and service names are the exclusive trademarks of, and are owned by us, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Go-Heja reserves all rights not expressly granted hereunder.
Claims for Copyright Infringement:  If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify us at support@go- heja.com, and we will duly investigate any allegations of copyright infringement brought to our attention.  We reserve the right in our sole discretion to immediately suspend and/or terminate any access to any user who is alleged to have posted infringing materials and to immediately remove or disable the allegedly infringing content.

1. Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Go-Heja. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT GO-HEJA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Go-Heja or third parties may provide links to other internet sites or resources through the Services. Go-Heja does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Go-Heja is not responsible for the availability of such external sites or resources.

1. Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Go-Heja a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Go-Heja any Feedback that you do not wish to license to us as set forth above.

2. Warranties; Disclaimer

YOU EXPRESSLY AGREE THAT ANY USE OF THE SITE, THE APPLICATION AND/OR ANY PART OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE, THE APPLICATION AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. GO-HEJA HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE SITE OR APP,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY A COACH, MANAGER OR SPORT TEAM RELATING TO YOUR USE OF THE SERVICES. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST A COACH, MANAGER OR SPORT TEAM AGAINST GO-HEJA. GO-HEJA MAKES NO WARRANTY: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GO-HEJA OR THROUGH OR FROM THE SITE OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, APP, SERVERS, CONTENT ON THE SITE OR APP, E-MAIL SENT OR THROUGH ANY OTHER COMMUNICATION MEDIUM FROM US, OR PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR APP, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES OR OTHER MALICIOUS INTENTIONS).

3. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE SITE, APP OR OTHERWISE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES, THE SITE OR THE APP; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE APP; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE APP; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR THE APP. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE APP AND ALL SERVICES PROVIDED UNDER THESE TERMS OF USE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO US IN THE 12-MONTHS PRIOR TO THE DATE OF CLAIM. YOU AGREE THAT SUCH MAXIMUM LIABLITY REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
Regardless of any statute or law to the contrary, You agree that any claim or cause you may have arising out of or related to your relationship with Go-Heja and these Terms of Use, must be filed within one (1) year after such claim or cause arose; otherwise, your claim is permanently barred.

1. Indemnity

You will indemnify and hold harmless Go-Heja, and its subsidiaries, affiliates, officers, agents or other partners, users, employees, Coaches and Manager, from and against any claim, liability, loss, expense or demand, including reasonable attorneys' fees, relating to or arising out of Your Content, your use of any other Content, your use of or connection to the Site, the App and Services (including any information, materials, products or services available through the Site, the App or Services), your violation of these Terms of Use, or your violation of any applicable laws or any rights of another user or third party.

2. Compliance with Laws

You agree to use the Site in compliance with all applicable laws. If you access the Site or the App from outside the United States, you will comply with all local laws regarding your use of the Site or the App.

3. Governing Law and Jurisdiction

Other than explicitly provided herein, these Terms of Use shall be treated as though they were executed and performed in the State of Israel and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles).
Any claim that You may have in connection with these Terms of Use must first, and before taking any other legal action, be submitted to Go-Heja in the form of a complaint (to: support@go-heja.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner within a reasonable timeframe, or if any other claim or dispute in connection with these Terms of Use arises, it shall be resolved only in the applicable court of the State of Israel, and You hereby consent and submit exclusively to the jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing,

Go-Heja may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

4. Miscellaneous

Notice. We may send you any notices via e-mail or regular mail to the address we have on file for you. We may provide notice to you by displaying the notice on the Site or App as described in these Terms of Use. You will provide any notices to Go- Heja solely as directed in these Terms of Use or in writing at the address set forth below.
Assignment. You may not assign, delegate or otherwise transfer your Account or your rights or obligations under these Terms of Use. Go-Heja will have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms of Use to any third party, and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms of Use. Severability. If any clause or provision of these Terms of Use will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will promptly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.
Entire Agreement. These Terms of Use, the Privacy Policy and, if applicable, the Additional Terms, constitute the entire legal agreement between You and Go-Heja and govern Your use of the Services, the Site and the App and replace any prior agreement of understanding between You and Go-Heja in relation to the Services. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the waiving party.

5. Modification of the Terms of Use and Services

Certain provisions of the Terms of Use may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Go-Heja reserves the right to update the Terms of Use at any time and for any reason in its sole discretion. Go-Heja will notify you of any material changes to the Terms of Use or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Go-Heja and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Go-Heja reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Go-Heja shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

6. Support and Questions

We will respond to any questions regarding the Services and these Terms of Use at support@go-heja.com. We generally respond to support requests as soon as possible and on a best efforts basis as soon as the request is placed.