Terms of Use

SAFETY NOTICE

Please read the following notice, as it sets out the risks associated with the use of the Woah App (the "App").

While this App is available for use at any age, children may be unable to maintain safe control of their actions if permitted to use the App. The use of this App by children under legal age requires parental consent. We cannot allow the use of the app without a legal guardian’s (i.e., a parent) consent to his/her child’s use. You agree that you will only allow your children to use the App after ensuring that they are aware of the risks and that they operate the App in a safe environment. 

Due to the nature of the virtual reality technology and the App features, while performing dance moves suggested as part of using the App, you will be moving your hands, feet and body and may be limited in your ability to see the physical space around you. Striking, contacting or becoming entangled in any object, or attempting to perform moves that are beyond your physical abilities while using the App could cause serious injury or damage. Therefore, each time you use the App, you must properly clear your dancing area of people, pets, and all other obstacles and objects that you could potentially strike, contact or otherwise become entangled with, and make sure that you have the physical ability to perform the suggested move.

YOU ACKNOWLEDGE THAT YOU ARE USING THE APP OR AUTHORIZING YOUR CHILDREN TO USE THE APP VOLUNTARILY AND ENTIRELY AT YOUR OWN RISK, AND THAT YOUARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP, WHICH MAY INCLUDE, BUTARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),ECONOMIC OR EMOTIONAL LOSS, AND DEATH, AND YOU ASSUME ALL RELATED RISKS USING THE APP.

TERMS AND CONDITIONS

These terms and conditions (“Terms and Conditions”) is a legally binding agreement between you, the user that will be utilizing the Woah Application (referenced below as “You” or “User”), and Woah Edutainment Ltd., its subsidiaries and affiliates (“Woah” or “We”), with respect to the use of the Woah mobile Application "Woah" and any related services (the “App” and “Service(s)”).

By using the App You accept the Terms and Conditions hereof, including the terms of our Privacy Policy (subject to the terms set forth therein), which is incorporated herein by reference. Woah reserves the right, in its sole discretion, to modify these Terms and Conditions including any other policies incorporated thereto, at any time by posting the modified provisions at www.woah.ai/terms-of-use. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE ANY PART OF THE APP AND/OR SERVICES.

1.    THE APP AND SERVICES

Our App teaches you how to dance and analyzes your dance performance via an exclusive layer of metrics and effects on your video. The App provides you interactive content and metrics about your performance and allows You to share it and other Content, such as photos and videos, with other Users using your device’s native  sharing features.

The Service may include the sending of push-notifications, messages, emails, alerts via various means of communication. In addition, the Service may include third party advertisements and/or commercial content. You can deactivate the push-notifications at anytime by changing the notification settings.

2.    AGE REQUIREMENTS

You may use the App and Services at any age.

If you are a minor and cannot enter into legal agreements under the laws of your country of residence, you must have your parent or legal guardian’s permission to use the App and Service. Please have them read and discuss these Terms and Conditions with you.

If you are a parent or legal guardian of a User who is a minor, by allowing your child to use the App or Services, you are subject to the terms of these Terms and Conditions and responsible for your child’s activity on the App and Service. You acknowledge and approve that any identification information provided by you to confirm that You are an adult and are the legal guardian of a User who is a minor, is authentic and was indeed provided by You.

3.    REGISTRATION

As a condition to using all or some aspects of the App and Services provided via the App, You may be required to register to the App and create a user account. Your user account may give you access to the App, any part thereof, and to other functions that Woah may establish and maintain from time to time. As part of the registration process, You may be required to pay a registration fee, provide Woah certain personal information (as further explained in our Privacy Policy) and select a password. You shall provide Woah with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations. You may not (i) impersonate another person; (ii) use as a user name a name subject to any rights of another person or entity without appropriate authorization; or(iii) use another User’s account without permission.

Woah reserves the right to refuse User’s registration or to block User’s access to the App, at its sole discretion. You are solely responsible for the activity that occurs on your account, and must keep your account credentials secured. You must notify Woah immediately of any breach of security or unauthorized use of your account. Woah will not be liable for your losses caused by any unauthorized use of your account.

4.    INTELLECTUAL PROPERTY AND LICENSE

  1. Woah retains all right, title, and interest in and to the App and Services (including any and all related intellectual property rights).Subject to these Terms and Conditions, Woah hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service and the App, provided that You will not alter or modify any part of the Service, other than as may be reasonably necessary to use the App and Service for its intended purpose. Except as expressly provided here in, no other rights or licenses, expressed or implied, are granted to You by Woah with respect to the App and Services.
  2. All photos, illustrations, drawings, animations, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, the "look and feel" of the App and other features obtained from or through the App as well as any other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by Woah or any third party on its behalf to the App (other than User Content, as defined below), are the sole property of Woah and/or their licensors (“Woah’ Content”), and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Woah or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in anyway, Woah’ Content or any part thereof.
  3. If You send Woah feedback or suggestions regarding the App and/or Services, You acknowledge that Woah may use them at its sole discretion, without any obligation to compensate You in any manner for such feedback or suggestions.

5.    USER CONTENT AND GENERATED CONTENT

  • You may create, store, upload, post, publish, provide, display, share and otherwise transfer to third parties content, including your photos, videos, physiological parameters via the App (collectively, “User Content”).
  • Such User Content uploaded by You to the App or shared with others will be available or accessible to other users. As long as the User Content is shared with others it is deemed to be non-confidential and You hereby waive any privacy rights with respect thereto. You may disable such features in the definitions of you user account.
  • You hereby represent and warrant that You own or have all the necessary license, rights, consents, approvals, and permissions to use, and authorize Woah, to use, exploit, publish, copy, download, store, share, distribute and transfer the User Content, in the manner contemplated here under, all without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other rights of any third party.
  • You hereby grant to Woah an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable right and license to use, copy, download, store, modify, adapt, translate, share, publish, reproduce, create derivative works from, distribute, publicly perform and display your User Content in the manner contemplated hereunder in all media formats and channels now known or later developed as well as to allow others todo so in order to provide or enable the App and/or Services. You may terminate this license at any time by removing your User Content from the App. However, you hereby agree that Woah may retain and use copies of your User Content for areas on able period of time, under applicable privacy laws, for archival or backup purposes or in order to enforce these Terms and Conditions and to satisfy any applicable law.
  • You shall be solely responsible for any User Content that You upload, post, publish, provide, display, share and otherwise transfer via the App and for any damage or loss to any other third party resulting there from, and You shall assume all risk in connection therewith. You understand that when using the App you will be exposed to User Content from a variety of sources. Woah takes no responsibility and assumes no liability for, and makes no guarantees or warranties to, the accuracy, validity, legal status, usefulness, safety, or intellectual property rights of, any User Content that You or any other User or third party post or transfer over the Service. You hereby waive, any legal or equitable rights or remedies You have or may have against Woah with respect to such User Content.

6.    RESTRICTIONS ON USE

  1. You hereby warrant that You have the authority to enter into these Terms and Conditions, and that your use of the Service on behalf of any third party is authorized by such third party. If You learn of an unauthorized use of the App by a third party we encourage You to notify us.
  2. You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to: (a) use the App and/or Services in any way that: (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right to privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party;(iii) is illegal or encourages or advocates illegal activity; (b) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (c)contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the App and/or Services and/or any system, computer software, hardware or telecommunications equipment; (d) create a false identity or impersonate another person; (e)“stalk” or otherwise harass another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the Internet; or(f) violate these Terms and Conditions and any applicable law or regulation.
  3. You will not, and will not permit or authorize third parties to:(a) take any action intended to circumvent or disable the operation of any security feature or measure of the App and/or Services; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the App and/or Services, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the App and/or Services, or any part there of; (d) modify, reproduce, or create derivative works from the App and/or Services or any part thereof; (e) access the App and/or Services or Woah’ facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (d) use the App and/or Services in any manner that is illegal or not authorized by these Terms and Conditions.

7.    THIRD PARTIES’ WEBSITES

The App may contain links to other third parties’ websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by Woah and that Woah has no control over them. Woah is not responsible for the availability and/or accuracy and of information on such sites and/or privacy practices or any other practices. Woah does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and. If You choose to visit such third party’s websites, applications or features, or use its products or services, please be aware that such third party’s own terms of use and privacy policy will apply and govern your activities and any information You disclose while interacting with such third parties. Woah does not make any representation or warranty whatsoever regarding such third party’s websites, applications, features, services, products or Content.

8.    USAGE RULES

Since You are downloading the App from a third party platform, service provider or distributor, such as Apple AppStore, Google Play Store, Amazon App store, etc. (the “Platform Provider“). Your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“).It is your responsibility to determine what Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between these Terms and Conditions and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

9.    TERMINATION

Woah may terminate or suspend your license, account and access to the App and/or Services (or any part thereof) immediately, without prior notice or liability. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability)shall remain in full force and effect following termination thereof. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to Woah.

10.    PRIVACY POLICY

Your use of the App may trigger the collection and processing of certain data and other information about You through the App and/or Services. Our collection and use of such information is governed by our privacy policy, which is available at www.woah.ai/privacy-policy (the “PrivacyPolicy”). By using our App and/or Services, You acknowledge that You have reviewed our Privacy Policy and agree to be bound by its terms and conditions.

11.    WARRANTY AND DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE SERVICES AND APP ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. Woah DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. Woah MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE APP, THE SERVICES, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.

12.    LIMITATION OF LIABILITY

IN NO EVENT SHALL Woah, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICES, THE APP, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APP, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER Woah HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF Woah AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN CONNECTION TO YOUR USE OF THE SERVICES OR APP EXCEED THE SERVICE FEE ACTUALLY PAID (IF ANY) BY YOU TO Woah FOR THE SERVICES WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.

13.    INDEMNIFICATION

Upon its first demand, You agree to defend, indemnify and hold Woah, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) your use, misuse of, and/or activities in connection with the App and/or Services; (ii) your violation of any of these Terms and Conditions or any third party rights, including without limitation privacy right, copyright or any other intellectual property rights of a third party; and (iii) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the App. Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by You, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by You without first obtaining our prior express written approval.

14.    REPORTING OF INTELLECTUAL PROPERTY INFRINGEMENTS

If You believe in good faith that any material or content made available on or through the App and/or Services has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof via e-mail (at: support@woah.ai)

1.    MISCELLANEOUS

  1. These Terms and Conditions and its performance shall be exclusively governed by the laws of the State of Israel, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel – Aviv district.
  2. These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Woah with respect to the use of the App and/or Services, and supersede all prior or contemporaneous understandings regarding such subject matter. Woah reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, Woah will post its updated Terms and Conditions on the App. Your continued use of our App and/or Services will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the App and/or Services.
  3. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Woah to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by Woah in writing.
  4. You hereby acknowledge that the App we may consume bandwidth from your mobile data plan in order to upload pics and videos from Your mobile device, as permitted by You in these Terms and Conditions and in our Privacy Policy.
  5. Woah may change, suspend or discontinue the App and/or Services (or any part thereof) at any time, including the availability of any feature or Content, without notice or liability.
  6. Woah may assign at any time any of its rights and/or obligations here under to any third party without User’s consent.
  7. If You have any questions or queries about these Terms and Conditions or our App and/or Services in general, please do not hesitate to contact us via e-mail at: support@Woah.ai.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.