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2. Description of the Services
2.1. The Site and Yeymo App give you the opportunity to use Yeymo software for online project management. The Services referred herein include, and are limited to, the use of the Site, Yeymo App, and their functionalities.
2.2. Yeymo provides the Services on an “as is” and “as available” basis. Therefore, your use of the Services is at your sole risk. Yeymo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Without contradicting the above, if maintenance work is necessary and if the Services are not available for maintenance reasons, we will duly inform you. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which the Services cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
2.3. Yeymo does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
2.4. You understand and agree that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Services.
3. Your use of the Services
3.1. You agree to use the Services only for purposes permitted by these Terms as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. It is your responsibility to ensure that your use of the Site, Yeymo App, and the Services does not contravene applicable laws, rules, or regulations, as well as any third-party rights.
3.2. You agree not to access (or attempt to access) any of the Services by any means other than through the means that are provided by Yeymo. You must not transmit any viruses or other harmful, disruptive, or destructive files.
3.3. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Yeymo App, or any other Yeymo service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services without the express written permission by Yeymo.
3.4. You expressly understand and agree that Yeymo shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, reputation, use, data or other intangible losses (even if Yeymo has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.
3.5. Yeymo does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on the Site or Yeymo App breaches national law of any country. Those who access this Site or Yeymo App do so on their own initiative and are responsible for compliance with their national laws.
3.6. Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted.
3.7. If you violate these restrictions, we will be entitled to issue you a warning, temporarily block your use of the Services or, if appropriate, to fully exclude you from their use. We are entitled to remove illegal content immediately.
4. Identity of Users
Technically, we are not capable to definitively determine whether a registered user on the Site or Yeymo App actually has the identity they claim to have. We therefore cannot guarantee the correct identity of any user.
5.1. In order to use the Services, you must have a valid account (“Account”) created by a user of the Site or the Yeymo App, where you may use to create, update, share and publish information, data, text, messages or other materials (the “Content”). When you are using the Services on behalf of an organization or entity (“Organization”), you are agreeing to these Terms on behalf of the Organization. In that case, “you” and “your” may refer to the Organization.
5.2. To acquire an Account for the Services, you must provide a valid email address and any other information requested in order to complete the signup process. Access or attempt to access any of the Services by way of automated means is forbidden.
5.3. One person or Organization may maintain more than one free Account.
5.4. You are responsible for maintaining the security of your Account and password. Yeymo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: firstname.lastname@example.org.
5.5. You are responsible for all Content posted and activity that occurs under your Account. Yeymo may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, or otherwise objectionable or violates any third party’s intellectual property or these Terms.
6. Enterprise Accounts
Certain features are only accessible to users who have registered as Enterprise users and who pay for Enterprise Accounts. You will find all the benefits and features of Yeymo Enterprise Accounts on the Pricing page.
6.1. Payment and Invoicing
Payment for using Yeymo Enterprise Accounts is made in accordance with the invoicing conditions selected by you.
Prices of applications of third-party providers or external developers are determined explicitly by them.
Charges are due at the beginning of each invoicing period. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax.
You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this Agreement with our written consent.
6.2. Default of Your Payments
If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your Enterprise Account. If your Account is considerably in arrears, we will be entitled to terminate the Agreement without notice. A “considerably” is defined as the amount of one payment. In this case, you will remain obliged to reimburse the outstanding amount.
The amount of damage is to be set higher or lower if we or you are able to prove greater or lesser damage.
We reserve the right to assert further claims for default of payment.
7.1. Subject to these Terms, your Content may be used in any manner that has been authorized by you. It is your sole responsibility to determine what additional limitations, if any, are placed on the use of the Content distributed within your working group. If you obtain unauthorized access to materials created or used by others outside of your working group in conjunction with the Services, you have no right to use such materials in any way. You also acknowledge and agree that Yeymo has no liability of any kind should members of your working group, other persons whom you have allowed to have access to your Content or any third party modify, destroy, corrupt, copy, or distribute your Content.
7.2. You may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third-party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and Content you provide. We do not examine whether Content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
7.3. You have the option of uploading a profile picture and, as indicated, other Content in your profile. Before you upload any document, you must ensure that you are the owner of the exclusive usage rights of the document and that making the document publicly available is not against any laws, moral standards and/or the rights of third parties.
7.4. You may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to the Site or Yeymo App if you have the consent of each person.
7.5. You, as well as we, can delete or replace photos or other pictures at any time. In particular, we are entitled to remove pictures or files without prior warning if and when there is good reason to believe that publishing them on the Site or Yeymo App violates the law, moral standards and/or the rights of third parties.
7.6. Content posted on the Site or Yeymo App may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.
8. Content Backup
You will take the necessary measures according to your own risk assessment to regularly back up the data and Content you have entered, uploaded and stored on the Site or Yeymo App, and create your own backup copies in order to guarantee reconstruction of the data and Content in case of data loss.
9. Software Updates of the Services
9.1. You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.
9.2. If you download the Yeymo App, it may automatically download and install subsequent updates for this app from Yeymo App. These updates are designed to improve, enhance and further develop the application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Yeymo to deliver these to you) as part of your use of the Yeymo App and the Site.
10. Term of Your Agreement and Termination
10.1. Free Use of the Services
The Agreement on free use of the Services is for an indefinite period.
You can terminate the Agreement at any time by sending a request for deletion at email@example.com. On termination, unsecured data will be lost as we will delete your account completely. We will inform you of this again separately before we delete your account.
We can terminate this Agreement in writing with a notice period of two (2) weeks (email will be sufficient).
10.2. Use of Enterprise Accounts
Depending on the Enterprise Account payment method, the Agreement is concluded for an indefinite term or for a given fixed minimum term. Both parties may terminate the Agreement at any time.
Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with the provisions under Section 10.1. above or by downgrading it to free use. If you terminate or downgrade an Enterprise Account, the original Agreement will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
Downgrading your Account and Services may cause the loss of Content, features or capacity of your Account. Yeymo does not accept any liability for such loss.
10.3. Just Cause
In addition, the Agreement may be terminated for just cause. Just cause, which would entitle Yeymo to terminate the Agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3 and Section 7 or if you are delayed with your payment obligations in accordance with Section 10.2
11. Liability for Defects
11.1. We are only liable for defects in the Services in accordance with this Section 11 provided the impairments are not due to the restrictions in availability described in Section 2.2.
11.2. A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with Section 10.2 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.
11.3. You must inform us of the defect in writing or by email immediately.
11.4. You are not entitled to damages due to a defect to the Services due to a circumstance for which we are not responsible, either existing when you sign the Agreement or occurring thereafter.
11.5. Further claims and rights for defects to the Services—other than those explicitly named in this section—will not be recognized except if we are held liable for them by statutory provisions.
12.1. Free Use of the Services
Our liability for use of the free Yeymo product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.
12.2. Use of the Enterprise Accounts for Payment
We will be liable as follows for use of Enterprise Accounts made available against payment:
- Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms are those obligations that make the due performance of this Agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.
Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.
12.3. Claims in accordance with the Bulgarian Consumer Protection Act will remain unaffected.
12.4. The restrictions of Sections 12.1 and 12.2 will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.
You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to the Site or Yeymo App. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of the Services. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
14. Newsletters and notifications
In the event that when creating an Account, you have given consent by marking the appropriate field that you wish to receive unsolicited commercial messages, Yeymo will include you in the list of subscribers for electronic newsletter and unsolicited commercial messages.
The refusal to receive newsletters and/or unsolicited commercial messages may be made at any time by clicking on a link contained in any electronic message to refuse to receive unsolicited correspondence. Yeymo warrants not to include in the newsletters and/or notifications any other advertising material that relates to a third party that is not a commercial partner of Yeymo or whose services are not offered on the Site or Yeymo App at the time of sending the newsletters and/or notifications.
In the event that you consider that the content sent in any way by us violates copyright or other intellectual property rights, you should inform us at firstname.lastname@example.org.
15. Data Protection
If you are a visitor, user or customer of any of our Users, please read the following: Yeymo has no direct relationship with the individual Users-of-Users whose personal information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your personal information, please contact such User(s) directly. For example, if you wish to access, correct, amend, or delete inaccurate information processed by the Site on behalf of its Users, please direct your query to the relevant User (who is the Controller of such data). If requested to remove any Users-of-Users, we will respond to such request within thirty (30) working days.
16. Third Party Products
This Site may provide links to other websites and/or third-party products and Services that are not under the control of Yeymo. Yeymo shall not be responsible in any way for the content of such third-party materials. Yeymo provides such links only for the convenience of the users of the Site, Yeymo App and the Services, and the inclusion of any link to any third-party materials does not imply endorsement by Yeymo of the content, products and/ or services of such third-party materials. Notwithstanding any provision to the contrary herein, nothing in this Terms shall be construed as to grant you any rights or licenses with regard to such third-party materials or to entitle you to use such third-party materials.
17. Intellectual Property Rights and Content Ownership
Copyright, trademark and all other proprietary rights in the Site, Yeymo App (including but not limited to software, services, audio, video, text and photographs) and/or the Services rest with Yeymo and/or its licensors. Unless otherwise specifically provided herein or authorized by Yeymo in writing, all rights in the Site, Yeymo App and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site/Yeymo App, its products or the Services.
Yeymo hereby disclaims any rights to trademarks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation third party material or otherwise provided on this Site/Yeymo App are the properties of their respective owners. Yeymo disclaims any proprietary interests in the intellectual property rights other than their own.
Yeymo claims no intellectual property rights over the material or Content you provide via the Services. Your Account and Content uploaded remain yours.
You shall defend Yeymo against any claim, demand, suit or proceeding made or brought against Yeymo by a third party alleging that your Content, or your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Yeymo for any damages awarded against, and for reasonable attorney’s fees incurred by, Yeymo in connection with any such claim, demand, suit or proceeding.
By agreeing to these Terms, you consent to Yeymo contacting you via the means given through your contact details (e.g. email, contact form etc.) with respect to issues related to the use of the Site, Yeymo App and the Services.
If you want to send us notices or service of process, please contact us via email at: email@example.com.
19. Changes of the Terms
We may modify these Terms or our other policies at any time upon notice given by any of the following means: through the Site / Yeymo App or after you log in to your Account or by email communication to the email you provided to us for contact. Failure to provide or maintain accurate current contact information by you will not obviate your responsibility to comply with the Terms as amended from time to time. Your continued use of the Site, Yeymo App or our Services after we send a notice about our changes to the Terms means that you are consenting to the updated Terms.
Yeymo may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms without Yeymo’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
21. Governing Law and Dispute Resolution
21.1. These Terms are drawn up and will be interpreted in accordance with the Bulgarian law.
21.2. If you have no place of jurisdiction in Bulgaria or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this Agreement will be the location of our registered offices.
21.3. These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
21.4. Any disputes arising out of or relating to this Agreement or any additional agreements thereto, including disputes arising out of or relating to interpretation, invalidity, non-performance or termination, shall be resolved by mutual consent. If no agreement is reached, disputes will be resolved by court order, in accordance with the provisions of the Bulgarian law.