Terms Of Use

1. Changes and Modifications

1. 1.1 We reserve the right to modify, update, or change these Terms of Use at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms in the App or by other means of notification. The "Last Updated" date at the bottom of these Terms will indicate the date of the latest revisions.

2. 1.2. It is your responsibility to review these Terms periodically to stay informed about any updates. By continuing to access or use the App after any changes are posted, you accept and agree to be bound by the revised Terms.

3. 1.3. If we make material changes to these Terms, we may notify you by sending a notice to the email address associated with your account, providing notice through the App, or by other means as required by applicable law. Your continued use of the App after receiving such notice constitutes your acceptance of the modified Terms.

4. 1.4. If you do not agree with the modified Terms, you must immediately stop using the App. Continued use of the App following any changes signifies your acceptance of those changes.

5. 1.5. We reserve the right to modify, suspend, or discontinue the App, or any part of it, at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App or any part of it.

2. Your Privacy Rights

We take your privacy seriously, and our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and protect your Personal Information (as defined in the Privacy Policy). By accessing or using the App, you acknowledge that you have read and understood our Privacy Policy, consent to the processing of your Personal Information as described, and affirm that all information you provide to us is accurate and up-to-date.

3. Intellectual Property Rights and License

1. 3.1. Ownership of Intellectual Property: All content, features, functionality, and other materials available through the App—including, but not limited to, software, design, text, graphics, images, video, information, data, sound files, and other files, and their selection and arrangement (collectively, "Content")—are the property of YUNOAPP LLC, its licensors, or other providers of such material. All rights, title, and interest in and to the App and its Content are and will remain the exclusive property of YUNOAPP LLC and its licensors. The App and Content are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2. 3.2. Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App for personal, non-commercial use, strictly in accordance with these Terms of Use. This license does not include any rights to:

• (a) reproduce, modify, distribute, display, perform, publish, or otherwise make the App or any Content available to any third party;

• (b) create derivative works of any Content;

• (c) use any data mining, robots, or similar data gathering and extraction methods;

• (d) download (other than page caching) any portion of the App, except as expressly permitted by us.

Please note that this license can be revoked at any time, and it does not provide any intellectual property rights beyond what is explicitly stated in this Terms.

1. 3.3. Reservation of Rights: All rights not expressly granted to you in these Terms of Use are reserved by YUNOAPP LLC and its licensors. The use of the App or any Content except as expressly authorized in these Terms of Use is strictly prohibited.

4. User Conduct and Restrictions

1. 4.1 The App is intended for your personal, non-commercial use only. You are not permitted to transfer your rights to use the App to anyone else or to use the App for any commercial purposes.

2. 4.2 We are not responsible for the actions or behavior of any users, whether or not it is related to the App. You acknowledge that your use of the App is at your own risk.

3. 4.3 While using the App, you must adhere to the guidelines outlined in these Terms. These guidelines are intended to protect the rights of other users and third parties, comply with legal standards, and prevent deceptive or unethical behavior.

4. 4.4 The list of prohibited activities and restrictions outlined in these Terms is not exhaustive. User actions or content may be deemed contrary to principles of fairness, morality, or legal norms at our sole discretion.

5. 4.5 When using the App, you are prohibited from:

   • Engaging in threatening, abusive, harassing, or privacy-invading behavior toward any third party, including interfering with another user's ability to use or enjoy our App.

   • Impersonating any person or entity or misrepresenting your identity or affiliations. This includes misrepresenting your professional connections with us or any other party and using our App in a way that implies an association with our products, services, or brands without written consent.

   • Tampering with or bypassing any copyright, trademark, or other proprietary notices on our App or content. You are prohibited from copying, downloading, streaming, capturing, reproducing, distributing, modifying, transmitting, or selling our App or content without express written permission from us.

   • Inserting malicious code or uploading viruses or harmful materials that could disrupt, damage, or limit the functionality of our App or associated systems.

   • Sending, posting, or transmitting content that is illegal, hateful, threatening, insulting, defamatory, infringing on intellectual property rights, invading privacy, or inciting violence.

   • Uploading, downloading, posting, reproducing, or distributing any content protected by copyright or other proprietary rights without obtaining permission from the owner.

   • Uploading, downloading, posting, reproducing, or distributing content that is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, or otherwise harmful.

   • Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.

   • Using any part of the App or content for commercial purposes, including creating derivative works or materials, reselling, redistributing, or any other commercial use of the App or content, whether for profit or not.

6. 4.6 You are responsible for complying with all applicable local, state, national, and international laws, treaties, and regulations while using the App. We reserve the right, at any time and at our sole discretion, with or without prior notice, to suspend or terminate accounts and/or services of users who violate any applicable laws or these Terms, whether through repeated violations or a single instance.

7. 4.7 If you breach these Terms, you forfeit any unused portions of your subscription, and any fees paid are non-refundable to the maximum extent permitted by law.

8. 4.8 If you encounter any content or behavior on the App that you believe violates our Terms or applicable laws, we encourage you to report it to us.

9. 4.9 To report a violation, provide a Notice containing the following:

   • - A detailed explanation of why you believe the content or user behavior violates applicable laws or our Terms.

   • - Identification of any copyrighted work allegedly infringed, if applicable.

   • - A clear indication of the exact electronic location of the content, such as URLs or screenshots.

   • - Your contact information, including your full name, physical address, and email address. If applicable, provide details of your authorized representative.

   • - A statement affirming your good-faith belief that the use of the content is not authorized by you, your authorized representative, or the law.

   • - A statement affirming the accuracy of the information provided in the Notice under penalty of perjury.

   • - Your physical or electronic signature.

   • - Send the completed Notice to us via email at [email protected] or by registered mail to:
     Yunoapp LLC, 18401 COLLINS AVE, SUNNY ISLES BEACH, FL 33160, USA

10. 4.10 We will evaluate your Notice, and if a breach is found, we may take appropriate actions such as terminating the user's account, limiting or suspending services, or removing or restricting the reported content.

11. 4.11. We will inform you of the outcome of our review and any actions taken via email or other provided contact methods. We appreciate your cooperation in helping us maintain a safe and compliant platform for all users.

5. Third-party Websites

1. 5.1. This App may provide Users with access to external resources offered by third parties. Users acknowledge and agree that the YUNOAPP LLC has no control over these external resources and is not responsible for their content or availability.

2. 5.2. Any conditions related to third-party resources, including those governing any potential rights granted in their content, are determined by the terms and conditions of the respective third parties or, where such terms are not specified, by applicable statutory law.

6. Payment Terms and Subscriptions

1. 6.1. Certain features of the App are offered on a subscription basis ("Subscription(s)"). Subscriptions are billed in advance on a recurring and periodic basis ("Billing Cycle"), which can be set to occur weekly, monthly, quarterly, or annually, depending on the plan selected at the time of purchase.

2. 6.2. All payments are handled independently by third-party payment processors. The App does not collect payment details, such as credit card information. Instead, it only receives a notification once a payment has been successfully completed.

3. 6.3. Subscriptions automatically renew at the end of each Billing Cycle under the same conditions unless canceled. Your account will be charged for renewal within 24 hours before the current period ends, and the renewal cost will be specified at that time. Your access to some services of the App will expire at the end of the paid subscription period. Failure to pay the subscription fees may result in the suspension or termination of access without notice.

4. 6.4. You can cancel your subscription at any time by turning off the auto-renewal option through your Apple ID or Google Play account. Cancellation does not entitle you to a refund for the remaining period of the subscription. To avoid charges for the next Billing Cycle, make sure to cancel the auto-renewal in your Apple ID or Google Play account settings at least 24 hours before the current renewal period ends.

5. 6.5. If you made a purchase using your Apple ID or Google Play account, any refund requests will be handled by Apple or Google, respectively, according to their payment policies. Please note that these policies may not always provide for refunds.

6. 6.6. We may adjust subscription fees at any time as permitted by law. Reasonable notice of any price changes will be provided through the App or via email. If you do not wish to accept the new fees, you must cancel your subscription before the changes take effect.

7. 6.7. From time to time, we may offer free trials or promotional offers that provide free access for a limited period. To avoid being charged for a subscription, you must cancel before the end of the promotional or free trial period as outlined in Section 6.

7. Age Restrictions

1. 7.1. To download, install, access, or use the App, you must be of the legal age of majority in your jurisdiction. In most cases, this means you must be at least eighteen (18) years old.

2. 7.2. By using the App, you confirm that you meet the age requirement of your jurisdiction (at least eighteen (18) years old), are an emancipated minor, or have legal consent from a parent or guardian. You also affirm that you are fully capable and competent to understand, accept, and comply with the terms, conditions, obligations, affirmations, representations, and warranties stated in these Terms. If you do not meet these criteria, you should not access or use the App.

8. No Warranties and Limitation of Liability

1. 8.1. By using the App and its services, you acknowledge and agree that your utilization is entirely at your own risk. The services, along with all materials, information, software, and content integrated into the App, are provided on an "as is" and "as available" basis. We make no warranties, either express or implied, regarding the merchantability, technical compatibility, or fitness for a particular purpose of any service, products, or materials provided under these Terms. We do not guarantee the availability, uninterrupted or error-free operation of the functions within the services, the correction of any defects, or the absence of viruses or other harmful components on the services or servers making the service available.

2. 8.2. We bear no liability for any violations stemming from your use of the App, including breaches of intellectual property rights of third parties or unauthorized access by any third party. We cannot ensure that the results of the service will meet your expectations.

3. 8.3. The App may experience periods of inaccessibility or malfunctioning with users' mobile devices, and/or operating systems. We are not liable for any perceived or actual damages resulting from the content, operation, or use of this App.

4. 8.4. To the fullest extent permitted by applicable law, we explicitly disclaim all warranties, whether expressed or implied, written or oral, arising from the course of dealing, performance, trade usage, or other circumstances. These disclaimed warranties include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any notion that your use of the App will result in sales or other financial benefits for you. In any event, our total liability is limited to the greater of the fees paid for paid features or subscriptions in the last 6 months or €100.

9. Indemnification

1. 9.1. You agree to defend, indemnify, and hold harmless YUNOAPP LLC from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from or related to the following (including those resulting from your direct actions on the App or those performed on your behalf):

   1. (I) Any breach of these Terms by you;

   2. (II) Your use or misuse of the App;

   3. (III) Any violation by you of applicable laws, third-party intellectual property or other rights, or any agreements or terms with third parties to which you are subject;

   4. (IV) Any infringement of third-party rights, including privacy or intellectual property rights;

   5. (V) Any unauthorized access to or use of the App using your unique username, password, or other security credentials.

2. 9.2. You agree to cooperate fully in the defense of any claim. YUNOAPP LLC reserves the right to assume exclusive control over the defense of any matter subject to indemnification by you. You may not settle any claim without our prior written consent.

11. Term and Termination

1. 11.1. This Agreement becomes effective when you first use the App and remains in effect until terminated in accordance with these terms.

2. 11.2. YUNOAPP LLC reserves the right to suspend, deactivate, or terminate your account and access to the App at its sole discretion, without prior notice or explanation. This includes blocking access based on IP addresses. We may also remove or block your account information, or data from our App as we deem appropriate. If your access is terminated due to a breach of this Agreement or other flagged conduct, you agree that any fees already paid are nonrefundable, except as required by law. Any outstanding payments related to your subscription will become immediately due and payable.

3. 11.3. You may deactivate or terminate your account at any time for any reason by accessing your account settings or by contacting us as described. If you subscribed through a third-party account, you must follow their cancellation terms and conditions. Upon cancellation, your benefits will continue until the end of the current subscription term, after which your subscription will not renew. Except as required by law or this Agreement, you are not entitled to a refund of fees already paid. Any outstanding payments under your subscription will become immediately due and payable.

4. 11.4. Certain terms of this Agreement, including Sections 9 and 12, that are intended to survive termination will remain in effect after your account is suspended, deactivated, or terminated.

12. Choice of Law and Dispute Resolution

1. 12.1. You agree that: The Terms will be governed exclusively by the laws of England and Wales, as applicable to contracts made and performed in Great Britain and Northern Ireland, regardless of any conflict of law principles;

2. You accept service of process through personal delivery or mail;

3. You irrevocably waive your right to a jury trial and any right to participate in a class or representative action, along with any defenses related to jurisdiction and venue, except as otherwise agreed in writing between you and YUNOAPP LLC. This agreement includes the possibility that an arbitrator or judge, as applicable under these Terms, may consolidate multiple claims or preside over any representative or class proceeding.

4. 12.2. Any claim or cause of action related to your use of the YUNOAPP LLC App must be initiated within one (1) year after the claim arises. All rights and remedies are cumulative and do not affect any remedies available under equity or law. You acknowledge that any breach of these Terms by you may cause irreparable harm to YUNOAPP LLC, and that monetary damages may be insufficient. Therefore, you agree that YUNOAPP LLC is entitled to seek injunctive relief.

5. 12.3. You and YUNOAPP LLC agree that any dispute, claim, or controversy arising from or related to these Terms or your relationship with YUNOAPP LLC, whether based on contract, tort, fraud, misrepresentation, or any other legal theory, will be resolved through mandatory binding arbitration. Arbitration may be waived by mutual written agreement of the parties. If any portion of this arbitration clause is found to be unenforceable by an authority of competent jurisdiction, the parties agree that any remaining disputes will be subject to the exclusive jurisdiction of the English courts, in accordance with the governing law provisions of this section.

13. Miscellaneous

1. 13.1. These Terms supersede any prior agreements between you and us regarding the subject matter herein, including all previous versions. If any provision (or part of a provision) of these Terms is found to be invalid, it will not affect the validity of the remaining provisions. The invalid provision will be modified, interpreted, or replaced to better align with the intended meaning and purpose of these Terms.

2. 13.2. Neither you nor we may rely on any information, whether written or oral, that is not explicitly included or referenced within these Terms. The failure of either party to enforce any term of these Terms does not constitute a waiver of the right to enforce that term or any other term in the future.

3. 13.3. All communications between you and us will be conducted in English. Messages, requests, inquiries, statements, and permissions may be sent through any available means. Notices and reports related to these Terms will be considered received one day after they are sent.

4. 13.4. These Terms constitute an electronic agreement. The electronic form of this Agreement has the same legal effect as if it were signed with a physical signature.

5. 13.5. If you do not agree with any of these Terms or any future changes, you should stop using the App or related materials. If you have started using the App or information materials and later disagree with any changes, discontinue your use and remove any traces of such use from your devices.

6. 13.6. We reserve the right to transfer our rights and obligations under these Terms to a third party, but such transfer will not affect your rights or our obligations under these Terms.

7. 13.7. If any provision of these Terms is determined to be unlawful, void, or unenforceable by a competent authority, the remaining provisions will continue to be valid and enforceable.

14. Contact Us

If you have any questions or concerns regarding this Privacy Policy, please contact us at [email protected].

Last updated: September 12, 2024