TERMS OF USE
Last updated June
28, 2021
These Terms of Use
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Yubyn Inc. ("Company",
“we”, “us”, or “our”), concerning your access to and use
of the mobile application as well as any other media form, media channel,
website or related, linked, or otherwise connected thereto (collectively, the “App”).
You agree that by accessing the App, you have read, understood, and agree to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason. We will alert you about any changes by updating the
“Last updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the App after the date
such revised Terms of Use are posted.
The information
provided on the App is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the App from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The App is intended
for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the App.
Unless otherwise
indicated, the App is our proprietary property and all source code, databases,
functionality, software, designs, audio, video, text, photographs, and graphics
on the App (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed
to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and
the Marks are provided on the App “AS IS” for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of the App
and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are
eligible to use the App, you are granted a limited license to access and use
the App and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the App, the
Content and the Marks.
By using the App, you
represent and warrant that: (1) all registration information you submit will
be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with
these Terms of Use; (4) you are not a minor in the jurisdiction in which
you reside; (5) you will not access the App through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use
the App for any illegal or unauthorized purpose; and (7) your use of the App
will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the App (or any portion thereof).
USER REGISTRATION
You may be required to
register with the App. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You may be required to
purchase or pay a fee to access some of our services. You agree to provide
current, complete, and accurate purchase and account information for all
purchases made via the App. You further agree to promptly update account and
payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as
needed. We bill you through an online billing account for purchases made via
the App. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in Canadian
Dollars.
You agree to pay all
charges or fees at the prices then in effect for your purchases, and you
authorize us to charge your chosen payment provider for any such amounts upon
making your purchase.
We reserve the right
to correct any errors or mistakes in pricing, even if we have already requested
or received payment. We also reserve the right to refuse any order placed
through the App.
All purchases are
non-refundable. You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied
with our services, please email us at developer@yubyn.com or call us
at 6479684897.
SOFTWARE
We may include
software for use in connection with our services. If such software is
accompanied by an end user license agreement (“EULA”), the terms of the EULA
will govern your use of the software. If such software is not accompanied by a
EULA, then we grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection with our
services and in accordance with these Terms of Use. Any Software and any
related documentation is provided “as is” without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of any Software. You
may not reproduce or redistribute any software except in accordance with the
EULA or these Terms of Use.
You may not access or
use the App for any purpose other than that for which we make the App
available. The App may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the App,
you agree not to:
1. Systematically retrieve data or other
content from the App to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
2. Make any unauthorized use of the App,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
3. Use the App to advertise or offer to
sell goods and services.
4. Use a buying agent or purchasing agent
to make purchases on the App.
5. Circumvent, disable, or otherwise
interfere with security-related features of the App, including features that
prevent or restrict the use or copying of any Content or enforce limitations on
the use of the App and/or the Content contained therein.
6. Engage in unauthorized framing of or
linking to the App.
7. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as
user passwords.
8. Make improper use of our support
services or submit false reports of abuse or misconduct.
9. Interfere with, disrupt, or create an
undue burden on the App or the networks or services connected to the App.
10. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
11. Use any information obtained from the App
in order to harass, abuse, or harm another person.
12. Sell or otherwise transfer your profile.
13. Use the App as part of any effort to
compete with us or otherwise use the App and/or the Content for any
revenue-generating endeavor or commercial enterprise.
14. Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the App.
15. Harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the App to
you.
16. Attempt to bypass any measures of the App
designed to prevent or restrict access to the App, or any portion of the App.
17. Copy or adapt the App’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Delete the copyright or other
proprietary rights notice from any Content.
19. Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
20. Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the App, or using or
launching any unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm,
in our opinion, us and/or the App.
22. Use the App in a manner inconsistent
with any applicable laws or regulations.
23. Upload or transmit (or attempt to upload
or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the App or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the App.
USER GENERATED
CONTRIBUTIONS
The App may invite you
to chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the App, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
App and through third-party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the App,
and other users of the App to use your Contributions in any manner contemplated
by the App and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the App
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the App in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the App.
CONTRIBUTION LICENSE
By posting your
Contributions to any part of the App or making Contributions accessible to
the App by linking your account from the App to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the App.
You are solely responsible for your Contributions to the App and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the App; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you
areas on the App to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language; (3) your
reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7) you
may not post any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject,
or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
MOBILE APPLICATION
LICENSE
Use License
If you access the App
via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms of
Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to
derive the source code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative
work from the application; (3) violate any applicable laws, rules, or regulations
in connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
The following terms
apply when you use a mobile application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the App: (1) the license
granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service; (2) we
are responsible for providing any maintenance and support services with respect
to the mobile application as specified in the terms and conditions of this
mobile application license contained in these Terms of Use or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the mobile application; (3) in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement
when using the mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when
using the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
SOCIAL MEDIA
As part of the
functionality of the App, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party
Account”) by either: (1) providing your Third-Party Account login information
through the App; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of the terms
and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the “Social
Network Content”) so that it is available on and through the App via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the App. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the App.
You will have the ability to disable the connection between your account on the
App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the App. You can deactivate the
connection between the App and your Third-Party Account by contacting us using
the contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the App ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND
CONTENT
The App may contain
(or you may be sent via the App) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the App or any Third-Party Content posted on, available
through, or installed from the App, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the App and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the App or relating to any
applications you use or install from the App. Any purchases you make through
Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We allow advertisers
to display their advertisements and other information in certain areas of the App,
such as sidebar advertisements or banner advertisements. If you are an
advertiser, you shall take full responsibility for any advertisements you place
on the App and any services provided on the App or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that you
possess all rights and authority to place advertisements on the App, including,
but not limited to, intellectual property rights, publicity rights, and
contractual rights. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
We reserve the right,
but not the obligation, to: (1) monitor the App for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the App or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the App in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the App.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy. By using the App, you
agree to be bound by our Privacy Policy, which is incorporated into these Terms
of Use. Please be advised the App is hosted in Canada. If you access the App
from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws
in Canada, then through your continued use of the App, you are transferring
your data to Canada, and you agree to have your data transferred to and
processed in Canada.
These Terms of Use
shall remain in full force and effect while you use the App. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right
to change, modify, or remove the contents of the App at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our App. We also reserve the right to modify or
discontinue all or part of the App without notice at any time. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the App.
We cannot guarantee
the App will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the App, resulting
in interruptions, delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the App at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the App
during any downtime or discontinuance of the App. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the App or to supply
any corrections, updates, or releases in connection therewith.
These Terms shall be
governed by and defined following the laws of Canada. Yubyn
Inc. and yourself irrevocably consent that the courts
of Canada shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these terms.
You agree to irrevocably
submit all disputes related to Terms or the legal relationship established by
this Agreement to the jurisdiction of the Canada courts. Yubyn
Inc. shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if
these Terms are entered into in the course of your trade or profession, the
state of your principal place of business.
CORRECTIONS
There may be information
on the App that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the App at any time, without prior notice.
DISCLAIMER
THE APP IS PROVIDED ON
AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US OR $10.00 USD. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) your Contributions; (2) use of the App; (3) breach of these
Terms of Use; (4) any breach of your representations and warranties set forth
in these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the App with whom you connected via the App.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
USER DATA
We will maintain certain
data that you transmit to the App for the purpose of managing the performance
of the App, as well as data relating to your use of the App. Although we
perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the App. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the App, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the App, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby
waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and
any policies or operating rules posted by us on the App or in respect to the App
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or
use of the App. You agree that these Terms of Use will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the App
or to receive further information regarding use of the App, please contact us
at:
Yubyn Inc.
83 Burndenford
Crescent
Markham L3P7S9
Canada
Phone: 6479684897
developer@yubyn.com