TERMS OF SERVICES
1.1 These Terms of service (hereinafter the "Agreement" or "Terms of service") are entered into by:
The User (hereinafter "you", a "User" or a "Party"):
9, Avenue des Hauts-Fourneaux
Grand-Duchy of Luxembourg
R.C.S. n°: B 205443
TVA n°: LU 29326106
Together referred to as the "Parties".
1.2 This Agreement governs both the acquisition and use of the Services, as defined below.
You expressly acknowledge and agree that you may only use the Services in compliance with the terms of this Agreement.
The User acknowledges and accepts however that certain Services may be subject to specific terms of service in order to use said Services. In this event, the User accepts that such specific terms of service, once accepted, will become part of this Agreement. By accepting this Agreement, by clicking on the "I agree" button / by using the Yotako Services, you agree to be bound by the terms and conditions of this Agreement. Please read this Agreement carefully prior to using the Services. These Terms of Service were updated on June 13, 2017.
2.1 "User Account" or "Account" means the personalized access granted to the User in order to use Yotako Services.
2.2 "Services" or "Yotako Services" means the software application and related services provided by Yotako and granted to the User.
2.3 "User’s Works" or "Works" means elements created by the User such as Designs or Code elements uploaded into Yotako or created through Yotako. Such Works remain the User property and Yotako does not claim any Intellectual Property Rights for them.
2.4 “Your Data”, “User’s Data” or “Data” means any Data or information provided or made available by User to Yotako in the context of the provision of the Services;
3.1 The use of Yotako Services requires to create an Account and provide information by filling a form to allow User identification.
You commit to provide Yotako with correct and comprehensive information and maintain up-to-date information by using the Account settings, to which registration gives access.
3.2 An email address and password give access to Yotako Services as well as to the User Account. Your password is strictly personal, and should not under any circumstances be shared with or disclosed to third parties.
You are personally responsible for the identification details and must use them in accordance with the provisions of these Terms of Services. Each User shall hold Yotako harmless from and against any wrongful use of his identification details and/or resulting in a loss arising from said identification details, whether or not fraudulent, caused by the User's own acts or omissions, or those of a third party.
By using Yotako Services you acknowledge that the Services are provided on a "fair use" basis. As such, the Services may be subject to limitations, including technical limitations if you do not comply with reasonable industry standards while using the Services.
5. Proprietary Rights
5.1 Yotako’s Intellectual Property Rights.
Yotako is the sole holder of the Intellectual Property Rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on the Services (hereinafter “Yotako’s Intellectual Property Rights”). They may not be reproduced without Yotako’s express consent.
5.2 Third partie's Intellectual Property Rights.
Without prejudice to article 5.1 and Yotako's Intellectual Property Rights, logos and graphics hold by third parties companies may be displayed online by Yotako in a purpose of example only. Yotako does not claim any right related to such reproduction and the related companies remain the only holders of potential Intellectual Property Rights.
5.3 User’s right of use and restrictions.
User is granted a right to use Yotako’s Intellectual Property Rights for the sole and exclusive purpose of using the Services under the conditions set out in this Agreement.
User agrees that it i) may not use in any way the Services in violation of any applicable laws (including any applicable local laws where User is located) and in particular applicable Intellectual property laws, in violation of this Agreement or in violation of any Terms of Service applicable, ii) may not give access to its Account iii) may not make any permanent copy of, or make derivative works incorporating any of the elements of, or reverse-engineer or decompile or try to access and/or modify in any way the source codes of any software made available by and/or protected by Yotako’s Intellectual Property Rights.
Furthermore, User may not i) use the Services for any illegal or unauthorized purposes nor, ii) access and use the Services in order to build and/or make available in any way any similar or competitive Services, or iii) use the Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive use, or otherwise fails to comply or is inconsistent with any part of this Agreement, and/or iv) use the Services to create, store, use, reproduce or disseminate infringing or otherwise unlawful Data, information or content or Data, information or content that violate any third party’s rights such as privacy or Intellectual Property Rights, and/or v) engage in any activity that: (a) interferes or attempts to interfere with the proper functioning, or disrupts, diminishes the quality, of the Services, (b) circumvents, disables, or otherwise interferes with security-related features of the Services or features that enforce limitations on use of the Services.
Yotako reserves the right to notify any competent authority of any action or conduct of User while using the Services or User’s Data that Yotako may deem to be unlawful or infringing, without any prior notification to User.
5.4 Licence Granted to User
Yotako does not claim any Intellectual Property Right for elements imported into Yotako by the User or created through Yotako. User’s Works, including the code generated from such Works remain the User property.
Yotako may terminate this Agreement with immediate effect, without recourse to the courts in the event of:
- Any unauthorized use of the Services or of Yotako Intellectual Property Rights made or permitted by you; or
- Without prejudice to the above, any breach by you of any of the terms and conditions of this Agreement; or
- If Yotako is forced under a judgment, court order, regulation or change in law or law practice to stop the provision of the Services.
Upon termination for any reason, User shall immediately cease using the Services and Yotako reserves the right to block access to User’s Account and to delete any data put in and/or stored by User within its Account.
7.1 Neither Party may use the other’s Confidential Information, as defined below, or disclose it to any other person for any purpose other than performing this Agreement.
7.2 Confidential Information includes, inter alia, trade secrets, any source code of any software used within or in relation to the Services, any financial information concerning the Parties, any information regarding Yotako’s or the User’s business or activities, as well as any information that, by nature or given the circumstances of its disclosure, should be understood to be confidential.
8. Warranties and Liabilities
8.1 Yotako’s warranties and disclaimer.
Yotako warrants that it has the power and authority to enter into this Agreement. The Services are made available on an “as is” basis. Yotako does not warrant that they will operate error-free or in an uninterrupted manner or that their content shall meet User’s requirements or expectations or that they will fit any particular purpose. User is responsible for ensuring that the Services meet its requirements.
8.2 Liability, limitations and exclusions.
User is solely responsible for obtaining, subscribing, installing, maintaining and operating all adequate software (such as its browser), hardware or other computer equipment or web solution (such as setting-up an internet connection or subscribing to a cloud storage solution) necessary for the use of the Services.
User acknowledges that the internet is not a totally stable or secure environment. As such, Yotako may not be held liable for any defects or delays in the Services arising as a result of any problem associated with the internet.
In no event shall Yotako be liable towards User or towards any third party for any indirect damage, in particular, but not limited to, damages resulting from the loss of Data or loss of profits arising under or in connection with this Agreement, or from or in connection with the use of the Services, or in connection with any other service provided under or in connection with this Agreement.
User agrees to defend, indemnify, and hold Yotako and its managers, affiliates and/or employees, harmless from and against all claims, suits, proceedings, losses, liabilities, damages, costs and expenses (including any legal fees) (hereinafter the “Claim(s)”) made against or incurred by Yotako arising out of User’s use of the Services if such use and/or conduct and/or action is found to breach User's obligations under this Agreement, or to violate any applicable laws, or to infringe any third party rights, including Intellectual Property Rights.
In the event Yotako receives any Claim from a third party as specified above, Yotako reserves the right to block User’s access to its Account and/or delete all or part of the infringing or unlawful Data, Works or content.
10. Force Majeure
Neither Party shall be held liable in reason of a breach caused by force majeure event, such as natural disasters, wars, government actions, failure of third-party telecommunications or others services, general or local unavailability of telecommunications or the internet network, fire, flood, explosion, armed hostilities, acts of terrorism, strikes and blockade, and as defined by the Luxembourg civil Code
11. Data protection
12.1These General Terms of Services are governed by the laws of Luxembourg. Any dispute relating to their interpretation and/or their execution shall be referred to the Luxembourgish jurisdictions excluding any other competent jurisdiction
12.2The Parties are independent contractors. Nothing in this Agreement shall be construed as creating any relationship of any sort between the Parties other than the one expressly provided by this Agreement, including without limitation any sort of partnership, joint venture, agency, or employment relationship
12.3In the event that one of the Clauses of the General Terms of Services is held to be invalid, the Parties hereby agree that the other Clauses of the General Terms of Services shall remain valid and that the Terms of Services will remain in full force and effect.
12.4User undertakes to notify Yotako immediately of any change in its contact details by providing its updated contact details at: firstname.lastname@example.org.
User undertakes to notify Yotako immediately of any change in its contact details by updating its User Account. User expressly agrees that it will be reachable at all times via the contact details provided to Yotako and agrees that it shall be deemed to be reachable at all times via said contact details.