Yaoe | Terms and Conditions
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The Website and Application are collectively referred to as “Platform”.
The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Platform for any purpose.
IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
A. Creating an Account and Conclusion of the Agreement
Notwithstanding anything in the contrary in this Agreement, upon your offer to enter into this Agreement, we may, at our discretion, decide to accept or reject such offer. Unless an explicit declaration of the acceptance is given, our acceptance can be deemed given when YAOE grants the Service offered under this Agreement.
There is no legal entitlement for using the services provided by YAOE. YAOE has the right to stop or deny any registration without giving any reasons.
By the time of sign-up the User must be at least 13 years old and fully contractually capable. In case of doubt YAOE is entitled to ask the individual User to submit a documentary evidence of age or contractual capability.
In order to access or amend the data relating to the YAOE account the User shall access or amend such data within the Existing Account.
During our Services, you remain in control of your Existing Account. Cancelation or termination of our Services has no effect on your Existing Account.
After successful registration the User shall be able to log in for using our Service.
B. Support and Consulting
Usually YAOE does not offer any integration, support and consulting services as part of the Service. Within its sole discretion YAOE may offer support via email or in-Service communications as set forth in detail on the Website.
The User's rights in case of defects of the Service remain unaffected.
C. Rights of Use and Licenses; Open Source
We retain ownership of all intellectual property rights of any kind related to the Website and Service unless explicitly granted to you pursuant to this Agreement.
Upon successful registration for the Service and payment of Fees (as applicable) YAOE hereby grants the User the worldwide, non-exclusive, non-sublicensable, non-transferable right to use the Service for the term and subject to the provisions of this Agreement. User accepts such grant of rights.
The User is aware that the Service contains open source components and such components are governed by the respective open source licenses.
D. Fees and Payment
The Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms listed on the Site, which YAOE may update from time to time. YAOE may add new services for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion. Any changes in fees or charges shall become effective in the billing cycle following notice of such change to you as provided in these Terms. YAOE may lock your account for non-payment at any time. In addition to the amount due for the Services, delinquent accounts or chargebacks will be charged with fees or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees or convenience fees or any other third parties’ charges. You agree YAOE may contact you by electronic mail at the address provided by you to YAOE with respect to any delinquent accounts.
All information provided by you to YAOE in connection with a purchase or transaction or other monetary interaction with the Services must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment method used in connection with the purchase or transaction related to the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to such purchases or transactions.
If the Services are provided for a fee, you will need to provide YAOE with valid payment information. All payment information that you provide to YAOE in connection with a purchase of the Services must be accurate, valid, complete and current information. Your payment information will be automatically charged or billed on a monthly basis for the Services until you provide YAOE with a notice of cancellation. You may cancel at any time by sending written notice to YAOE at 1st floor, 412/A, 24th cross, 18th main, HSR Layout, Sector 3, Bengaluru-560102; provided, however, any fees already processed or paid by you for the Services are not refundable or pro-rated in the event you cancel prior to the end of the month. You agree to pay any and all charges for the Services incurred by your credit card, debit card or other payment method used in connection with the purchase of the Services at the price in effect when the charges were incurred by you. In addition, you will pay any applicable taxes relating to the charges or fees associated with your purchase of the Services.
Our Services are generally available on the Website. Exceptions are: Back-up processes, system maintenance, system or database repair work, unavailability of the third party service for the Existing Account. We try to keep these disruptions on a low level. User's rights in case of defects remain unaffected.
G. Warranty for Material Defects and Guarantees
We are not accountable for defects of Service or defects concerning the rights of Service in case the Service was supplied or provided without payment and the defects have not been left intentionally undisclosed.
We do not offer any guarantees for our Service without an expressly given confirmation.
H. User's General Obligations
True Data and Fair use: You must fill in all required fields in the sign-up sheet truthfully and completely. You must respect and abide by these Terms of Service, especially the obligations for Fair and Acceptable Use set forth in Section I. You are responsible for the content you create, post, upload or otherwise store, make available, or communicate in use of the Service.
Defects and Bug reporting: You agree to support YAOE in removing possible software defects by means such as bugs reporting or providing any information that can help us find source of errors, if you have any available.
I. Fair and Acceptable Use; Indemnification
YAOE Services are to be used for lawful software development, demoing, showcasing or debugging the resulting software and/or teaching software development. Your use of the Services must comply with general fair practices and you must, in particular, not nor allow others through your YAOE account to:
- breach any applicable laws, not limited to a specific jurisdiction;
- post, host, upload, communicate or transmit content that is unlawful, sexually obscene, discriminatory, abusive, libelous, defamatory, fraudulent, harassing, threatening or infringe proprietary rights of any third party or us;
- distribute any malware or other deceitful or destructive content, including, but not limited to viruses, worms, Trojan horses, exploits, or corrupted files, distribution of unsolicited mass communications, advertising or solicitation;
- conduct illegal activities or their promotion;
- interfere or tamper with, violate, disable, impede or circumvent any part of the Service of YAOE and the equipment and services used by YAOE to provide them;
- attack or break into computer systems;
- abuse, scan other computer systems or networks, or place immoderate burden on any computing resources or systems;
- conduct or participate in any manner in peer-to-peer file sharing activity;
- engage in number crunching, data mining, cryptocurrency mining or similar schemes;
- make any use or failure there of which could lead to, create, increase risk of, death, physical injury or health or environmental damage;
- any other activity which can reasonably be deemed an unfair use of the Services.
YAOE workspaces allow you to interact online with other people, computer networks and computer systems. You are solely responsible for this interaction and especially any problems, material or immaterial damage this interaction might cause.Third party claims addressed to us which result from your interactions online or violation of these Terms of Service shall be redirected to you and you shall hold us harmless and indemnify us for any damages, claims, liabilities and expenses, including attorneys’ fees that your interaction causes to others and us provided you are held responsible for such breach.
J. User Data; Indemnification
The User has the possibility within his account to upload content and code, including but not limited to programs, technical data, personal data ("User Data"). The User is solely responsible for this User Data and undertakes not to upload or otherwise use any prohibited content within his User profile in accordance with these Terms of Service. Insofar as the User leaves these User Data to YAOE and its Service, User grants YAOE all rights necessary for the execution of the contractual agreement with YAOE. This includes, in particular, the right to make the corresponding data accessible on the Website displaying them in the User’s account. YAOE hereby accepts this granting of rights.
In the event that User Data is removed from an account or that an account is/was deleted by the User or by us for whatever reason, the rights to such User Data shall expire, except for legal retention periods and the User’s statutory rights for a backup of such User Data.
User is solely responsible for such User Data, especially any copyrights, data protection requirements, problems, material or immaterial damage these User Data might cause. Third party claims addressed to us which result from violations due to these User Data and to these Terms of Service shall be redirected to you and you shall hold us harmless and indemnify us for any damages, claims, liabilities and expenses, including attorneys’ fees that your interaction causes to others and us provided you are held responsible for such breach.
K. Blocking Rights
In addition to our termination rights, we have the right to the following blocking measures:
- In case a User is in breach of Section I. or a reasonable suspicion thereon considering the reasonable interests of the User temporarily suspend providing the entire or any part of the Service to the User; and/or
- In case the User Data (i) violate applicable laws or are subject to illegal activities each to the knowledge of YAOE, or (ii) harm or affect the provision of the Service, related services and networks or the security and integrity of related networks, we may without previous notification block from access and/or execution or delete software or other User Data.
We will inform the User of such blocking measures set forth above without hesitation.
L. Right of Withdrawal and Dispute Resolution
The following provisions of this Section L. shall only apply to Consumers.
Right of Withdrawal
If you are a Consumer, you have the right of withdrawal in accordance with the statutory provisions. In all respects the regulations, which are given in detail in the following instruction on withdrawal, apply to the right of withdrawal.
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Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us to:
1st floor, 412/A, 24th cross, 18th main,HSR Layout, Sector 3,Bengaluru-560102 Phone: +91 9686407478Email: yaoe.iosupport@
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Your right to withdraw from this Agreement expires prematurely if the Services were initiated by us to you only after you as Consumer have expressly agreed that we shall commence with the execution of the contract before expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.
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M. Term and Termination
N. Privacy and Data
Both User and YAOE agree not to, and shall ensure that their employees, agents and advisors do not, disclose to third parties, nor use for any purpose other than as contemplated in these Terms of Service and additional agreements, any confidential or proprietary information arising or disclosed pursuant to the agreement (including but not limited to the Terms of Service, the parties' trade secrets and information not generally known to the public such as business plans, strategies, practices, products, personnel and finances), except: (i) with the prior written permission of the party to whom such information belongs; (ii) where the information is already known to, or obtained by independent means, or independently developed without reference to the other party’s confidential information, by the recipient; (iii) is already in the public domain through no fault of the recipient; (iv) the recipient receives from a third person free to make such disclosure without breach of any legal obligation; . This Section O. shall survive the termination of this Agreement for three (3) years after such termination. Notwithstanding the foregoing, a recipient may disclose confidential information of the other party if required to do so by law, court order or request by any government or regulatory authority. In any of those events, the recipient will in advance and promptly inform the other party about the requirement or respectively the request for disclosure.
P. Terms of Service Changes
We may change these Terms of Service as well as related documentation at any time at our sole discretion. We will inform you at least in text form that the Terms of Service as well as related documentation have been modified and give information when such changes become effective. The respective change will take effect when you do not object the new terms and conditions within four (4) weeks after sending the email. In case you object to the modification within the four-week period, we shall be entitled to cancel the contract with immediate effect, without you having any claims against us. If the contractual relationship after the effective objection by you continues, the previous terms and conditions shall remain in force.
Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
YAOE shall have the right to assign its obligations and duties in this Agreement to any person or entity.
All calls to YAOE are completely confidential. However, Your call may be recorded to ensure the quality of service. Further, for training purposes and to ensure excellent User service, calls from YAOE may be monitored and recorded.