TERMS & CONDITIONS FOR YOMENTO MANAGEMENT AB

Update date: October 6 2020

1. General

Please read these Terms and Conditions (“Terms“, “Terms and Conditions“) carefully before using the https://www.yomento.com website and the PLT app (the “Service“) powered by Yomento Management AB, company registration number 559015-5262 with address Kyrkslingan 11, 11 49 Stockholm (“Yomento”, “us“, “we“, or “our“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

2. Content

Our Service allows you to post, link, store, share and otherwise use certain information, text, graphics, videos, or other material (“Content“). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Intellectual Property

The original content of the Service, such as text, trademarks, graphics, logos, button icons, images and compilations thereof, all software used in the Service, and the contents of the offering, belong to Yomento, Yomento’s licensors or suppliers (“Intellectual Property“). The Intellectual Property Rights are protected by applicable laws, including, and without limitation, the Copyright Act and other laws protecting intellectual property and property rights. You undertake to comply with all such applicable laws and not to modify or remove any copyright or ownership notices in such Intellectual Property.

Ownership of all Content belongs to you, or the third party who has the intellectual property rights to such Uploaded Material. You hereby grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable right to dispose of, process, store, publish, distribute, stream, transmit, play, code, copy, present, display and otherwise use Content to provide the Service, or any of our existing or future products or other services.

You warrant that you hold all necessary rights to view and upload Content, to use Content in other ways, and to grant us the license to Content as above.

5. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Yomento.

Yomento has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Yomento shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service. If you want to be disconnected from our database, send us a message on support@yomento.com We will take reasonable measures to ensure that you are you when you request to be disconnected.

If you wish to end your personal subscription connected to your account, please use the appropriate steps in AppStore, GPlay or equivalent app stores (“Appstores”). We do not take any responsibility for issues or matters arising from the Appstores inability to comply with your request, not limited to but including, invoicing or payment matters.

If you, when ending your subscription, want to be disconnected from our database, send us a message on support@yomento.com We will take reasonable measures to ensure that you are you when you request to be disconnected.

7. Network Access 

You are solely responsible for securing your access to the network needed to use the Service. There may be additional costs for e.g. data transfer and messaging services. We do not bear these costs. Furthermore, you are responsible for procuring and updating the hardware or software needed to access the Service.

8. Personal Information

We process personal information that we receive in connection with the use of the Service. The personal data is processed in accordance with our Privacy Policy, available at www.yomento.com/privacy-policy/.

9. Commitments in Relation to Apple and Google

In accordance with the above, you are granted only a limited license to the App. Yomento, its licensors and / or suppliers retain ownership of the App (and any copy of the App). Standard data traffic rates may apply when using the App. 

iOS App

This section sets out the specific terms and conditions applicable to the use of the App in Apple iOS-based Mobile Devices and downloaded through the App Store (“Yomento’s iOS App“).

(i) You agree that the terms of this paragraph apply between you and Yomento (not with Apple Inc).

(ii) You hereby undertake to use the Yomento’s iOS App solely in accordance with Apple Inc’s (“Apple“) at any time applicable terms of the App Store.

(iii) Yomento, and not Apple, is solely responsible for Yomento’s iOS App as well as the Service and Offering available therein. You understand that Apple has no obligation or liability to you with respect to the Yomento’s iOS App or this Agreement.

(iv) Yomento, and not Apple, is solely responsible for and manages any and all claims regarding Yomento’s iOS App or your possession of and / or use of the Yomentos iOS App in accordance with this Agreement.

(v) Yomento, and not Apple, is also responsible for any third party claims regarding intellectual property infringement attributable to the Yomento’s iOS App and your possession of or use of the Yomentos iOS App.

Android App

This section sets out the specific terms and conditions of the use of the App on Android-based mobile devices (the “Yomento’s Android App“) and applies between you and Yomento:

(i) Google Inc (“Google“) provides Google Play, where you download the Yomento’s Android App.

(ii) You hereby undertake to use the Yomento’s Android App solely in accordance with Google’s applicable terms of Google Play.

(iii) Yomento, and not Google, is solely responsible for Yomento’s Android App and the Services and Services available therein. Google has no obligation or liability to you with respect to Yomento’s Android App or this Agreement.

10. Limitation of Liability 

In no event shall Yomento, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. This includes but not limited to any issues connected to the subscription services used by you to access the Service.

11. Indemnification

You are liable to us for any damages incurred by us, or any third party, for your breach of these Terms, including but not limited to the abuse of the App. You further agree to indemnify us in relation to all claims, costs (including reasonable legal costs), damages, expenses, damages and losses that we have incurred in any way due to your violations of these Terms of Use or other applicable law.

In the event that any Content infringes any third party’s intellectual property, you agree to immediately remove all infringing parts of the Content and hold us harmless for all damages, costs and expenses we incur as a result of such infringement.

12. Disclaimer

The Service, including the App, is provided in its existing condition without any guarantees of any kind. Your use of the Service is solely your own responsibility and is done at your own risk. We make no warranties – direct, implied or otherwise – regarding the availability, quality, fitness of any particular purpose, suitability or accuracy of the App or the Service in general.

Yomento, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

14. Changes

We reserve the right to unilaterally change the terms of these Terms of Use from time to time. The terms and conditions are available on our website, www.yomento.com/terms-and-conditions/. If your consent is required because of the changes, we will provide you with further notice as appropriate depending on the circumstances, and request your consent in accordance with the applicable data protection regulations.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

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