Term of Service
Hello and welcome to ymello Terms of Service.
Please, read this Terms carefully. We always try to be straightforward and transparent, but if you have any questions about Terms feel free to contact us at firstname.lastname@example.org
- You must provide us accurate information when you create your account in our Service. Service account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. You may never use another user’s account without permission.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third party. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
2. Your Content
- When you use the Services, we store, process and transmit your User Content. User Content may include but is not limited to: image, text, video, audio and any other materials („User Content“). These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services.
- All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service, and we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances we will be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
- You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
- You agree not to post Content that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
3. Payment, Renewal and Refunds
- After the 7 days of free trial every of our services are paid services („Paid Services“). By selecting an Upgrade you agree to pay us the monthly or annual subscription fees indicated for that service.
- Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Unless you notify us before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- All fees quoted on website ymello.com ("Our Site") or on any sub-pages that are integrated within this website are exclusive of VAT or any other taxes that may be applicable in Your jurisdiction.
- Paid Services will remain in effect until cancelled or terminated in accordance with this Terms.
- You may cancel Paid Services at any time via the Services or by contacting us at email@example.com
- While you may cancel any Paid Services at any time, you won't be issued a refund.
- If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services.
4. Your Right to use
- Subject to these Terms, We give you a non- exclusive, non-transferable, revocable right to use a compiled code copy of the Service for one account. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this right at any time for any reason or for no reason.
- You may not (i) modify, disassemble, decompile, or reverse engineer Service; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party; (iii) make any copies of the Service; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; or (v) delete the copyright and other proprietary rights notices on the Service. You agree that we may from time to time issue upgraded versions of the Service, and mayautomatically electronically upgrade the version of the Service that you are using. You agree to the automatic upgrading and agree that the terms and conditions of these Terms will apply to any upgrades. This right to use is not a sale of the Service or any copy thereof, and ANNULO s.r.o., or its third-party partners or suppliers retain all right, title, and interest in the Service (and any copy thereof). We reserve all rights not expressly granted under these Terms.
- We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
- If you wish to terminate this Terms or your Service account (if you have one), you may simply discontinue using our Services.
- All provisions of this Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Our Rights
- We may use worldwide and free of charge, any version of User Content or any portion of your website that was created by our Service, for the limited purpose of our marketing and promotional activities. For example, we may feature you on our social media accounts. This can result in improved traffic to Your Sites.
- We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content.
- We reserves the right to display attribution text or links in your site footer to our Service. The footer attribution may not be altered or removed.
- We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
- We reserve the right to change our fees to Paid Services at any time. When applicable, we’ll notice you of these fee changes via the Services or email. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
7. Payment processing
- We use a third party highly secured payment processor (the “Payment Processor”) to bill you. For payments proccessing we use Recurly. Recurly is PCI-DDS Level 1 Compliant, it is highest level of security a business can offer.
- The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Terms.
8. Intelectual Property
- All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of us and its licensors.
- The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the our name or any of our trademarks, logos, domain names, and other distinctive brand features.
- Any feedback, comments, or suggestions you may provide regarding to us, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Warranty Disclaimers
- The service is provided on an „AS IS“ and „AS AVAIBLE“ basis.
- We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
- We and our licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
- Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
- You agree to indemnify and hold harmless us, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against all damages, losses and expenses of any kind, including attorneys' fees, arising out of or related to: (i) your breach of this Terms; (ii) your User Content; (iii) any claims from your End Users; (iv) your violation of any law or regulation or the rights of any third party.
- This Terms was originally written in English (US). We may translate this Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
- We welcome any comment, question and communication firstname.lastname@example.org