Yorü App
Terms of Service
Last Updated: August 01, 2024
PLEASE READ THIS DOCUMENT CAREFULLY. Weypro Srl (“WEYPRO SRL “, “we” or “us”) offers an application for virtual eye glasses try on (the “Yorü application “), and online administration platform for manage glasses models through its website located at yorü.com (the “Yorü service”). By registering as a member or by using the Yorü service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and WEYPRO SRL . If you do not wish to be bound by this Agreement, do not use the Yorü service.
Content
- License to Use the Yorü service
- Privacy
- Membership
- Subscriptions and Purchases
- Term and Termination; Account Deletion
- Content Restrictions
- Code of Conduct
- Licenses Granted by You
- Your Representations and Warranties
- Indemnification
- Third Party Copyrights and Other Rights
- Disclaimers
- Limitation of Liability
- General Provisions
- License to Use the Yorü service
LICENSE: WEYPRO SRL grants you a limited, non-exclusive license to access and use the Yorü service for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Yorü service for commercial purpose unless:
- You are a PRO user or higher subscriber.
RESTRICTIONS: Except as expressly permitted by WEYPRO SRL in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Yorü service or any source code therein. Nor will you attempt to circumvent any of WEYPRO SRL ‘s technical measures or take any measures to interfere with or damage the Yorü service. All rights not expressly granted by WEYPRO SRL are reserved.
- Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
- Membership
REGISTRATION: To fully use the Yorü service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to WEYPRO SRL and notify us if your information changes. If you are a business, government, or nonprofit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or nonprofit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must logout of your account after using the Yorü service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
- Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Yorü service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Free accounts may be deleted from the Yorü service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: WEYPRO SRL may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if WEYPRO SRL determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage WEYPRO SRL ‘s reputation and goodwill. If WEYPRO SRL deletes your account for the foregoing reasons, you may not re-register for the Yorü service. WEYPRO SRL may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: In the event of account deletion for any reason, content that you submitted may no longer be available. WEYPRO SRL shall not be responsible for the loss of such content.
- Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any image, text or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
- Code of Conduct
In using the Yorü service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Yorü service (unless you are an official WEYPRO SRL partner or advertiser and have a written agreement with WEYPRO SRL ).
WEYPRO SRL has the right, but not the obligation, to monitor all conduct on and content submitted to the Yorü service.
- Licenses Granted by You
LICENSE TO WEYPRO SRL : As between you and WEYPRO SRL , you own the Glasses model (“models”) that you submit to the Yorü service. By submitting a model, you grant WEYPRO SRL and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your model for the purpose of (i) displaying the model within the Yorü service; (ii) displaying the model on website domains which are registered in your Store registration step; (iii) allowing other users to download, and tryon through Yorü application .
LICENSE TO OTHER USERS: You further grant all users of the Yorü service permission to view your models for their personal, non-commercial purposes.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your models from the Yorü service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed models may be cached in search engine indices after removal and that WEYPRO SRL has no control over such caching.
- Your Representations and Warranties
For each piece of model that you submit, you represent and warrant that: (i) you have the right to submit the content to Yorü service and grant the licenses set forth above; (ii) WEYPRO SRL will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the model does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
- Indemnification
You will indemnify, defend, and hold harmless WEYPRO SRL and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Yorü service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to WEYPRO SRL violates any law or infringes any third party right, including any intellectual property or privacy right.
- Third Party Copyrights and Other Rights
WEYPRO SRL respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at info@yorü.com.
- Disclaimers
WEYPRO SRL reserves the right to modify the Yorü service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Yorü service. WEYPRO SRL has no obligation to screen or monitor any content and does not guarantee that any content available on the Yorü service complies with this Agreement or is suitable for all users.
WEYPRO SRL provides the Yorü service on an “as is” and “as available” basis. You therefore use the Yorü service at your own risk. WEYPRO SRL expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, WEYPRO SRL makes no representations or warranties:
- That the Yorü service will be permitted in your jurisdiction;
- That the Yorü service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the Yorü service or will be stored by WEYPRO SRL ;
- That the Yorü service will meet your business or professional needs;
- That WEYPRO SRL will continue to support any particular feature of the Yorü service; or
- Concerning sites and resources outside of the Yorü service, even if linked to from the Yorü service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Yorü service, and no warranties shall apply after such period.
- Limitation of Liability
To the fullest extent permitted by law: (i) WEYPRO SRL shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) WEYPRO SRL ‘s total liability to you shall not exceed the amounts paid by you to WEYPRO SRL over the one (1) months preceding your claim(s).
- General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of Italy, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: In the event of any disputes arising from the implement of the Agreement, the Parties shall solve the disputes through negotiation in prior, is case the disputes remain unchanged after negotiation, the dispute shall, then, be brought to the competent Court in Vietnam in accordance to the prevailing laws of Italy.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by WEYPRO SRL in exercising any right hereunder will waive any further exercise of that right. WEYPRO SRL rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without WEYPRO SRL ‘s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from WEYPRO SRL electronically. WEYPRO SRL may provide all such communications by email or by posting them on the WEYPRO SRL Service. For support-related inquiries, you may contact us.
Nothing herein shall limit WEYPRO SRL ‘s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by WEYPRO SRL on the Yorü service or a written amendment signed by an authorized representative of WEYPRO SRL . A revised Terms of Service will be effective as of the date it is posted on the Yorü service.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between WEYPRO SRL and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.
