Terms of Service

Last updated: 20.07.2023

This Agreement ("Agreement") is a legally binding document establishes a legally binding relationship between you (“you”, “User”) and us ("we", "our", "Yollo", "Application", "Service") and governs your use of the Yollo mobile application for Android and IOS platforms, and all related services provided by MERLINESS UG, a registered company located at Taunusstr. 12, 14193 Berlin, Germany ("Application," "Service").

By using the Application, you agree to be legally bound by this Agreement. We reserve the right to modify this Agreement at any time and will inform you of any changes through the website or mobile application. If you continue using our Application after the changes to this Agreement have been posted, you automatically agree to these modifications.

Please note that if you are under the age of 18, you are prohibited from downloading and using our Application. We do not knowingly collect data from individuals under 18. When using our Service, please exercise caution in selecting the information you provide. We may remove or refuse to post any content provided by you, as well as restrict or terminate your access to the Service at our sole discretion, with or without prior notice and without liability, for any reason or no reason at all.

1. General terms

We reserve the right to make modifications to this Agreement at any time and for any reason. We will notify you of such modifications through the website or mobile application. It is your responsibility to stay informed about any changes to this Agreement. By continuing to use our Application after the changes have been posted, you automatically agree to these revised terms.

You must not use the Service if any provision of this Agreement or any part of our Service contradicts your beliefs, views, or preferences, or if you are under the age of 18.

While the use of our Service is free, we offer in-app purchases for additional features that you may choose to avail. Please be aware that we may collect and process data about your usage of our Application, including data related to the viewed content, interactions, account balance, in-app purchases, as well as your software and communication data. For more detailed information, please refer to our Privacy Policy.

2. Posted Content, License to the Content

By uploading any Content on the mobile application or website, you are granting us a non-exclusive, fully paid, worldwide licence to use, reproduce, and publicly display the Content within the Application. This licence includes the distribution of part or all of the mobile application and website by means of various media channels as well as the use of the Content for advertising purposes.

You represent and warrant that you either own the Content you upload to the Service or have the right to grant the licence for such Content. Furthermore, you affirm that your Content does not infringe upon the privacy, copyright, proprietary, or any other rights of any individual or entity. In the event that any royalty or fee is required to be paid to any person in relation to the Content you upload to the Service, you agree to fulfil such obligation. This licence agreement allows us to use your Content in various ways within the Application, while ensuring that you have the necessary rights and permissions for the Content you provide.

3. Forbidden Content

We reserve the right to conduct investigations, initiate litigations or take any legal action at our discretion against individuals who violate the following provisions, including the possibility of removing their profiles from the Service. Content that is forbidden or illegal on the Service includes, but is not limited to:

- Promotion of bigotry, racism, sexism, hatred, intolerance, or any form of physical or mental harm towards individuals or groups;

- Promotion of any illegal activities, including instructions or information related to illegal activities;

- Abusive, defamatory, detractive, threatening, offensive, obscene, harassing, embarrassing, annoying, harmful or pornographic material that may offend human dignity of any individual;

- Material that exploits individuals in a sexual or violent manner or solicits information from minors.

- Solicitation of personal data from other users for commercial or unlawful purposes.

- Junk and spam messages, false or misleading information;

- Unauthorised copies of copyrighted intellectual property.

- Any commercial activities or sales without our prior written consent.

You agree to use the Service in compliance with all applicable laws and regulations. Impersonating another user or individual is strictly prohibited. Advertising or soliciting other users to buy or sell products or services via the Service is not allowed. Similarly, using information obtained from the Service to inflict physical or mental harm, contact, advertise, or initiate commercial activity with any user without their explicit consent is regarded as a violation of this Agreement. To protect users from such activities, we reserve the right to restrict the number of messages a user may send to another user at our sole discretion for any period of time.

4. Forbidden Activity

By accessing and using the Application, you acknowledge and ensure that all information you provide to us is accurate and truthful. You further warrant that you are at least 18 years of age, and your use of the Service complies with all applicable laws and regulations.

The Service is intended for personal use only. You are solely responsible for any Content made available or actions taken within the Service by means of your account. We reserve the right to suspend or terminate your account if you violate any provision of this Agreement, misuse the Service, or engage in actions that we may deem illegal or inappropriate, whether within or outside the Service involving other Users. The following actions in relation to the Service are strictly prohibited:

- misrepresenting or impersonating any private individual or entity;

- soliciting money or personal information from any User;

- abusing, harassing, annoying, embarrassing or otherwise causing any harm to any User;

- use the Service in activities that are or may be deemed illegal under certain jurisdictions;

- posting or sharing any Content the User has no rights or licences to, or any Content that infringes proprietary or any other rights of any party;

- uploading, sharing or applying any device, hardware or software, that may extract, modify or collect data from, frame, mirror, sublicense, transfer, sell, decipher, disassemble, breach the integrity of, destroy, hamper, restrict the functionality or otherwise interfere into infrastructure, network, equipment or operational processes of the Service;

- using any code(including headers, identifiers, meta tags), any software or hardware in a manner that misrepresents any information related to the Service, redirects any person to another service, application, or website for any purpose, or engages in any activity that may cause any liability to the Service;

- applying any hardware or software for automatic posting of the Content or registering with the Service for any illicit or malicious purposes;

- involving other users in concealing the identity, source, or destination of any illegally obtained money, products, or services;

- using personal data of other Users to send unsolicited email or unauthorised linking to the Service;

- posting any Content that may create the impression that we support in any manner your statements or beliefs without our specific prior written consent;

- making available or using in any manner any Content or information obtained from or via the Service other than in relation to your use of the Service and in accordance with this Agreement.

We may suspend, ban, or terminate your account if we have reasons to believe that you have violated any provisions of this Agreement, if your actual location does not match the location you submitted, or if your IP address is continuously changing. You acknowledge and agree that we may access and disclose your account information and the Content you provide if required by law or if such access or disclosure is necessary for reasonable purposes. This includes, but is not limited to, compliance with legal procedures, enforcement of this Agreement, response to any claim, complaint, or request related to the Service or any Content, and protection of the rights of the Service or any other person or entity.

We may monitor any Content you make available on the Service. We reserve the right to remove any Content at our sole discretion if we have reasons to believe that it violates any provision of this Agreement or may cause liability to the Service.

5. Communication with Other Users

Your communication with other Users within and outside the Service are solely your responsibility. We recommend you to exercise caution and refrain from providing any personal or financial information to other Users. While we promote respectful interaction among users, we cannot be held responsible for any behaviour of any User within or outside the Service.

6. Subscription, Virtual currency

The Service offers options for Subscription, by means of which the User is granted access to additional features and functions. To acquire Subscription, you can purchase it through our Service, and the payment will be charged to your specified account upon confirmation. The subscription will automatically renew at least 24 hours before its expiration, unless you disable the auto-renew function in your account settings. You have also options to cancel our subscription at any time. Refunds for or transfer of subscriptions to other users are not permitted. Please note that we reserve the right to modify the subscription price, the features included in the subscription, or discontinue providing Subscriptions at any time.

The Service may include Virtual Currency, which allows Users to access additional functions. You do not actually own the Virtual Currency products when you purchase or receive them, and you cannot transfer them to other users. Your eligibility to use Virtual Currency is verified by the Service. Purchasing Virtual Currency is non-refundable, non-transferrable, and non-sublicensable. The Virtual Currency cannot be exchanged for money or any other monetary value. We reserve the right to suspend, modify or cease using Virtual Currency and related features at any time, without giving you prior notice or options to refund or redeem. In case Virtual Currency is lost or damaged due to software or hardware errors or any other reasons, we are not responsible for repair or redemption. If your account is deleted or terminated for any reason, you will lose all your Virtual Currency without refund or compensation.

7. Agreement Term, Account Management, Modification to this Agreement

All provisions and warranties of this Agreement remain in full force for as long you use the Service.

You have the right to terminate your account at any time. We have the right to charge for the Service, suspend or terminate your account without giving you prior notice, at any time, for any reason, including but not limited to violations of this Agreement or failures to pay for the Service if necessary and as required by this Agreement. This Agreement remains in full force even if we terminate your account.

We may update, change, modify or delete features and functions of the Service and the Application from time to time without giving you prior notice, unless these functions materially affect your rights or obligations. We reserve the right to suspend or cease providing the entire Service at any time and for any reason, and we will inform you on that event unless contrary to the security of the Service.

8. Copyright and Security

Unauthorised posting, reproduction, or distribution of any copyrighted or proprietary material without the prior written consent of the owner of these proprietary rights is strictly prohibited. We reserve the right to suspend or terminate the accounts of Users who violate copyright.

If you have reasons to believe that your copyrighted work has been copied and posted on our Service in a way that infringes your proprietary rights, please contact our support team and provide the following information:

- a signature(electronic or physical) of the person authorised to act on behalf of the copyright owner;

- a description of the copyrighted work that you claim has been infringed, along with the material posted on the Service that you believe infringes the copyrighted work;

- your contact data(including address, telephone number, and email address);

- a written statement from you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

- and a statement from you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

We reserve the right to check the background of our Users by using publicly available records in case it is required by any applicable legislation or any legal investigation, and you agree to authorise such checks.

You agree to be solely responsible for keeping secret of your credentials, as well as for any actions made using your account at the Service. In case of any unauthorised access to your account, please contact our support immediately.

9. Disclaimers and Limitation of Liability

Providing the Service does not imply entering in any kind of agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between the Company and the Users.

You use the Service and consume the Content of the Service at your own risk. You are solely responsible for any loss or damage incurred to you, as well as yours and others’ devices that may arise from using the Service.

Although we strive to provide a secure and error-free Service, we make no warranty that the Service will always function securely and without any errors. We bear no responsibility for any inaccurate Content posted in the Service by users, software, or equipment associated with the Service, as well as for inappropriate conduct or interaction of the Users within or outside the Service or for any problems caused by software or hardware associated with the Service. We are not liable for any loss or damage, including personal injury or death, resulting from the use of the Service, any Content available in the Service, or any interaction between users.

The Service is provided "as is," and we disclaim any warranty of non-infringement. We do not guarantee or promise any specific outcome that may result from your use of the Service, nor do we endorse any third-party advertisements, including the advertised products or services within the Service.

It's important to note that some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.

Our Service shall not be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages or losses that may arise from your use of the Service. Services' liability to you for any cause, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during your use of the Service.

10. Claims and Dispute resolution

Any dispute regarding this Agreement shall be resolved through binding arbitration rather than litigation in any court (except for claims within the court's jurisdiction). All claims or disputes, regardless of their basis or the remedies sought, are subject to arbitration.

You agree to hold the Service, as well as its affiliates, and other related parties harmless and indemnify them from any loss, liability, or claim made by any third party that arises from or is related to your use of the Service in violation of any provision or warranty of this Agreement.

The Application is intended for the User's personal use only and shall not be engaged in any commercial activity unless otherwise allowed by the Service. We will investigate any unauthorised use of the Service and take appropriate legal actions as required.

11. Advertisements

By using the Service, you acknowledge and agree that we, along with our affiliates or related third-party partners, may display advertisements on the Service or use the Content you make available for advertising purposes in our Service, or in the services of our affiliates and third-party partners. Additionally, we may use any feedback you share about any aspect of the Service for any purpose without providing any compensation for you.

You are solely responsible for any kind of communication with advertising parties on our Service. We shall not be held liable for any failure by an advertiser to provide any service or product that you may have ordered from them.

The Service may include links to third-party websites and services. However, we do not control or monitor those websites and services, and therefore we cannot be held responsible for and make no warranties regarding the content on these third-party websites and services.

12. Applicable Law

Yollo is a service, produced and developed by MERLINESS UG, a registered company located in Germany. This Agreement is governed by the German law, which will apply to any claim, complaint or dispute regarding this Agreement within the court’s jurisdiction. You also have the right to resort to any mandatory legislation of the country where you live.

By using the Service, you automatically accept and give your consent to all provisions and warranties of this Agreement. This Agreement constitutes the complete and exclusive agreement between you and the Service concerning your use of our website or mobile applications. The Service's failure to exercise or enforce any right or provision of this Agreement shall not be deemed as a waiver of such right or provision.

13. Contact

If you have any questions, claims or complaints regarding this Agreement please contact us at [email protected].