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TERMS AND CONDITIONS

  1. ACCEPTANCE OF TERMS
  2. This Agreement governs the use of the YUNOWAT web application and any other services, software, data, and other materials made available through YUNOWAT’s services. The following Terms of Service are valid for every use of YUNOWAT’s services.


  3. REGISTRATION AND CONDITIONS OF USE
  4. The use of the services requires the registration as a user. The services are offered exclusively to commercial customers, therefore the registration of private persons is not permissible.


    The user is obliged to provide true, accurate, current and complete registration data, and to maintain this by promptly updating the registration data, and other mandatory disclosures including payment information, when necessary. If you provide any information that is untrue, inaccurate, not current or incomplete; or if YUNOWAT has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; YUNOWAT has the right to suspend, or terminate your account and prevent your access to potentially all of the services and, or content (or other users' access to your content), and refuse any future use of the service (or any portion thereof), or content.


    If you are entering into this agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions; you must not accept this agreement, nor use the service.


    YUNOWAT’s services are online services; therefore all communications including notices, or other information will be delivered electronically, or as an announcement via the users account. The user is obliged to ensure that emails sent to the email address specified, can be received and agrees to check his email inbox regularly. The user has to ensure that the settings of his email account are set accordingly, so that YUNOWAT’s emails will not be sorted out by the spam filter.


    There exists no right to register with YUNOWAT. YUNOWAT reserves the right to reject any registration request without stating reasons.


  5. DESCRIPTION AND MODIFICATIONS OF SERVICES
  6. The quality and reliability of the analysis results depend on the quality of the underlying data, and execution of the analysis. The user is solely responsible for both the quality and the execution of the analysis, as he provides the input and performs the analysis. YUNOWAT does not review or assess the data.


    YUNOWAT’s services consist of complex hardware and software components. All components interact with each other and are subject to permanent change due to enhancements; changing legal conditions and security updates. YUNOWAT will execute any adjustment to the hardware and software components in the best technical and professional manner as possible, but cannot guarantee any uninterrupted availability of services. YUNOWAT guarantees an average annual availability of 98% for the service platform.


    If YUNOWAT will offer new services, or advanced functionalities of existing services within the duration of the agreement; then, the same terms of service shall apply to such new or extended services offered by YUNOWAT.


    YUNOWAT is entitled to reasonably adjust the prices of its services due to changes in functionalities of these services at the beginning of the next term. YUNOWAT is obliged to announce such adjustments in pricing in written form stating the reasons for the price changes, at least 30 days prior to the next term.


  7. TRIAL PERIOD
  8. YUNOWAT may offer its users a cost-free and limited version of its services (“DEMO”). This free trial is offered on a temporary basis and automatically ends after the free trial period has expired. If the user purchases a subscription to the service within the duration of the free trial period, the free trial ends with the order of the paid services.


  9. RIGHTS OF USE
  10. The parties agree to grant each other the use of their logo and company name as a reference on the other party’s website, or within company presentations. Each party might decline the use of their logo and company name at any time for a specific case, or generally with effect for the future. An objection requires the written form.


  11. USER OBLIGATIONS
  12. The user is obliged to maintain the confidentiality of his login, password and account details, and shall not disclose this information to third parties. The user is fully responsible for all activities that occur under his password or account. If the user becomes aware or believes that this personal information has been disclosed to an unauthorized third party, then he is obliged to immediately change this data.


    The user is responsible; that he is authorized under the respective legislation and internal company guidelines, to provide YUNOWAT with financial details of the user’s company that YUNOWAT requires, in order to make the requested analysis available. Same applies, if the user assigns YUNOWAT to copy the data stored in the systems of the user, for analytical purposes.


    The user shall instruct YUNOWAT only with legitimate evaluations of data that he has lawfully collected, or otherwise obtained lawfully by the user, or by the user's company. It is the user’s sole responsibility to ensure the compliance with the applicable data privacy laws.


  13. RIGHTS OF YUNOWAT IN CASE OF BREACH OF THE TERMS OF SERVICE
  14. In case a third party can prove credibly that they have been violated in their rights, while YUNOWAT is providing its services on behalf of the user (e.g. due to access to a database, database mirroring or analysis of this database), YUNOWAT is authorized to terminate its services on its own behalf to avoid any liability until the legal situation is satisfactorily clarified.


    YUNOWAT reserves the right to close the account of any user and terminate the contract, in case the user repeatedly breaches or seriously violates this terms of service.


    The claim for fees of YUNOWAT persists in the case of a justified account cancellation, according to the provisions set out above.


  15. DURATION AND TERMINATION
  16. The duration of the booked services is determined by the offer chosen. Normally the duration is one year, two years, or three years.


    The booked services shall extend automatically by the original requested duration, unless otherwise agreed, or terminated by one of the parties in due time. In case the first contract term is more than a year, the renewal period will be one year.


    The notice period for the termination of services is eight weeks prior to the end of the contract for a term of one year, twelve weeks for a term of two years and sixteen weeks for a term of three years.


    Termination must be in writing; transmission via email must be sent to support@yunowat.com. Alternatively, YUNOWAT may entitle its users to terminate their contract via their user account.


  17. TERMS OF PAYMENT
  18. Payment must be made yearly in advance; unless otherwise mutually agreed upon in an order form, or within an individual written agreement between both parties.


    YUNOWAT shall provide the user with an electronic invoice.


    If the user cannot make the payment on the agreed date, YUNOWAT reserves the right to temporarily deny access to the user’s account, and to discontinue the services. YUNOWAT is entitled to demand reimbursement of all costs and expenses arising from the delayed payment of a user.


  19. AVAILABILITY OF SERVICES
  20. YUNOWAT is not responsible for nonconformity with the availability commitments according to section 3.6, if the inaccessibility is based on; force majeure, technical problems on parts of third parties that are not agents of YUNOWAT, or due to an illegal attack on YUNOWAT, or one of YUNOWAT’s commissioned service providers.


  21. LIABILITY
  22. YUNOWAT shall be liable without limitation to pay compensation for violation of contractual and non-contractual obligations, only in case of intent or gross negligence.


    YUNOWAT shall not be liable for breaches of nonessential contractual obligations through simple negligence by its management bodies, executive officers, employees, or other agents.


    The above limitations of liability do not apply to YUNOWAT’s liability with regards to; intent or gross negligence, guaranteed quality features, injury to life, body or health.


  23. DATA PRIVACY
  24. YUNOWAT’s data privacy policy applies to the use of YUNOWAT’s services.


    YUNOWAT creates anonymized user statistics for user-oriented design of services, error detection, and marketing purposes. The user statistics do not contain any personal data of the user, or related data from the user’s databases. The user has the right to object the anonymized analysis of his user behavior in written form, with effect for the future. Such objection shall be sent to support@yunowat.com.


    YUNOWAT is obliged to automatically delete any personal data of the user at latest 30 days after expiration of the contract unless there are legal storage periods in individual cases.


  25. GENERAL
  26. YUNOWAT’s employees are not authorized to make any verbal agreements with the user, which are not conform to these Terms of Service Agreement.


    If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective regulation, an effective regulation whose economic purpose is as close as possible to the parties, shall apply.