Terms of Use

Last updated - May 11, 2021

These Terms of Use described the legally binding terms and conditions that oversee your use of Younity’s services. BY LOGGING INTO YOUR YOUNITY NETWORK, YOU ARE BEING COMPLIANT THAT THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE NETWORK. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE NETWORK. BY AGREEING TO THESE TERMS YOU AFFIRM YOU HAVE READ AND ACCEPTED THE YOUNITY PRIVACY POLICY (https://younity.io/privacy)

These terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. See our arbitration guidelines below.

Accounts

Account Creation. For you to use the Younity service, you have to subscribe to the service and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by reaching out to the Younity Support team. Younity may suspend or terminate your Account at any time should you utilize it for any illegal activities as stipulated in local and federal laws.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify Younity of any unauthorized use, or suspected unauthorized use of your Account. Younity can not and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Network

Subject to these Terms. Younity grants you a non-transferable, non-exclusive, revocable, limited license to access the network solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the network; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the network; (c) you shall not access the network in order to build a similar or competitive offering; and (d) except as expressly stated herein, no part of the network may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the network shall be subject to these Terms. All copyright and other proprietary notices of the network must be retained on all copies thereof.

Younity reserves the right to change, suspend, or cease your access to the network with or without notice to you. You approved that Younity will not be held liable to you or any third-party for any change, interruption, or termination of the network or any part of it.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, used to build and maintain the network are owned by Younity or Younity's suppliers. Note that these Terms and access to the network do not give you any rights, title or interest in or to any intellectual property rights. Younity and its suppliers reserve all rights not granted in these Terms.

User Content

User Content. “User Content” means any and all information and content that a user submits over the network. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Younity. Because you alone are responsible for your User Content, you may expose yourself to liability. Younity is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the network to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the network any software intended to damage or alter a computer system or data; (ii) send through the network unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the network to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Younity, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the network, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the network; or (vi) use software or automated agents or scripts to produce multiple accounts on the network, or to generate automated searches, requests, or queries to the network.

We reserve the right to review any ilegal network activity, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Account’s access, terminating your Account and/or reporting you to law enforcement authorities.

If you provide Youniry with any feedback, testimonials, or suggestions regarding the network, you hereby assign to Younity all rights in such Feedback and agree that Younity shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Younity will treat any Feedback you provide as non-confidential and non-proprietary.

You agree to indemnify and hold Younity and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the network, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Younity reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Younity. Younity will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The network may host links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Younity, and Younity is not responsible for any Third-Party Links & Ads. Younity provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.

Other Users. Each network user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Younity will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any network user, we are under no obligation to become involved.

You hereby release and forever discharge Younity and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the network. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like any other network, Younity allows the use of third party ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by optimizing our services based on visitors' browser type and/or other information.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Younity made to you prior to the initiation of arbitration, Younity will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or Younity pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Communications Authorization

Communications Authorization. To the extent permitted by applicable law, by enrolling in, registering for, activating, accessing, or otherwise using the Services, you consent to receiving communications from Younity and its authorized representatives related to the Services, including but not limited to onboarding, installation coordination, account management, customer support, billing, maintenance updates, service announcements, marketing communications, promotional offers, and other operational or commercial communications. Such communications may be delivered through any contact method provided directly or indirectly in connection with the Services, including without limitation email, telephone calls, SMS/text messages, push notifications, in-app messaging, and other electronic or physical communication methods. Younity shall remain responsible for complying with all applicable laws and regulations governing such communications, including applicable consent, opt-out, and privacy requirements.