Terms of Use

TERMS AND CONDITIONS
Welcome to Yumzi and thank you for visiting our website.
When you use our services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our Services.
These Terms and Conditions of Service and Use are hereby made effective “Yumzi” or “we” or “us” or “our "or “Site” or “Company”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Yumzi, hereby amend and restate any such prior terms and conditions.

SECTION 1- ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and this website, you hereby agree, 
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Yumzi, as each may be amended or supplemented from time to time in our sole discretion without notice; 
(c) that your use of our services and our website shall comply with all applicable national, federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.

SECTION 2- PROPRIETARY RIGHTS
As between Customer and Company, all rights, title and interest in all Customer Data and Customer Property, including any and all IP Rights therein, are the sole property of Customer, and except as expressly provided for in this Agreement, no rights are granted to Company in Customer Data or Customer Property.

All rights, title and interest in the Service and all Company Technology, including any and all IP Rights related thereto, are the sole property of Company or its licensors. All rights in and to the Service or Company Technology not expressly granted to Customer in this Agreement are hereby reserved by Yumzi and its licensors.
Customer acknowledges and agrees solely in connection with Company’s provision of the Service, Company is hereby granted a limited, revocable, nonexclusive, internal, and royalty-free license, solely during the Service Term to host and maintain Customer Data and Customer Property for the strict limited purposes of delivering the Service to Customer and supporting Customer’s use of the Service as described herein. (By way of example, Company is permitted to store, maintain and display within Customer’s Service platform any logos provided by Customer to ‘brand’ Customer’s instance of the Service platform.)

SECTION 3- PROHIBITED CONDUCT 
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of these Terms and Conditions;
Not to issue chargeback disputes against us;
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof.

SECTION 4- THE SERVICE
Yumzi will make commercially reasonable efforts to make the Service available to Customer in accordance with the Service Level Agreement, and will make updates or enhancements to the Service from time to time.

Yumzi will provide the Support Services ordered by Customer and described on the applicable Order Form. Customer agrees that all Support Services will be coordinated through Customer’s system administrator(s), and that Company shall not have any obligation to handle inquiries or requests directly from Users.

Company will take commercially reasonable precautions, including the use of industry standard virus protection software and other customary procedures, to screen any software used by it in implementing and operating the Service, platform and websites, and to avoid introducing, and it will not knowingly insert, or knowingly allow to be inserted, any Disabling Devices into any software or platforms used by it in providing the Service hereunder. 

SECTION 5- PRICING 
Unless otherwise expressly stated, all prices shall be in Dollars (USD). In the event that duties are introduced or changed after the conclusion of an Order, the Company shall be entitled to adjust the agreed prices accordingly.

Product and service descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website, please let us know.

Prices for the services are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.

SECTION 6- MEMBERSHIPS AND SUBSCRIPTIONS
Our Services come with a 14-day free trial period, after which you can start your subscription by providing or designating a payment method, you authorize us to charge you on a recurring subscription fee at the then current rate. We reserve the right to adjust pricing for our subscription plans in any manner and at any time as we determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your subscription will take effect following email notice to you. 

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate.

Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including for membership purchases, must be made with your valid credit card or debit card or other available payment method, the information of which may be kept on file by us or by our payment processors.

SECTION 7- PAYMENTS AND REFUNDS
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Downgrading your Subscription may cause the loss of Content, features, or capacity of your Account. Yumzi does not accept any liability for such loss.

If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time. Membership is void where prohibited by law.

SECTION 8- REMOTE CONNECTION
If appropriate, Customer will cooperate with our team to allow and enable us to perform support services via remote connection using standard, commercially available remote-control software. Customer will be solely responsible for instituting and maintaining proper security safeguards to protect Customer’s systems and data.

SECTION 9- AVAILABILITY
In rare cases Yumzi servers can face downtimes due to unforeseeable reasons, which might result in interruption in your services. Yumzi will not be responsible for any server downtime, and is not liable for any monetary compensation for lost revenue.

If requested and required, Customer must make available to our team a technical representative during support hours of coverage for all Issues. We reserve the right to suspend all work relating to any issues during periods for which the Customer does not provide access to a technical representative or requested data to continue to work on the issue.

SECTION 10- REFUSAL OF YOUR ORDER 
While we will use our best efforts to fulfil all service requests, we cannot guarantee the availability of any particular service displayed on the Site. We reserve the right to discontinue the sale of any service listed on the Site at any time without notice.

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

SECTION 11- ONLINE PAYMENTS
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

SECTION 12- EXTERNAL LINKS 
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

SECTION 13- LIMITATIONS ON USE
You may not reproduce, reverse engineer, resell, or distribute our products or services for any purpose unless you have been specifically permitted to do so under a separate agreement with Yumzi. You may not sell or enable any third parties to resell the services purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.

SECTION 14- INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SECTION 15- DISCLAIMER OF WARRANTIES
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE DO NOT:
(I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR SERVICES
(II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.

SECTION 16- LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

SECTION 17- CONFIDENTIALITY
Each party (“Receiving Party”) agrees to keep confidential all technical, product, business, financial, and other information regarding the business and software programs of the other party (“Disclosing Party”), its affiliates, customers, employees, investors, contractors, vendors, and suppliers (the “Confidential Information”). For clarity, the term ‘Confidential Information’ does not include any personally identifiable information. Obligations with respect to personally identifiable information (if any) will be set forth in a separate written agreement between the parties. Receiving Party shall at all times to use all reasonable efforts, but in any case no less than the efforts that Receiving Party uses in the protection of its own Confidential Information of like value, to protect Confidential Information belonging to Disclosing Party and agrees not to disclose, give, transmit, or otherwise convey any Confidential Information, in whole or in part, to any third party, except that each party may disclose any Confidential Information to its directors, officers, and employees (and in the case of Service Provider, to its Subcontractors, as well) provided that such directors, officers, employees, or Subcontractors are bound by confidentiality conditions as restrictive as those contained herein. Receiving Party shall not, by authorized or unauthorized access, review, reverse engineer, disassemble, or decompile any Confidential Information. Except as provided hereunder, Receiving Party agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of the Disclosing Party and will not copy, duplicate, or in any manner reproduce any such copyrighted materials. Upon request of Disclosing Party or upon termination of these Support Terms, the Receiving Party shall promptly deliver to the Disclosing Party any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof) that are in its possession or control. Within seven (7) days of termination of these Support Terms or upon request by the Disclosing Party, the Receiving Party shall return or destroy all Confidential Information of the Disclosing Party. If Confidential Information is destroyed rather than returned, the returning party shall certify such destruction. Each party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the other party imminent irreparable injury and that such party shall be entitled to, in addition to any other remedies available at law or in equity, seek temporary, preliminary, and permanent injunctive relief in the event the other party does not fulfil its obligations under this Section.

SECTION 18- TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the services at any time. We may restrict, suspend or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

SECTION 19- COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. 

SECTION 20- WAIVERS
​Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

SECTION 21- FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

SECTION 22- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with Austrian laws, and the courts of Austria will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

SECTION 23- BINDING ARBITRATION AGREEMENT
In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by mandatory, binding arbitration. The parties agree that the arbitration shall be administered by the Austrian Arbitration Association (“AAA”) pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not any attorneys’ fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury or to use the court system except to enforce this section. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.

SECTION 24- COPYRIGHT
©2024 Yumzi. All rights reserved. All materials presented on this site are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

SECTION 25- MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

SECTION 26- ACCEPTING THIS TERMS OF USE
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.