General Terms and Conditions
Yappr, mobilne internetne storitve, d.o.o. (short company name Yappr d.o.o.),
Rusjanov trg 5,
1000 Ljubljana, Slovenija,
Company registration number: 7238835000
Tax identification number: SI 82178321,
Preamble and definitions
- Yappr d.o.o. (hereinafter respectfully: “we”, “us” or “Yappr”) provides and offers an interactive mobile platform to connect dog owners (“Owner” / “Customer”, respectively “User”), help their dogs socialize, ease their everyday dog related erunts with the help of geolocation and obtain other dog related information such as: what kind of dogs are located in the desired place, what are the potential behavioral specifics of the individual dog, is their dog a suitable partner for play or socializing and other possibilities. Dog owners can also keep track of favorite dog playgrounds in parks or other recreational or suitable areas as they are being added to the platform and rated by other users. Yappr also enables dog owners to mark parts or areas with possible hazards for dogs, which other Yappr users are able to see in the Yappr mobile application’s (the “Application”) geolocation service and act accordingly. Yappr also connects other dog related services and products.
- We reserve the right, in our sole discretion, to revise, modify or update these General Terms and Conditions at any time (including in order to remove functionality), and you agree to be bound by any revisions or modifications that we make. Therefore, please review these General Terms and Conditions on a periodical basis. Your continued use of the Services after any change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
- Your use of the Services is subject to the conditions of these General Terms and Conditions. Currently, we make the Services available free-of-charge to you, but may start charging for the Services, or any part of them, in our sole discretion. In order to use the Services, you must be 18 years of age or older, or have the permission of your parent or guardian. You may not use the Services if you are not allowed to do so by law or regulation. You may not provide access to or use the Services for the benefit of third parties. You also may not use any or all of the content we provide in order to create a database, whether in print or electronically. You may, however, use the Services in connection with your own leisure and non-professional activities.
- You may register to use Yappr application by creating an account or logging in through Facebook. Dog Owners may register their dogs and provide one or more cell-phone numbers (including cell-phone numbers of family members and other dog walkers) for optimizing geolocation services. By providing us with the various cell-phone numbers you represent and warrant that you have been granted the right to provide us with such cell-phone numbers. We may change the method of registration at our discretion. By registering through Facebook you represent and warrant that the Facebook account is yours and you have full rights to provide us with the information in this account. We may refuse to allow any User to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Services, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.
- Yappr reserves the right, in the case of reasonable suspicion of misuse or misuse of purpose (in particular recording movement patterns of third persons), to block the users access to the Services temporarily or forever.
- Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these General Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com.
Termination of Account
- We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these General Terms and Conditions, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other Users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at firstname.lastname@example.org
- In addition, if we believe, in our sole discretion, that a violation of these General Terms and Conditions or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of these General Terms and Conditions or illegal and inappropriate behavior through the Services. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated these General Terms and Conditions or to have engaged in illegal behavior.
- You may request termination of your account at any time and for any reason by sending an e-mail to email@example.com. Any suspension or termination of your account shall not affect your obligations to us under these General Terms and Conditions (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
- Service Providers: Service Providers may advertise their goods and/or services in Yappr Application and/or our Service. They may be required to pay the amount as described on a separate quotation or price list that we provide. This quotation or price list may be available at an Internet location that we provide to the Service Provider (a “Quotation”). In the event of any conflict between these General Terms and Conditions and the express terms of any Quotation, the express terms of such Quotation shall govern. Service Providers will be solely responsible for any taxes with respect to payments or services. The goods and/or services of Service Providers may be rated on the Services and Yappr reserves the right to delist and/or terminate the account of any Service Provider who has received low ratings and/or for any reason in its sole discretion. Yappr will not refund money received from a Service Provider who has been delisted and/or whose account has been terminated.
- Owners: Dog Owners register their dogs and may upload content such as their dogs’ pictures and their own contact information. We may provide them with listings, including location based listings, of available goods, services and offers (including coupons and/or vouchers), as provided by Service Providers and/or other third parties. While our basic Services are currently provided free-of-charge, certain additional, premium services may be offered for a fee (the “Premium Services”). Examples of such Premium Services including the expansion of the geolocation services or geographic scope for which a lost dog posting shall be publicized. We reserve to change and/or cancel any and all Premium Services without prior notice.
- Both Service Providers and Owners: Our Services provide Users with a virtual marketplace and platform for the sharing of information and experiences and for the purchase of value added goods and services from Service Providers and/or third-party vendors. Our Service facilitates communication among Users by allowing them to message each other at the initiating User’s mobile carrier rates and on terms determined separately between the User and the carrier. Users are solely responsible for any carrier charges incurred and we have no responsibility for such charges or other matters relating to sending the messages. Links available on the Services provide you with access to third-party websites that are not managed by or affiliated with us. Please note that we may stop providing or change such links at any time at our sole discretion. While we make efforts to provide you with a comprehensive and ever growing list of goods and services, we cannot and do not represent or warrant that the goods and/or services will reflect your tastes or needs, nor do we make any representation with regard to the quality of the goods and/or services and/or their terms of delivery which are solely the responsibility of the third parties, such as the Service Providers with whom we partner. You must do your own additional research, contact all relevant Service Providers and/or third parties and use your common sense before making payments or reservations.
- We cannot and do not take responsibility for any information, goods and/or services provided by Service Providers and/or our partners, by the websites to which they link, or by other third-party websites, as well as for any actions you may take or payments or reservations that you may make with Service Providers and/or our partners through the Services and/or through any third-party websites, including those of Service Providers and/or our partners. Any activities on any third-party websites are governed by their Terms of Service and Privacy Policies, which we recommend that you review. We cannot and do not take responsibility for the safety or security of any of activities, services and/or goods recommended on our Services as well as on those websites to which we link or on any third-party websites, including those of Service Providers. We do not represent and are not connected to any of the websites, activities, services and/or goods that might be recommended on our Services as well as on those websites to which we link or on any third-party websites and are not liable for any of their actions. Everything that you decide to do in connection with your dogs is your sole responsibility.
- Service Providers: If you agree to offer any goods or dog care related services, you agree to make your best efforts to provide such goods and/or services at the location and time that have been agreed. You shall make best efforts to provide goods and/or services in accordance with the standards in the field of animal care. You are responsible for compliance with any applicable laws, regulations or rules. Any violation of by you of these requirements may result in an immediate termination of your account and the forfeiture of any amounts paid through the Service.
- Owners: If you are a dog Owner, you agree to make your best efforts to honor the terms of any agreements reached with Service Providers. For example, if applicable, you agree to meet the Service Provider at the location and time you have indicated and provide any necessary information regarding your dog, as well as access to your dog. Any violation of these requirements may result in an immediate termination of your account and the forfeiture of any amounts paid through the Service.
- Both Service Providers and Owners: Notwithstanding the above, Yappr cannot and does not assume any responsibility or liability in respect of the actions or omissions of any Service Providers and/or Owners. PLEASE BE AWARE THAT YAPPR HAS NOT INVESTIGATED THE BACKGROUND, HISTORY OR NEEDS OF ANY SERVICE PROVIDERS, OWNERS AND/OR DOGS AND DOES NOT HAVE THE TECHNICAL CAPABILITIES TO DO SO. YAPPR HAS NOT PERFORMED ANY CRIMINAL BACKGROUND CHECKS OF ANY SERVICE PROVIDERS AND/OR OWNERS AND DOES NOT HAVE THE TECHNICAL CAPABILITIES TO DO SO. YAPPR DOES NOT KNOW WHICH DOGS MAY BE SICK AND/OR DANGEROUS AND/OR WHICH DOGS MAY HAVE SPECIAL NEEDS. AS SUCH, YOUR OFFER OR ACCEPTANCE OF ANY SERVICE PROVIDER AND/OR THIRD-PARTY SERVICES or services provided by YAPPR IS AT YOUR OWN AND/OR AT YOUR DOG’S RISK. Please be aware that Yapprs’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request.
- Use of some of the Services may be subject to payment, both to Yappr and/or to any third party. Yappr may revise prices at any time without notice and may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any Services ordered if full payment is not timely received.
- You are solely responsible for any taxes on amounts you may pay or obtain through the Service. Yappr will deduct applicable charges and taxes from any payable amounts, as required by law. Late payments shall be subject to a late fee of 10% per annum or, if lower, the highest amount permitted by applicable law.
- We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. Suspicious, unauthorized and/or criminal activities will be notified to the respective authority or criminal prosecution.
- In order to make our Services more dynamic and useful, we may allow you to post photographs, comments, ratings or reviews or other Submissions to the Services and our forums. “Submissions” means anything material that a User transmits to the Services or to another User while using the Services, including any text, audio or visual material. Please remember that you are responsible for any Submissions you post or transmit. Therefore, you represent and warrant that your Submissions do not infringe the intellectual property, moral, publicity or privacy rights of any third party, and that you have full rights to post or transfer such Submissions. We do not pre-screen Submissions. However, we do reserve the right, at our sole discretion, to remove any Submissions that we believe violate the letter or spirit of these Terms.
- We do not claim ownership of your Submissions. However, by sending any Submissions you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, reproduce, publish, display and distribute Submissions in any manner whatsoever, in or out of context, in all languages, in all media, including for our promotional purposes. In short, if you submit something to us, we may use it.
- We have certain rules for using our Services or making Submissions. Therefore, you agree that you will not:
- solicit another person’s password or other personal information under false pretenses,
- impersonate another User or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another User, to us, or otherwise,
- violate the legal rights of others, including defaming, abuse, stalking or threatening Users,
- infringe the intellectual property rights, privacy rights, or moral rights of any third party,
- post or transmit any Submission that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material,
- violate any applicable law, rule or regulation,
- publish falsehoods or misrepresentations,
- post or transmit any Submission that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services),
- post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component, malware or software,
- circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content,
- use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index or data-mine the Services.
- You may not, nor may you assist other parties to:
- copy, modify, or create derivative works of the Services,
- reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, including our proprietary algorithm,
- attempt to disable or circumvent any security mechanism of the Services.
- We do not endorse any Submission or any opinion, recommendation, or advice that a Submission may include, and expressly disclaim any and all liability in connection with Submissions. We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to these Submissions. Please realize that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to such Submissions. Notwithstanding the above, we have no tolerance for objectionable user-generated content and/or Submissions which do not comply with our code of conduct as stated above or other generally accepted moral standards. We employ moderators to remove inappropriate Submissions and to block and/or terminate the Accounts of offensive Users. If you see objectionable Submissions on the Site and/or Services, you may flag such Submissions and report the Users who have made such Submissions. We will respond to valid User flags or reports by our moderators without hesitation by removing such offensive Submissions and/or terminating the Account of the User who provided the offensive Submissions.
- Yappr owns the Services, including any material or content made available through the Services, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
- These General terms and conditions are an agreement between you and Yappr. Apple has no responsibility for the Application or the content of the Application, including in respect of claims of intellectual property infringement, product liability or that the Application does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Application and has no obligation to provide support in respect of the Application. All claims in respect of the Application must be directed to Yappr and not to Apple. Your use of the Application must be in compliance with the App Store Terms of Service, and you may only use the Application on an iPhone or iPod that you own or control as permitted by such terms. In the event the Application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the Application to you. Apple shall be a third party beneficiary of these General Terms and Conditions with the right to enforce these Terms against you.
No Warranties; Disclaimer
- Your use of any aspect of the Services is at your own risk. You must do your own research and make any decisions regarding your dogs based on that research. We cannot and do not accept any liability in respect of any activities that you may undertake through the Services.
- We make no representations or warranties whatsoever in respect of the Services. Information regarding various pet services and products, and otherwise may be provided by third parties, including Apple Maps, Google maps as well as by other Users of our Services. We cannot accept any liability whatsoever in respect of any content or Submissions which are provided by third parties or by other Users of our Services. Any actions you take based on the recommendations provided by the Services regarding your dog, with respect to the provision of goods and/or services or otherwise are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the Services to ensure its currency and/or accuracy. To the maximum extent permitted by applicable law, everything available on or through the Services is provided to you “AS-IS” and “As-Available” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Services. We disclaim any implied or statutory warranties (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information in the Submissions at any time without prior notice. We do not warrant that any description provided through the Services regarding pet goods and services or otherwise is accurate, complete, reliable, current, safe or error-free. We are not responsible for the use of any personal information that you disclose on the Services or through any Submissions. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users).
- In addition, Yappr provides a platform through which Owners and Service Providers may connect and offer and accept goods and/or services, but it is not a party to such arrangements. Yappr cannot and does not accept any responsibility for the actions of any Owners and Service Providers or other Users. We disclaim all liability for the Service Provider’s failure to satisfy his/her obligation to provide goods and/or services as may be agreed. We disclaim all liability for the Owner’s failure to satisfy his/her obligations with respect to the goods and/or services as may be agreed. If you use the Services and agree to enter into any agreements, then you do so at your own risk and Yappr shall have not have any liability therefor.
- No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these General Terms and Conditions. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
- To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site, Services, Submissions or content. In any case, our entire liability under any provision of these General Terms and Conditions shall not exceed amounts paid by you directly to us for the use of the Services hereunder. As such, if you have not made any payments to us in order to use the Services, we shall not have any liability to you whatsoever.
- In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to Users or to any person’s mobile device or computer related to or resulting from participation or use of the Services. Under no circumstances shall we be responsible for any loss or damage, including personal or animal injury or death, resulting from use of the services, whether online or offline, or in connection with dog related services, while using the Services.
Exclusion of Liability
- In no event shall Yappr be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of any potential animal related incidents, transmitted diseases, unwanted breeding or other.
- In no event shall Yappr be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of any animal to human or animal to animal or human to human or other cases of inflicted damage. Yappr states that its provision of services especially with respect to animal or dog related information is merely of informative nature and does not constitute any binding obligation or other legal grounds between Yappr and you or any third party.
Services Availability / Warranty / Liability
- Yappr does not guarantee the constant availability of its services. Downtimes due to maintenance, software updates, and circumstances (such as mobile data transmission technical issues, network coverage issues, connectivity issues, availability issues with one or more mobile service providers) are outside Yappr’s direct control and, therefore, permanent uptimes cannot be guaranteed. The User declares that he does not assert claims for damages and / or warranty claims for non-culpable losses. Even if a potential downtime (of at least 24 hours) is caused by Yappr, the user is not entitled to any possible fee reduction claim or indemnification.
- Although Yappr makes every effort to provide the user with a secure data connection, Yappr makes no representation that the transport of data via third-party systems, in particular the Internet or telecommunications networks, will not be tracked, recorded or falsified by third parties.
- The use of Yappr is explicitly voluntary and exclusively at the User’s own risk. This is applicable to:
- the usage of any hardware used by the user, including (but not limited to) the particular smartphone or browser;
- the downloading of his own content or the content of a third-party; as well as
- any usage of content, data or information provided by Yappr. The user expressly acknowledges that such data could potentially be erroneous and Yappr, to the extent permitted by law, assumes no responsibility for the accuracy of such data.
- Furthermore, Yappr makes no warranty for external links, banners or other information and promotional offers that can be placed for the user. Legal transactions that occur between the user and a third party provider (eg via linked pages or banners) lead to contractual relationships exclusively between the user and the third party provider. Tractive assumes no responsibility for the services of third parties.
- Except as required by law, Yappr will not be liable for any damages that may result from the use of content made available through the online and mobile services or other forms of use of the online services. This also applies to damage caused by errors, technical problems, viruses or data loss.
- The User indemnifies Yappr from all claims that third parties make against Yappr for any violation of their rights by content posted by the user within the Yappr network or through any other use of the Yappr network’s available applications. The user assumes the costs of a necessary or only appropriate legal defense of Yappr including all legal fees and legal fees in the statutory amount. This does not apply if the infringement is due to no culpable behavior of the User.
- In the event of a third party claim, the user is required to promptly, truthfully and completely disclose to Yappr any information that is necessary for an examination of the claims and a defense. Further compensation claims of Yappr against the user remain unaffected.
- You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these General Terms and Conditions by you or anyone using your computer, mobile device, password, Facebook account or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third-party intellectual property right or moral right; or (e) any other matter for which you are responsible under these General Terms and Conditions or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
- Under the Copyright and Related Rights Act of Slovenia that regards copyrights, it is our policy to respond to copyright owners who believe material appearing on the Services infringes their rights under Slovene copyright law. We accept no responsibility or liability for any Submissions, or any material provided or posted by a User. All damages arising from the copyright infringement should be indemnified by the respective User. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice. Be aware that there can be substantial penalties or damages for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices to firstname.lastname@example.org.
- These Terms shall be governed by the law of the Republic of Slovenia exclusive of its choice of law rules. Your conduct may also be subject to other local, state, European and national laws. Any action to be brought in connection with these General Terms and Conditions, the Site and/or the Services shall be brought exclusively in the court located in Ljubljana, and you irrevocably consent to its jurisdiction.
- Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these General Terms and Conditions is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these General Terms and Conditions shall remain in full force and effect.
- Nothing in these General Terms and Conditions creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these General Terms and Conditions, these General Terms and Conditions constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these General Terms and Conditions shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these General Terms and Conditions does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these General Terms and Conditions may be provided to the e-mail address or other contact information you have provided to us.
- All declarations of a legally binding nature based on these terms and conditions must be sent to the last known address of the other contracting party. If a declaration is forwarded to the last known address, it is deemed to have been received by the respective contracting party.
- The transfer of individual rights and obligations from these terms and conditions is only allowed with the written consent of the other contracting party.