Terms & Conditions

1. Scope of the General Terms and Conditions of Use, Amendments

1.1 yuilop s.l. with registered office in Spain (“yuilop”) provides its services (“Service”) subject to the following General Terms and Conditions of Use (“T&C”), which the user recognises through registering for the service. The application of deviating terms and conditions of the user is excluded, even if yuilop does not explicitly reject these. These General Terms and Conditions of Use can be read and called up at any time from www.yuilop.com/intl/terms-conditions.

1.2 Amendments to these General Terms and Conditions of Use will be made subject to observance of the statutory regulations and will be announced at www.yuilop.com/intl/terms-conditions.


2. yuilop Application (“App”)/Service

2.1 Through yuilop App, yuilop offers users a platform for web based and mobile communication within the yuilop community, e.g. with other yuilop users, as well as to external connections via chats, short messaging (“SMS”) or – following explicit approval by yuilop – via voice telephony and/or video telephony. yuilop does not charge the user a fee for use of its services. This does not apply for any costs charged by the user’s mobile telephone provider for data transfer. yuilop can only ensure the free service through revenue from the dissemination of advertising material. Use of the yuilop service therefore presupposes that the user consents to receipt of advertising information. The scope of the free use of the yuilop service is determined on the one hand by the scope of the advertising addressed to the user and, on the other hand, by the user conduct of the individual user and of all users of the yuilop service (“yuilop Community”). In this respect, the user consents exclusively to the sending of advertising information; there is no obligation on the user to purchase or to conclude transactions with advertising partners of yuilop.

2.2 The yuilop service provides the user with advertising information in the form of banners in the App (“pull advertising”) as well as via text or multi-media messages and/or e-mail (“push advertising”). Push-advertising measures presuppose that the user has issued corresponding consent. Here, the user can determine the scope of the advertising information sent as well as the form of technical transmission (e.g. text or multi-media message or e-mail).

2.3 To enable use of the yuilop service, the user is assigned a mobile telephone number for the duration of his participation in the yuilop service. Use of the user’s existing mobile telephone number for the yuilop service is currently not possible. Likewise not possible is the takeover of the phone number following ending of participation in the yuilop service (“phone number portability”). yuilop reserves the right to assign the phone number to another user following ending of use and the expiry of an appropriate waiting period. The yuilop service is not a substitute for a contract for telecommunications services. In particular, emergency telephone numbers cannot be reached via the yuilop service. yuilop can also restrict use of service and/or special telephone numbers within the scope of the yuilop service.

2.4 If the user does not use the yuilop service via the telephone number assigned to him for a period of more than 4 weeks, yuilop reserves the right to withdraw the telephone number assigned to the user and to block it for further use by the user. yuilop will notify the user in text form before withdrawing the telephone number. The notification will take the form of a short message (SMS) to the mobile telephone number provided to the user by yuilop, or to the mobile telephone number indicated by the customer for identification purposes. In the event of withdrawal of the telephone number, provided to the user by yuilop, the user is free to continue in using the yuilop service restricted to the web based communication e.g. chats within the yuilop community or other web based services. With withdrawal of the telephone number the possibility of communication with external connections comes to an end. The user is however free to download the yuilop App again and to continue use of the yuilop service via a new mobile telephone number, being provided by yuilop.

2.5 Responsibility for the advertising information lies exclusively with the respective yuilop advertising partner. yuilop shall provide exclusively the technical transmission of the advertising information. In particular, the transmission of the advertising information shall not constitute any recommendation, guarantee or similar concerning the products and/or services offered by the advertising partner. The advertising partner bears sole responsibility for the correctness, up-to-date status and completeness of the advertising and product information, and for ensuring that the quality of the products and/or services advertised corresponds to the advertising or product information provided.

2.6 In the event of the user deciding to procure products and/or services from a yuilop advertising partner, a contract shall be established exclusively between the user and the yuilop advertising partner; yuilop shall not become a party to any such contract. yuilop draws explicit attention to the fact that the contracts with its advertising partners shall be subject to the partners’ terms and conditions of contract and, if applicable, to their general terms and conditions of business. yuilop has no influence over the general terms and conditions of business of the advertising partners and likewise does not act as their representative.

2.7 The yuilop service is dependent on advance performances by third parties, over which yuilop has no technical influence. An advance performance for the purpose of the above is, in particular, the provision of the communication services by telecommunications providers. Consequently, yuilop cannot exclude temporary restrictions or interruptions of the yuilop service in the event of capacity bottlenecks in the provider networks as well as in the event of faults and/or maintenance work and/or work on technical alterations to the providers’ systems. In so far as possible, yuilop shall inform the user if it becomes aware of any non-availability of the yuilop service and shall require the network operators to rectify faults immediately.

2.8 The user has no entitlement to permanent availability of the yuilop service. yuilop is entitled to restrict and/or discontinue the service, in part or in full, at any time.


3. Use of the yuilop service

3.1 Use of the yuilop service is only possible via the telephone number allocated to the user for the duration of participation in the yuilop service. The user cannot assign the services to third parties.

3.2 The yuilop service does not grant the user any entitlement to the use of a specific contingent of free SMS and/or free minutes. Accordingly, the user is not entitled to compensation from yuilop in the event of termination of the yuilop service or of withdrawal of the telephone number assigned to him for use of the yuilop service.

3.3 In order to optimise the yuilop service for the user, yuilop collects and stores data of the user’s mobile directory and makes it available for the user within the yuilop service.


4. Duties of the user

4.1 The user undertakes to provide all necessary personal data, in particular in connection with registration for the yuilop service, accurately and completely.

4.2 The user will use the yuilop service exclusively for private purposes. The user is prohibited in particular from integrating the yuilop service fully or partially into own or other offers, or from using the yuilop service commercially for own or third party purposes.

4.3 The user undertakes furthermore to refrain from any abuse of the yuilop service. In particular, he undertakes to refrain from

a) circumventing yuilop security precautions and/or
b) using facilities or performing applications which result or could result in damage and/or functional failure of the yuilop service, and/or
c) using the yuilop service for the use of dialers, PIN calls, spamming and/or the provision of added-value services.
d) using the yuilop service above the common practice; such usage is especially reached as soon as the user increases a volume of 1000 Min/SMS per week.

In case of abuse according to art. 4.3 of these general terms and conditions, yuilop is entitled to reduce the usage or to exclude the user from further usage of the yuilop service.

4.4 Finally, the user undertakes not to make unlawful use of the yuilop service and, in particular, to ensure that the contents of his communication do not violate applicable law, statutory and official prohibitions or good morals. The user guarantees in particular that he will not disseminate any discriminating and/or pornographic and/or extremist content within the scope of the yuilop service.

4.5 In the event of claims by third parties against yuilop as a result of violation of the obligations of the user, in particular as a result of unlawful use of the yuilop service, the user undertakes to indemnify yuilop against these claims at the first request. The indemnification also includes any costs of legal pursuit incurred by yuilop as a result.


5. Utilisation period, ending of use

5.1 The user can use the yuilop Service for an indefinite period. He is entitled to end the use at any time without adhering to a period of notice. yuilop is entitled to terminate the service, in part or in full, with a period of notice of 1 week to the end of a calendar week.

5.2 The right of either party to immediate termination for important cause shall remain unaffected. An important cause shall be given for yuilop in particular if

a) the user makes unlawful use of the yuilop service, in particular use in contravention of penal provisions, other legal regulations or in violation of good morals, or in the event of a strong suspicion of such, and/or

b) the user uses the yuilop service for purposes other than private purposes.

6. Liability of yuilop

6.1 yuilop shall be liable for damage caused intentionally or through gross negligence. yuilop shall likewise be liable for damage resulting from culpable injury to life, limb and/or health.

6.2 If the preconditions set out in point 5-1 of these general terms and conditions of business are not given, yuilop shall only be liable in the event of culpable violation of a fundamental contractual obligation (“cardinal obligation”), irrespective of the legal grounds. In such cases, the liability of yuilop shall be limited to the contractually typical, foreseeable damage. Cardinal obligations are obligations whose fulfilment makes correct execution of the contract possible in the first place, and in adherence to which the user can normally trust. As such, these are obligations whose violation would endanger achievement of the purpose of the contract. The contractually typical, foreseeable damage is a maximum of € 500.00

6.3In other respects, liability is excluded. In particular, yuilop shall not be liable for the defective provision of advance performances by third parties as per point 2.7 of these general terms and conditions of business.

6.4 The above limitations of liability do not apply for claims under the product liability act and for claims based on the absence of a guaranteed quality or of an assured feature of the yuilop service. If liability is excluded or limited, this shall also apply for the personal liability of the legal representatives, senior managers or other vicarious agents of yuilop.


7. Protected privileges, data protection

7.1 All brands, industrial property rights and/or logos of yuilop and/or the yuilop advertising partners, shown within the scope of the yuilop service, are the property of the respective entitled party, even if they are not marked with corresponding protection references. Reproduction and/or other use of these brands, protected privileges and/or logos are not permitted without the consent of the respective entitled party.

7.2 Protection of user data is of particular importance to yuilop. As such, the rulings on data protection at yuilop shall apply in extension; the user likewise accepts their application through registration.

7.3 yuilop draws explicit attention to the fact that data of the user will also be stored and processed in other European countries (Spain).


8. Concluding provisions

8.1 Should a provision of these general terms and conditions of business be or become invalid or inoperable, either in part or in full, the validity of the other provisions shall remain unaffected.

8.2 The agreement between yuilop and the user is subject to the exclusive application of German Law, with the exception of the regulations for which international legal systems are applicable (private international law).

Last amended January 2011