yuilop terms & conditions
yuilop is a communication service that allows you to communicate for free with your contacts. In order to use the service, you have to install the yuilop application in your mobile phone. The service consists on the possibility to chat and call your contacts by instant messaging, SMS and voice. Should you subscribe also to the yuilop Plus option a mobile number will be assigned to you (subject to availability in your country). Please check the additional terms that might be applicable in case you subscribe to the yuilop Plus service. What you need to know about the yuilop service before use:
a) No access to emergency services: yuilop does not replace your mobile and / or fix phone service so you should have one of those services to ensure calls to emergency numbers if necessary.
b) Traditional telecommunications services: You need to have a pre-existent subscription with your telecom (fix or mobile) provider to use yuilop. The yuilop service is not a substitute of your telecom service providers such as mobile operators.
c) Jurisdiction: In some countries there are laws that may prohibit, limit or restrict the use of services such as yuilop due to age limits, bans or regulations. If this is your case please do not use yuilop.
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.
1.3 We offer you the Service exclusively as final user, therefore the reselling or commercialization of the Service is strictly prohibited so is the assignment of this contract.
1.4 The Service is not suitable for children below 14 years neither for legal entities and therefore cannot subscribe to the Service. If you belong to any of these groups you may not use the Service.
2. yuilop Application (“App”)/Service
2.1 Through yuilop App, yuilop offers you 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”), via voice telephony and/or video telephony. Some features of the App may not be available at the time you install it.
In general yuilop does not charge you any fee for use of its Service. This does not apply for any costs charged by your mobile telephone provider or ISP for data transfer. Please check with your mobile operator or ISP what is your mobile data plan before using the yuilop Service.
yuilop can only ensure the free service through revenues from the dissemination of advertising material. Use of the yuilop service therefore presupposes that you consent 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 you and, on the other hand, by your conduct of the individual user and of all users of the yuilop service (“yuilop Community”). In this respect, you consent exclusively to the sending of advertising information through the App as this is an essential condition for yuilop to provide you with the Service; there is no obligation on your side to purchase or to conclude transactions with advertising partners of yuilop.
2.2 The yuilop service provides you 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 you have issued corresponding consent by checking the opt-in in the correspondent section within the App. There, you 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).
The yuilop service is not a substitute 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. Such numbers may include without limitation Law Enforcement Agencies, medical care, ambulance or any other emergency number; consequently you may not use the Service for this purpose. You are responsible to acquire or subscribe to a fix or mobile service suitable that offers calls to emergency numbers. YUILOP IS NOT A SUBSTITUTE FOR YOUR FIX OR MOBILE MAIN SERVICES.
2.3 As long as you have “virtual credit” you will be able to send SMS and perform calls. Virtual credit can be re-gain by subscription to yuilop’ partner advertiser campaign, using the Service itself or by other means that yuilop may implement in the future. You can check how the virtual systems work at any time in http://yuilop.com
2.4 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.
2.5 In the event you decide to procure products and/or services from a yuilop advertising partner, a contract shall be established exclusively between you 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, agent or distributor.
2.6 The yuilop service is dependent entirely 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 but without limitation, the provision of the communication services by telecommunications providers (mobile operators, ISPs or others). 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 you if it becomes aware of any non-availability of the yuilop service and shall require the network operators to rectify faults immediately.
2.7 yuilop is entitled to restrict, limit, suspend, intervene and / or interrupt the Service for maintenance purposes or to improve, repair or update the Service. yuilop will make its best efforts to notify you and likewise try to mitigate the inconveniences you may suffer, You have 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 your pre-existent telephone number allocated to you by your mobile operator. Such number will be use as your id in our systems and cannot be changed. You cannot assign the services to third parties. However if you subscribe to the yuilop Plus service a yuilop number will also allocated to you (subject to availability in your country). Please refer to the specific terms of the Plus service for further information.
3.2 The yuilop service does not grant you any entitlement to the use of a specific contingent of free SMS and/or free minutes. Accordingly, you are not entitled to compensation from yuilop in the event of termination of the yuilop service by any cause or of withdrawal of the telephone number assigned to you for use of the yuilop service.
3.3 yuilop checks temporarily user’s mobile contacts directory in order to check which of the user contacts have yuilop installed and to optimise the yuilop service experience. yuilop does not store data of the user’s mobile directory on its servers, only within the local application database on the users secure device.
4. Duties of the user
4.1 You will use the yuilop service exclusively for private purposes. You are 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.
4.2 You undertake furthermore to refrain from any abuse of the yuilop service. In particular but without limitation, you undertake 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 or premium services and/ or
d) using the yuilop service in an abusive way; such usage is especially reached as soon as you increase a volume of 1000 Min/SMS per week and/or
e) using the Service above the common practice and / or above a fair usage or against good morals and/or
f) Committing fraud or using the Service in a way that it might be reasonable to consider so as a sign of fraud.
g) use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
In case of abuse according to art. 4.1 or 4.2 or 4.3 of these T&C, yuilop is entitled to reduce the usage or to exclude you from further usage of the yuilop service and / or even terminate this contract.
4.3 Finally, you undertake 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 or any third party rights. You guarantee in particular that you will not disseminate any discriminating and/or pornographic and/or extremist content within the scope of the yuilop service.
4.4 In the event of claims by third parties against yuilop as a result of violation of your obligations, in particular as a result of unlawful, illegal or fraudulent use of the yuilop service or against these T&C, you undertake 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 You can use the yuilop Service for an indefinite period. You are entitled to end the use at any time without adhering to a period of notice.
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) you make unlawful use of the yuilop service, in particular use in contravention of legal provisions, other legal regulations or in violation of good morals, in the event of a strong suspicion of such, or due to an infringement of point 4.2 and/or in general you do not comply with any provision of these T&C.
b) the user uses the yuilop service for purposes other than private purposes.
c) yuilop license if applicable is revoke
d) the business of yuilop is discontinued, it is not profitable or yuilop is in bankruptcy procedures.
6. Liability of yuilop
6.1 yuilop does not monitor neither control and therefore it has not knowledge of the contents that are distributed through the App by the users of yuilop. People generating and sending such contents are fully and exclusively responsible. Likewise, be informed that you might be exposed to offensive, illegal, obscene, harmful, inacceptable or not suitable for the children content.
6.2 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.
6.3Specially given the Service is provided for free, if the preconditions set out in point 6.2 of these T&C 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 and proved damage. Cardinal obligations are obligations whose fulfilment makes correct execution of the contract possible in the first place, and in adherence to which you 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 € 5000 save as stated in case law or in any other law or statutory regulation.
6.5 In no event shall yuilop be liable for any special, consequential, indirect, incidental damage or any loss of revenue, profit or opportunity.
6.6 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.
6.7 Some jurisdictions do not allow the liability limitations and disclaimers stated in this clause. Therefore some of them might not be applicable to you. If that is the case the liability of yuilop shall be limited as further as legally possible.
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 (i.e. ). 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 and your privacy is of particular importance to yuilop. As such, the rulings on data protection at yuilop shall apply in extension; you likewise accept their application. See more about in our privacy policy.
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 T&C be or become invalid or inoperable, either in part or in full, the validity of the other provisions shall remain unaffected.
8.2 Save otherwise stated in the law of your country, the agreement between yuilop and you is subject to the exclusive application of Spanish Law.
Last amended March 2012