TERM OF USE AND PRIVATE POLICY

  1. INTRODUCTION

Y STAR – COMUNICAÇÃO DIGITAL LTDA, legal entity of private law, headquartered in Avenida Brigadeiro Faria Lima, 2055-3rd floor, Cj. 31, Room D, Jardim Paulistano – São Paulo – SP-CEP [ZIP CODE] 01452-001, registered in the CNPJ [Corporate Taxpayer’s Registration] under the number 30.782.317/0001-98, is the Developer and owner of all the rights of the YOOU Application. Its mission is to develop digital solutions with innovative designs, providing culture, entertainment and connectivity to millions of people through fun and easy-to-use tools.

It displays in the items that follow all the Terms and Conditions of Use of YOOU application and also its Privacy Policy.

If you have any questions, please contact our support in the Options menu, or by referring to the F.A.Q. (Frequently Asked Questions).

  1. SETTINGS

Mobile Application or Application (APP):  refers to any computer program used for a specific function on mobile devices, such as tablets and smartphones. Available through specific Operating Systems, they lend themselves to goals previously established by their developer.

Data:  any information entered in the Mobile Application, be it in written, audio, video or audiovisual form.

Support:  answering service for questions regarding the installation and use of the Mobile Application.

Data Holder: The legal entity or individual to whom the personal data is related to.

User:  any individual or legal entity who makes use of this Application.

  1. YOOU PRODUCT

3.1. YOOU is an Application developed for Android and IOS Operating Systems that run as a social network of digital cards, in which the USERS can create their personal cards in digital format for free.

3.2. YOOU is an environment for sending, receiving and storing a limited amount of personal and third-party digital cards by reading QRCode, WhatsApp, SMS, Email, Approach Technology and social networks. Contacts exchanged or received from third parties will be available in invitations received from the YOOU contact list, and once the permission requested by the Application, after the acceptance of the contact, will be synchronized automatically on your smartphone's agenda.

  1. REGISTRATION

4.1. For the use of this Application, the USER must register being civil and criminally liable for the information and data provided in YOOU.

4.2. The Developer reserves the right to refuse any request for registration and to cancel a previously accepted registration, in its sole discretion and without prior notice, with no indemnity or reparation for the cancellation of any registrations or inability to register.

  1. FIRST ACCESS TO YOOU

5.1. To access YOOU for the first time, the USER must download the Application from the Apple Store or Google Play, install it on his smartphone, log in through the suggested social networks or other available means, complete the personal registration, register his/her professional cards (may also register the company), choose the Subscription Plan according to his/her needs or opt for the use of the free plan, that for a period defined by the Developer, the USER may have functionalities released for trial., and therefrom, begin to exchange contacts with third parties using the features of YOOU. It is also recommended, to have read these Terms of Use because, when you log in, you will be in accordance with our Privacy Policy and Terms of Use.

5.2. All data entered in the Application, in addition to being the sole responsibility of the one that inserts them, are also the guarantee of their individual access, since all log records will be stored for the period of at least six months, as provided for in Art. 15 of the Law 12.965/2014 – Civil Landmark of the Internet.

5.3. The access code is personal and non-transferable. Never share it with third parties to prevent operations from being performed by another person on your behalf.

  1. OVERVIEW OF FEATURES

6.1. The features of YOOU will be made available according to the version and plan contracted by the USER, which are conditioned to the offer selected by the latter, respecting the requirements of systems described and other conditions provided for in these Terms.

6.2. The USER will have access to YOOU according to the features and features of the contracted offer. If the USER is interested in acquiring a new offer other than the one originally contracted, he/she must undertake a new contracting, according to the guidelines indicated in the Application.

6.3. By accepting these Terms, the USER acknowledge that YOOU may contain some or all of the features described below, in accordance with the version and offer contracted by USER, not possessing the developer any responsibilities regarding the availability of any other features not indicated in the description of the offer selected by the USER.

6.4. In order to always have the most current and appropriate offer to the USER, YOOU may change the portfolio of services and features of the available versions at any time and from now on the USER states to be aware and agree with it.

6.5. The access code is personal and non-transferable. The USER is liable for maintaining the confidentiality of the access codes received from the Application, as well as is fully liable for all activities carried out through these access credentials. The developer shall not be liable for any loss or damage arising out of or relating to unauthorized use of the USER‘s account, including, but not limited to, the possibility of the application being accessed using the code of access received by the USER.

6.6. By accepting these Terms, the USER represents that is aware that he/she must have all the information he/she want to enter or share in the Application, and yet, that:

  1. When deleting Content in the "Remove Card" feature, it cannot be recovered later;
  2. By sharing content and/or other information with third parties, the USER acknowledges that the applications involved and YOOU consist of independent platforms, not assuming the developer any liability for the information shared with those people.

6.7. The “Personal Card” feature allows the creation of your personal business card, with name, phone, WhatsApp, e-mail, personal photo, address, social network links, image and video content files.

6.8. The “Business Card” feature allows the creation of your personal business card, with name, phone, WhatsApp, e-mail, business photo, company’s data, social network links, image and video content files.

6.9. The “My Contacts” feature allows the view your network of added contacts, limiting the visualization by the amount allowed by the purchased plan and blocking the other contacts by inclusion in chronological order.

6.10. The “Send Card” feature allows the exchange of cards between YOOU contacts, and sharing with new USERS who are not YOOU yet. The card exchange is not limited by plan purchased.

6.11. The "Physical Card Scan" feature allows to import data from business cards, limiting the scanning of new cards by the amount allowed by the purchased plan.

6.11.1 Due to different resolutions of cameras of smartphones, as well as different models of letters and provisions of physical cards, it will be up to the USER to check if the scan correctly imported the data and edit them whenever necessary.

6.12. The "QRCode Reader" feature allows to read the YOOU card from another contact and add it to your YOOU contacts list.

6.13. The “Card Links” feature allows USERS to call, open an address Application, access the website, WhatsApp, send an e-mail to the selected card’s contact.

6.14. The “Social Network Icons” feature allows USERS to contact social networks: LinkedIn, WhatsApp, Skype, Instagram, Twitter, Facebook, YouTube and Pinterest from the selected contact card, as well as scheduling a meeting.

6.15. The USER acknowledges that general practices and limits regarding the use of such features may be set, including, but not limited to, (i) forecasting the amount of storage and access to features according to the offer contracted by the USER; and (ii) limit of access to the number of contacts and features after expiration of the term or cancellation of YOOU . For any situation referred to hereinabove, the expiry date will be applied to the “Free” plan of YOOU.

  1. TECHNICAL REQUIREMENTS

7.1. For the provision of the services subject to this Term, the USER shall have at his disposal one or more devices containing the minimum configuration that allows the installation and use of YOOU. Operating systems are modified periodically, which is why YOOU will undergo new updates following the new versions of the Operating System. For complete operation, the minimum Application requirements are:

  1. Android Operating Systems 5.0 or higher;
  2. IOS 11 Operating Systems or higher;
  3. Stable connection to the Internet.

  1. PRICE

8.1. YOOU offers basic features for free. For you to have a pleasant experience, we offer a period of use that gives you unlimited access to all features. After this period, it automatically returns to the chosen plan. The free plan includes the features:

  1. 1 Personal Card
  2. 1 Business Card
  3. Up to 15 contacts to store in your YOOU contact list
  4. Up to 5 physical cards to store in yourYOOU contact list
  5. QRCode Reader YOOU
  6. YOOU's contacts links interaction
  7. YOOU's card links interaction
  8. YOOU's own social media interaction

8.2. If the USER chooses to have more features, the amount to be paid by the USER’s license to use YOOU (“Price”) will vary according to the conditions and terms of the offer(s) available at the time of contracting.

8.2.1. It is possible that the contracted offer provides a period of gratuity to the USER, which will be expressly indicated at the time of contracting the service. The gratuity period cannot be combined with any other offer, unless otherwise stated at the time of contracting.

8.2.2. YOOU reserves the right to make promotions, including having in the same period of time, different prices for similar packages, depending solely on the negotiations with commercial partners, which due to the volume may have more benefits with reduced prices.

8.2.3. YOOU may, at any time, readjust its price list, its will and necessity, only for new contracts, i.e. new plans.

8.2.4. For the plans already purchased, prices may be adjusted every 12 (twelve) months or at the lowest frequency permitted by the legislation in force, based on legally recognized inflation indexes.

8.3. In the event of default, the USER acknowledges that he/she may have the features of YOOU blocked immediately after the start of default, without any prior communication in this regard, the functions are unlocked only after the payment of the amounts due, according to the contracted plan.

8.4. In the free plan YOOU reserves the right to present advertisements to the USER.

  1. OBLIGATIONS OF THE DEVELOPER

9.1. Offer a Contact integration application.

9.2. Strive to promptly correct any failures in the Application.

9.3. Apply continuous improvements to the Application, changing, when necessary, previous specifications and guidance.

9.4. Suspend access to the application in the event of breach or disregard of the rules of these Terms of Use or applicable legislation, regardless of prior notice.

9.5. Use the best efforts and practices in relation to information security.

  1. LIMITED WARRANTIES

10.1. The technological stage does not allow to ensure that YOOU, developed on platforms of various suppliers, does not present errors, inaccuracies, flaws, defects or that the operation will be uninterrupted, thus, the Developer doesn’t guarantee them either.

10.2. Because it was the Application developed to meet only the demands specified in item 6. Overview of Features, the Developer does not guarantee that it meets any other USER needs.

10.3. The USER acknowledges that YOOU shall not be used in internet environments which are not stable, as there may be failure, unavailability, delay, and content error.

  1. INTELLECTUAL PROPERTY, COPYRIGHTS AND TRADEMARKS

11.1. The USER does not obtain, by this instrument, any intellectual property right or right on the Application and its components, thus, it will not, under any circumstances, have access to its source code.

11.2. The Application, logo, brand, insignia, symbols, manuals, technical documentation or any other correlated material constitute copyrights and trade secrets owned by the Developer.

11.3. Any violations of the intellectual property of the developer, will subject the USER to the immediate suspension of the use of the Application and the termination of this document, without any contractual refunds on the part of Developer, without prejudice to the reimbursement of any losses and damages caused.

  1. OBLIGATIONS AND LIABILITIES OF THE USER

12.1. The Developer recommends YOOU USERS to cautiously check the characteristics of any products or services offered prior to the realization of any Internet registration and that mainly:

  1. Check personally or through someone of your trust any good or service to be purchased;
  2. Be careful with your individual identification data whenever you access the Internet, informing them only in operations where data protection exists;
  3. Provide truthful information and its ownership;
  4. Be responsible for any type of information or claim originating from your USER name;
  5. Do not share your mobile device with other people who might eventually have access to your personal data and sensitive data;
  6. Strictly comply with all determinations of these Terms of Use;
  7. Take any other measures necessary to protect yourself from damage, including fraud or online stelionate;
  8. Respect and faithfully submit to the totality of the clauses and conditions agreed herein;
  9. Data holders have the right, at any time, to:
  1. Request the removal of their data; and
  2. Delete the data or make them anonymous.

  1. ACCESS RECOVERY POLICY

13.1. In the event of a need for access recovery, the USER shall submit to the process provided in the Application, which will direct him/her to the correct steps for this operation.

  1. TECHNOLOGICAL RISKS

14.1. The USER is liable for all risks arising from the use of YOOU. If its use is arising from the need for services or replacement of material, property, equipment or USER information, the Developer will not be liable for such costs.

14.2. The information, "software", products, values and services published in the application may contain typographical errors or inaccuracies. Changes and adjustments to the information are carried out periodically.

14.3. In no event shall the YOOU Application be liable for any direct, indirect, incidental, special damage or as a consequence of any facts arising out of its use or inability to do so, or by any Information, products or services obtained through it or as a result of its use.

14.4. In addition to possible technical problems that the Application is subject to, it may also stop working if it does not have a stable internet signal.

  1. APPLICATION CHANGES

15.1. The Developer and its suppliers may make changes to the information, services, products and other materials of YOOU, or terminate the activities at any time without any prior notification to USERS and without possibility of indemnity.

  1. INDEMNITY

16.1 The USER will indemnify the Developer of the Application for any demand promoted by other USERS, by third parties arising from their illegal activities in YOOU, for its non-compliance with the terms of use and other policies of the Application or for the breach of any law or rights of third parties in the amount of BRL 1.00 (one real) or up to ten percent (10%) of the value of the contracted plan.

16.2. It is noteworthy that the inverse is also true, since when feeling injured, the USER can also ask for indemnity in the amount of BRL 1.00 (one real) to the Developer of the Application, or up to ten percent (10%) of the value of the contracted plan.

  1. PRIVACY POLICY

Welcome to the YOOU Application Privacy Policy. This policy aims to provide USERS with a transparent view of the practices related to the collection and storage of data entered in this Application. In addition, reading this document will help you make decisions about your relationship with us. Please, read carefully to make sure you feel safe while using this tool.

YOOU has as its mission, by means of its software, to offer a new form of connectivity and practicality for millions of people.

Your information will be made available, used and shared for you to enjoy the full features of YOOU.

This Privacy Policy consists of guidelines and information on how we treat and protect the information received and stored, as well as the limit of our liability for the custody, protection and disclosure of such information. By clicking on the "Read and Accept" icon, you agree to the practices described in this document.

In general view, the purpose of this Policy is restricted to the following main points:

  1. Explain how we use the information you share with us, and what information stay with us;
  2. Explain what we do to protect your data and what the existing risks are.

17.1. INFORMATION RECEIVED AND MADE AVAILABLE

17.1.1. For the correct operation of YOOU, USERS need to provide data that is able to identify them, as well as their operations. This information is collected when a USER registers with YOOU, and also in the updates that the USER wants to do.

17.1.2. Except the Credit Card information, which is not held by YOOU, but held by the Credit Card Operator or held of Google or Apple, the USER acknowledges that he/she will not make any confidential information available in the Application. The information made available to YOOU will be the e-mail for your registration and data you want to disclose on your YOOU card to third parties, such as: name, address, telephones, e-mail, photo, social networks, and etc.

17.1.3. In addition to personal information, some information is collected automatically to enable the correct operation of the software or for the purposes of legal records, troubleshooting, accounting, communication network debugging, or security and auditing operations. Technical information is also collected to identify devices for fraud prevention and diagnostic purposes.

17.1.4. The automatic information collected is not restricted, but is mainly related to: Internet Protocol (IP) address used by your device on the network layer, connection ports, or session used in the transport layer, information about the mobile application, platform and operating system, browser information and its version, time and duration of connection, time zone, browser plug-in types and version, and available geolocation information.

17.1.5. YOOU may allow USERS of SEEYOOU* to view by proximity their respective USERS of YOOU. When USERS are connected to each other on the basis of YOOU, USERS will have normal access to the viewed card, however, when the USERS are not connected to each other yet, respecting privacy, the view will only be with photo, name and link, so you can send an invitation and or a message.

* SEEYOOU is a platform, not yet released, for recognition of YOOU USERS by proximity.

 

17.2. LIABILITY FOR THE PROTECTION OF INFORMATION

17.2.1. The Developer is concerned with the privacy of its USERS, therefore, it sought the safest options of datacenters in the market such as Amazon WEB Services (AWS), Google Cloud Platform (GCP), or any other equivalent, where several security features and services to increase privacy and control network access are provided. They are as follows:

  1. Network firewalls built into the VPC and web application firewall features that allow you to create private networks and control access to instances and applications;
  2. Encryption in transit with TLS on all devices, controlled by the client;
  3. Connectivity options that allow private or dedicated connections and connections from your on-premises or office environment;
  4. Automatic encryption of all traffic on global and regional networks, between protected facilities.

Thus, they will ensure that all information under normal conditions of use is safe, however there is no way to guarantee the leakage of personal information, regarding the intrusion of hackers that use illicit practices, specified in item 17.4. Therefore, from now on, the USER agrees to exempt the Developer from any liability.

17.2.2. Regarding the information of the payment methods, such as Credit Card, will not be stored by the Developer and neither in the application YOOU, but rather by the institutions of payment methods or by way of payment from Google and Apple, which therefore will be responsible for this information using PCI-DSS (Payment Card Industry – Data Security Standard) certification, bringing benefits both to merchants and the end client and providing both tranquility similar to that provided by ISO Certification.

17.2.3. YOOU does not sell USERS’ personal or business information. Likewise, it does not provide personal information to third parties, except in cases for which such information is strictly necessary to provide the service requested by the USER himself/herself, in accordance with our terms and Conditions of Use.

17.3. LEGAL ISSUES SERVICE

17.3.1. Personal and registration information will be released in compliance with the legislation in force. In the event that the USER’s personal information is required for legal reasons, these will be delivered by the contractor to the data subjects entered in this application. In addition, you will not be liable for damages that may result from disclosure of such information when such disclosure does not come from the Developer, nor does it extrapolate the limited cases in the Terms of Use and this Policy. The USER must be aware that we will use and release personal information and on registrations when we believe that the release is appropriate to protect the rights, property or safety of YOOU, its USERS or third parties, or to execute or enforce our Terms and Conditions of Use and other agreements, which comply with the legislation relating to such matters. This may include exchanging information with other institutions or companies for fraud protection and risk reduction.

17.4. DISCLAIMER OF LIABILITY IN THE EVENT OF A BREACH OF SECURITY

17.4.1. The Developer will take all possible technical and administrative measures to maintain the confidentiality and security of the information of its contractors and the security and stability of this application. However, it shall not be liable, nor will it respond, for any loss that may arise from the disclosure of such information for the reason of violation or breach of the Internet security barriers by third parties, which may occur as a result of cyber attacks, compromising or violating security mechanisms, or even due to force majeure of software, protocol, or hardware failures, whether or not they relate to documented or undocumented technical vulnerabilities.

17.4.2. It corroborates with this conduct the fact that the Developer follows strict rules of good safety and commercial practices, which can be proven by means of technical documentation of the robustness tests of the application, as well as the care adopted in data management and accountability, in accordance with Law 13.709/2018 - General Law on Protection of Personal data (LGPD) and best practices of compliance.

17.4.3. The USER expressly acknowledges herein that will not make any information that you deem confidential in YOOU available.

17.5. DATA LIABILITY BY THE USER

17.5.1. The USER warrants and responds to the truthfulness, accuracy, validity and authenticity of the informed personal data and undertakes to keep them duly updated. Even if it strives to ensure the quality of the data, the Developer will not respond to the inaccuracy of personal data introduced by USERS, or even by forgery data in its possession.

17.6. EXCLUSION OF CONTRACTORS REGISTRATION

17.6.1. Furthermore, the USER states that the exclusion of his/her data will imply the end of their access to YOOU, as well as the definitive exclusion of all his/her data, even if the Developer keeps the term of minimum storage of information determined by Brazilian law, these records will no longer be available to the USER.

17.7. SECURITY

17.7.1. Despite all possible measures related to safety and good practices, it is not possible to guarantee the security of all the information that the USER makes available in YOOU.

17.7.2. YOOU is a mere platform of information provided by its USERS, and the use of the service in such conditions is a personal decision of the USER.

  1. CHANGES TO THE TERMS OF USE

18.1. Developer, regardless of notice or notice, may change, amend and/or adjust these terms at any time and such modifications, changes, amendments and/or adjustments shall be effective and prompt as soon as they become public. For this purpose, the USER shall review the terms of use from time to time, provided that the continued access or use of YOOU by the USER is subject to acceptance of the terms in force.

  1. JURISDICTION

19.1. Except for the rights of the consumer, in which the jurisdiction hereunder prevails, any matter or dispute arising from this Agreement shall be settled in the District Court of São Paulo - State of São Paulo - SP, expressly waiving any other.

Version updated on November 27, 2019.