Terms of Service
This document sets out the terms and conditions (the “Terms”) between (“WE”, “US”, “OUR”) applicable when an individual person (“You”) engages the Service at the mynameis Platform as described herein (hereinafter “the Service”). Where the Service is associated to OUR app, the Terms and conditions of use of the App – available here - also apply to YOU in addition to these Terms.
WE reserve the right to change these Terms at any time. Any amended Terms will be integrated herein from time to time effective as of the date of its posting provided however that the version applying to You will be that that was in force as at the date when You engaged the Service from US.
Your continued access and use of the Platform and/or the engagement of any Services therein implies reinstatement of Your acceptance to the Terms as amended and in force from time to time.
Applicable from May 28th, 2019.
1. Acceptance of Terms
Your use of the Platform and possible engagement of a Service therein is subject to the herein Terms. Except as specified herein, these Terms apply to any use by YOU of the Platform and/or to any contractual interaction of YOU with either Connectors or Callers registered at the Platform.
In order for US to enable the use of the Platform to You and YOU being able to use the Platform for its intended purposes of potentiating the engagement by You of the Service (whether as a Caller or as a Connector) therein it is mandatory pre-condition that You download and install OUR App, that YOU register at the APP, that YOU grant YOUR Consent to Your Data being processed by US and Our Partners and that YOU accept these Terms, the APP (or Website) Terms (as applicable) and OUR Privacy and Cookies Policy available here.
You may not engage or use the Platform and/or engage a Service therein unless You have done this.
Read the terms of the Consent Form carefully, and if You agree, print it down, sign-it off and submit it to US with Your Order of the Service. You may also opt to tick Yes in the Consent Form displayed in Our Channels along with Your acceptance of the Terms.
You should print out a copy of the Terms or save them to your computer for future reference provided however that our digital records of Your interaction with the Platform and/or our records of Your activity associated with the engagement of a Service shall serve as sufficient evidence for contractual purposes.
The Platform is classified 16+ in Google Play and Apple Store provided however that Service is not intended for under aged or legally unable users (“Minors”).
Minors (as such is defined pursuant to personal laws of the Caller or Connector, depending on whichever’s the case) shall not be admitted to engage, access and use the Platform or engage any Service therein except where such is made on their behalf by their parents, custodians and/or tutors or other legal guardians (the “Guardians”) by lawful means. If You contribute or otherwise provide Your Data for the purposes of registering at the APP and/or engaging the Service, You must be of age according to Your personal laws and in general You must not be under the age of 16 (sixteen).
Without prejudice from the aforesaid, Guardians should remain vigilant at all times of Minors and shall be fully liable for their unsupervised activity where Minors may fraudulently impersonate a person of age and purchase and/or access the Service from US.
You, as a Guardian (if applicable), shall defend and hold US indemnified and harmless from any consequences arising from the engaging and/or access and/or use of the Service by a Minor that may be under Your parental control, guard and/or custody.
The Service is not B2B intended although in certain circumstances the Service may be available to agents or professional career management entities acting in the name and on behalf of Personas subject however to OUR prior acknowledgement and in certain cases, the entering of a specific agreement with US.
Natural People, as well as companies, corporations and any other collective persons should adopt measures and controls to supervise internet activity involving them by whatever means (if any).
PLEASE BE ADVISED THAT WE do not verify or validate the existence (whether natural or legal) of any entities, their status, age, nor by any means control their professional references or criminal background nor do WE check representation rights of anyone claiming to act as a legal representative of someone else, whether a natural person or any institution, corporation, company, association or any other form of collective person.
3. DESCRIPTION OF THE SERVICE (THE “SERVICE”)
The following terms shall be interpreted to mean as follows:
APP means mynameis’ iOS and Android Mobile app named mynameis. available for download from Google Play and Apple Store with which Callers and Connectors may access and register at the Platform so as to contract the Service between them directly.
Broadcast means to transmit simultaneously to the general public through any now known and unknown media and formats, including, without limitation, a data communications network, the Internet, electronic mail system, television, radio or satellite system, or point to multi-point transmission over a wired, wireless or fiber network; and for purposes of these Terms Broadcast shall also include narrowcasting and multicasting.
Call means a completed video telecommunication IP call between a Caller and a Persona contracted at the Platform by a Caller from a Connector, where “completed” shall be determined pursuant to the herein Terms of Service.
Caller means a natural person registered at the APP as someone intending to engage the Call Service with from a Connector at the Platform.
Charity means the act of giving away all or part of a Fee at sole judgement and criteria of a Fee earner as provided for herein.
Connector means a natural person registering at the APP as someone offering a Call Service to Callers with certain Personas within his/her range of influence or proximity for a Fee.
Data means any and all personal data of an individual data subject whether being identified or identifiable.
Fees means the (tax exclusive) gross consideration payable by Caller to Connector in consideration for delivery of the Service, less the Platform Fee.
Payment Business Partner means a third-party financial partner of mynameis presently being “Stripe Payments Europe, Ltd”. Partner is engaged with the processing of online secure payment of Fees including credit card (Visa, Mastercard) payment processing.
Harassment means the act of systematic and/or continued unwanted and annoying actions directed by one party or a group to another for variable unlawful reasoning including (but not limited to) racial prejudice, personal malice, attempt to force someone to quit a job or grant sexual favors, apply illegal pressure to collect a debit, sadism, obsession or other mental disturbance, revenge, blackmail, etc.
IP means Internet Protocol.
Platform means the mynameis platform gathering Callers and Connectors so that they may freely interact at their own risk and criteria and agree to the terms of a Service between them.
Platform Service means the access and availability service to the mynameis Platform through the App so that both Connectors and Callers may register therein and further engage the providing of the Service pursuant to the particulars of the deal agreed by them (in terms of kind of Call and corresponding Fees) and the Service Terms herein. The Platform Service includes the access to proprietary software, copyrighted content and the integrated services of software development and maintenance.
Platform Fee the consideration retained by mynameis from Fees payable to Connectors in consideration of the delivery of the Platform Service.
Persona means a C-Level Executive, a public figure, an artist or some other notable person of high repute with whom a Caller intends to have a Call for which purpose he/she engages the Connector’s Service at the Platform.
Service (or Connector’s Service) means the service of placing a Caller in contact with a Persona of Caller’s choice and Connector’s range of influence or proximity so that a Call is arranged by and between such Caller and Persona by Connector for a Fee. The Service is direct between Caller and Connector at the Platform, which is merely the marketplace where such contractual arrangements are completed.
Stalking the act of one’s engaging in a course of conduct directed repeatedly and intrusively at following another person and his/her private life (whether familial, social or professional) under no legitimate purpose and seriously alarming, disturbing, annoying or intimidating that person. In certain cases, the act or crime of willfully and repeatedly following another person in circumstances that would cause such person to fear for his/her life’s integrity, his/her life and wellbeing because of express or implied threats. When the conduct violates a restraining order protecting the victim, the conduct of crime may be regarded as aggravated.
The Platform Service on the Data that You upload to the Platform upon registration at the Platform. Without such Data the Service may not be provided to You. Your Name, contacts, VAT number, home address or other Data pertaining to Your interests, preferences, professional background or motivations to have a Call may be collected in connection with the processing of the Service, to invoice You for the Fee and/or to receive a payment and/or to communicate with You in terms of the performance of the Service that operates over the Platform.
The Data that You provide to US is managed on a cloud based basis by OUR AWS’ Business Partner’s from both physical and virtual infrastructure located whether within and outside the European Union (including the United States of America and Switzerland). We may be able to retrieve Your Data from our database upon request to Our Business Partners provided however that completion of removal or deletion may be delayed for reasons beyond Our control.
The Service is not intended as a Telecommunications service nor it is intended for purposes other than those lawful and legitimate to both Callers and Personas. The Service is not intended to assist the press and the media nor to facilitate the access to a natural person, including a Persona that would not otherwise be open to be contacted.
You acknowledge and agree that the Service is provided to You on an "AS-IS" basis, as current and available at the time no representations, warranties or guarantees whatsoever being granted to You.
You (as a Caller) shall use the Service at Your sole risk and sole judgement and criteria. Neither WE or Connectors may take any liability for the use of Service other than pursuant to the Terms.
WE are constantly innovating in order to provide the best possible experience to OUR clients.
You acknowledge and agree that the form and nature of the Platform Service may change from time to time without prior notice to You. As part of this continuing innovation, You acknowledge and agree that WE may stop (permanently or temporarily) providing some services, including the Platform Service at OUR sole discretion, without prior notice to You.
You may stop using the Platform at any time and WE may otherwise determine YOU to stop using the Platform Service at any time. You do not need to specifically inform US when You stop using the Platform or the Services therein.
In order to use the Platform and/or to use the Service, You need to have Internet access, either directly or through a device that accesses web-based content, and You need to pay the Fee and pay for the connectivity services to Your suppliers.
You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.
4. THE APP USE IN CONNECTION WITH THE SERVICE
The APP is personal to You and assumes as a mandatory pre-condition that You became a registered Caller or Connector to access and use the Service.
To register and use the APP You may have to insert Your login and password (“Your Codes”). Your Codes are personal to You.
You will keep Your Codes in strict secrecy and You will not show, entrust, deposit or share them with any third parties. You are fully accountable and responsible for restricting access to any devices or media in which Your Codes may be easily accessible, where Your Codes may be kept in memory thereby automatically displaying the APP, where Your Codes may be recorded, stored, deposited and/or maintained.
You shall maintain adequate levels of security and protection of Your Codes. Whenever You become aware that Your Codes were stolen, copied or are being abusively used by anyone without Your knowledge or consent You will refrain from further usage of the APP. You will uninstall the APP from Your device and will download it again and re-register with another login and password. Your past interaction with/at the APP will irreversibly be lost.
THE SOFTWARE AND/OR HARDWARE THAT YOU USE TO DECIPHER YOUR CODES AND ACCESS TO THE APP (if any) ARE AT YOUR SOLE DISCRETION, RISK AND LIABILITY.
You are fully responsible for all activities that occur under Your version of the APP and associated to Your profile at the APP including any and all use of the APP with Your Codes.
You shall defend and hold US harmless from any consequences arising from Your use of Your Codes and any and all activity at the APP.
5. FEES INFORMATION
The Fees are in consideration for the Service engaged by You from a Connector at the Platform delivered personally to You on a “as is” and “as available” basis without representations and warranties whatsoever being.
Fees do not include applicable sales taxes, delivery charges or other international taxes or duties, which shall be added to Your total prior to you placing your Order.
Fees are freely priced by Connector and subject to Your agreement upon engagement of the Service and as a pre-condition to such engagement of the Service.
Fees stipulated by a Connector and accepted by a Caller in advance of a Call become fixed and non-revisable and are due by Caller to Connector upon engagement of the Service.
WE do not have an influence and by no means monitor or exert any kind of control over the Fees nor WE do have contact or means of knowing and exerting influence over Connectors and/or any Personas.
Engagement of a Service at the Platform assumes the Fees are acceptable to You.
Deposit of the agreed Fees with US assumes that YOU agree to the terms for the Call so arranged with the Connector (Persona, duration, date and time of the call). Your sole remedy - should You not come to an agreement with the Connector on the amount of the Fees chargeable for the Call - is that of not engaging the Service. Once You engage the Service and pay for the deposit Fees You will not be entitled to a refund, a discount or any other kind of Fees reduction.
You will deposit the full amount of the corresponding Fees in advance by means of one of the payment means accepted at the Platform.
Payment operates as a pre-condition for the Call to be effectively arranged and completed by Connector. Where You do not pay for such Fees the Call will not be arranged.
Please note that Fees are completely open and subject to the sole discretion and criteria of the Connector. Fees may vary depending from one Connector to another, from Persona to Persona and from Call to Call.
Plenty of factors may contribute for two (or more) apparently identical Calls being priced differently and such is accepted by You in good faith considering the intrinsically personal character of the Service.
The prices are based in Euro, by default. If the local currency at the destination country of Your Service Order is other than Euro, the amount may be converted at then in force exchange rates. Such currency conversion may affect pricing and final balance payable by You at no liability to Us or Our Payment Business Partner.
No adjustments, discounts or refunds are acceptable to the Caller’s benefit except where a Call may have not been COMPLETED (as provided for herein) or the Connector has so agreed to in writing at its sole discretion.
A Call is considered not to have been COMPLETED and a full refund shall be payable to Caller if within first 60 (sixty) minutes after the Call’s end time, Caller reports in writing to US any of the following circumstances:
- No show of the Persona at the Call’s scheduled date and time;
- Impossibility to establish connection due to Platform’s unavailability or downtime supported by mynameis and its Providers;
- Fraud or fraudulent misrepresentation of the Connector as to the Persona’s identity consubstantiating in the Call being attempted to be completed by and between the Caller and someone other than the Persona (whether an impersonator, an actor, stuntman, look-alike person, etc).
A Call is considered as having had been COMPLETED and no refund shall be payable to Caller if a Call has not been completed due to the following circumstances:
- No show of the Caller at the Call’s scheduled date and time (even if such is due to a force majeure event affecting Caller);
- Impossibility to establish connection by Caller for a reason attributable to Caller or its Providers (including but not limited to hardware or software failure, cuts in power supply, bandwidth management, failure of Internet and/or Wi.Fi connectivity and any others);
- Withdrawal of Persona from the Call (at any time) for a reason attributable to the Caller (as sustained by the Persona), including the showing of Caller at the Call with purposes different from the ones that have justified the acceptance of the Call by the Persona, circumstances of Harassment, Stalking or any other attitude or behavior deemed inadequate, rude or intolerable at Persona’s sole judgement and criteria.
The Fees are in consideration for the Service engaged from You by a Caller at the Platform.
Fees that You stipulate and that are accepted by a Caller in advance of a Call become fixed and non-revisable. You may not revise and increase Your Fees once the Service is arranged and Fees become fixed nor You may refuse to proceed with the Call after the Service is engaged and the Fees are deposited by Caller in connection thereof.
You are free to stipulate the Fees for the Service You are being engaged to by a Caller, depending on Your fair judgement and criteria.
WE do not have an influence and by no means monitor or exert any kind of control over the Fees. You are recommended and advised to act fairly in a non-discriminatory, proportionate, balanced manner whilst stipulating Your Fees for the Service.
You shall be conscious, act in a rightful manner and on a good faith basis at all times.
Payment of Your Fees shall be initially deposited with US upon the engagement of the Service. You will be informed promptly that Your Service was engaged from a Caller and that corresponding Fees were deposited. Only then should You proceed with the Call arrangements.
Where Your Fees are not deposited by Caller You should not arrange for the Call at the Platform.
In case You decide to provide a Service without payment of Your Fees been secured with US, please note that You will be at Your entire and sole risk of not being paid.
Your Service transaction is closed with a Caller directly and WE act merely as an intermediary Platform Service Provider in respect of which Platform Service provided to You WE will charge the Platform Fee.
Payment of Your Net Fees (i.e. the Fees less the Platform Fee and Tax) shall be made into Your Bank Account within 8 (eight) business days from date when Call is COMPLETED provided that within 60 (sixty) minutes after the Call’s end time Caller has not submitted a complaint in writing or through the Channels with US for a full refund pursuant to the herein Terms. Where such the latter has been the case, YOU will be immediately informed and WE will investigate such a claim. Throughout the term within which we are investigating, Your Fees will be retained.
WE may (although WE are not obliged to) assist YOU or any Personas or third-parties in any litigation between You and/or a Persona (or a third-party) and a Caller.
Our recordings of the Call will be retrieved so as to investigate the contents of the Claim and WE will decide according to such records. Our decision on the complaint presented shall be final and binding and solely based on the evidence contained in the recordings of the Call kept in our systems. Where we find that the Caller’s complaint is sufficiently grounded WE will totally refund Caller. Where WE will decide that the Caller’s complaint is not sufficiently grounded, WE will proceed with payment of Your Fees to You.
We may provide to You (as a Caller) certain payment methods that are directly delivered to You by OUR Payment Business Partner.
You may pay by payment method of Your choice as part of the Service Order process. Payment Business Partners may change the payment methods at any time but this will not affect any existing Service Order. Please Note that certain payment methods may not be available in Your territory or may be limited to certain cards.
If You choose to pay with credit card You will be directed to a secure payment area of the responsibility of Payment Business Partner. You acknowledge and agree that: (i) Payment Business Partners may charge You for the amount of Your Order and any expenses as shown in the balance of Your Checkout box according to the payment method You have selected; (ii) You will provide valid and current information in respect of Your payment/ credit/debit information for (a) yourself and (b) if applicable, another person, provided that You are lawfully effectuating a purchase in the name and on behalf of such person and under his/her express consent; (iii) Payment Business Partners may use tools, software or services of payment processors to process transactions on their behalf; (iv) if Your payment is not received for any reason, You agree to promptly pay all amounts due upon request and using the other available payment method as determined by Payment Business Partners; and (v) You may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer for which You shall be solely liable.
You acknowledge and agree that any payments processed by OUR Payment Business Partner imply that You are transmitting certain Data to such Payment Business Partner and the terms of Payment Business Partner’ privacy shall apply to their use of such Data. We shall have no responsibility for the use of Your Data by OUR Payment Business Partner.
All prices shall be added of taxes in force as of date of payment.
You acknowledge that the actual taxes payable by You may vary; and (b) You will be fully responsible for paying all applicable taxes directly to the relevant authority (and for reclaiming them in the event of a cancellation of Your order or the return of products, to the extent permitted in the these Terms) as determined by the authorities of the shipping destination country, and neither We nor Payment Business Partners shall have responsibility or liability in connection with the foregoing.
If You elect not to pay taxes and/or duties (v.g. custom duties) – when/if applicable - or fail to pay taxes and duties, or refuse to accept products not in accordance with a due cancellation procedure under these Terms, in each case resulting in the products being returned or needing to be returned to Us, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by You. We may also charge You with additional direct or indirect charges resulting from said failure or refusal. We may, if it is in accordance with these Terms, reimburse and refund You for the cost of the products, but not the import charges which may or may not be reimbursable by the relevant authority.
The Service will be digitally delivered to You no other delivery media being available.
9. CANCELLATION RIGHTS
Given the particulars of the Service and the fact that the same is specifically addressed to You, You may only drop the engagement of the Service prior to effectuating the deposit of the corresponding Fees with US. Thereafter the Service may not be cancelled or refundable other than pursuant to the herein Terms.
10. DISCLAIMER AND SERVICE WARNINGS
The Call you engage may impact You and Your life. You may feel disappointed, stressed, sad, anguished, angry sometimes whilst in other cases You may feel pleased, energetic, happy, enthusiastic or inspired.
You may discover things about the Persona that You were not anticipating and such may cause You emotions that You may not have the ability to manage adequately without help.
Persona’s behavior, attitude and/or availability at/for the Call may not be represented nor warranted by whatever means. No guarantees are provided to You that (including but not limited) a Call will be pleasant, will meet Your expectations, will return to You the intended results or expectations nor that the Persona will act in a certain way towards You.
Your dissatisfaction with the Call or disappointment with the Persona as well as any other personal opinions You (as a Caller) may have in respect of the Call and/or the Persona may not and will not justify a refund, discount or any revisions of the Fees nor will they justify as a complaint in respect of the Service, the Platform or the Service Platform.
Personas You may be declaring at the Platform that You are acquainted, familial to and/or close enough to arrange a direct Call with them as a Connector may sue You where such declarations are false, fraudulent or misleading.
OUR Platform SERVICE is for recreational use only provided however that telecommunications between natural persons are considered private.
YOU MAY NOT BROADCAST THE CALL, SHARE THE CALL IN ANY PLATFORMS, WEBSITES, SOCIAL MEDIA, BLOGS OR ANY OTHER SITES UNLESS UPON PERSONA’S PRIOR WRITTEN CONSENT PROVIDED TO YOU.
Any references in public to the Persona or the fact that the Persona met (or is about to meet) You in a Call through the Service at the Platform must be subject to Persona’s written consent to be provided directly to You in advance. Any guarantees on that regard provided by someone other than the Persona him/herself (including by the Connector) should be discarded by You.
Information that you share about Persona and/or the Call with family, friends or employers may be used against Your interests. Even if you share Information that has no or limited meaning today, that information could have greater meaning in the future. If you are asked or by any other means impelled to share information please prior to doing it pond any possible implications with Persona and seek legal advice.The Platform Service is not intended to be used by You to replace and substitute the engagement of Persona’s professional advice at his/her current fees.
We do not endorse, warrant or guarantee the Service.
A Call is arranged at Caller’s risk.
PLEASE BEAR IN MIND THAT INTERNET IS UNSTABLE AND INFORMATION YOU ACCESS ONLINE MAY NOT BE SUFFICIENTLY PROTECTED AT ALL TIMES.
You will be solely and directly liable to US, the Callers, Personas (as well as their agents, career managers and/or any other damaged third parties) for any and all of Your declarations, representations and/or guarantees as well as for any and all circumstances of a Non-COMPLETED Call for a reason attributable to You.
PLEASE BEAR IN MIND THAT INTERNET IS UNSTABLE AND INFORMATION YOU ACCESS ONLINE MAY NOT BE SUFFICIENTLY PROTECTED AT ALL TIMES.
11. CALLER AND CONNECTORS’ REPRESENTATIONS AND WARRANTIES
You represent and warrant to US that:
- You will not use the Service and the Call for any purpose that is unlawful or prohibited including that of gaining access to a Persona with Harassment or Stalking intent against him/her or his/her proximity circle (family and friends);
- You may not use the Service and the Call in any manner that could damage, disable, overburden, or impair the reputation or good name of a Persona, a Connector, the Platform, the Platform Service or mynameis.
- You may not use the Call for investigation, journalistic or entertainment purposes of any press, media or social media players whether or not profit oriented;
- You may not Broadcast or Share the Call or share any particulars of the Persona and/or the Call in public unless where You have obtained Persona’s prior written consent granted to You;
- You understand that Platform Service and the Service are for recreational, domestic and private use only and You will therefore refrain from any commercial, promotional or professional use of the Service and the Call except where the Persona has unequivocally expressed his/her consent to such contents at the Call;
- Platform Service is based on the Data that You provide to US for which purposes You consent to US, our contractors, successors and assignees’ collection and processing of such Data that You provide to US in connection with the Platform Service and the Service itself (including the recording of Calls and its storage for a restricted timeline in connection with Our complaints Policy);
- You are an adult according to Your personal Laws and in any event You are older than 16 (sixteen) years of age;
- As a Connector You have all necessary consents, licensing, authorizations or permits from a Persona to provide the Service at the Platform;
- Your engagement and/or providing of the Service (as the case may be) does not breach any laws or the rights of third parties (including those of the Persona) and will not be regarded as an unlawful act in connection with any laws (including import/export laws) in Your country;
- You are aware that the Platform Service and the Service may be performed in the European Union, Switzerland or outside any of the latter regions (including in the USA) and regardless the fact that You may be a EU or Non- EU resident national;
- You are not an insurance company or an employer attempting to obtain information about an insured person or an employee;
- You are aware that the Service and the Call may cause You an impact, stress, frustration or other strong emotions that may ultimately determine a variation in Your health condition (physically and/or emotionally) to an extent that one cannot reasonably anticipate or predict;
- You shall take responsibility for all possible consequences resulting from the Service and (as a Caller) You take any and all responsibility for any acts or omissions at the Call and beyond the Call that may be regarded by Persona as offensive, injurious, illegitimate, abusive or by any other means intolerable;
- You take all responsibility for the consequences of sharing with others any information pertaining to the Persona and/or the Call and/or the Service, the Connectors and/or the Platform or mynameis;
- You understand and accept that OUR Privacy and Cookies Policy will apply to the Platform Service and the Service and that Your Data will be processed by US subject to its terms and pursuant to the Law;
- You acquire no rights or title in respect of the Platform Service nor to Your Platform User Profile or the content in respect thereof, including any postings, activity data, traffic and usage data;
- You have the authority, under Your personal laws, to provide these representations and warranties;
- You shall defend, indemnify and hold US, OUR affiliates and respective directors, officers, employees and agents fully indemnified and harmless against any claims, losses, damages, liabilities, costs and/or burdens including attorney’s fees, arising out of or in connection with Your use of the Platform Service, the Service, the Call and/or the APP and/or any other services being provided to YOU.
In case of breach of any one of these representations and warranties YOU acknowledge and confer to US the right to exclude You from the Platform Service and cancel Your Platform Profile at no further remedy to You and You will additionally defend and indemnify US and OUR affiliates, staff, directors, shareholders and advisors from any and all liability, costs, or damages arising out of the breach by You of any of these representations and warranties.
We reserve the right (though We are not obliged to), at OUR own expense, to assume the exclusive defense and control of any claim for which You may have to indemnify US and You agree to fully cooperate with US on such defense without limitation.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Platform Service may store and display information on certain aspects of Your life, aspects of Your body and health condition, Your physical and nutritional condition and any other explanations, photographs or any other possible content uploaded by You into Your Platform Profile in view of the Service (“Content”). All rights vesting in, in connection with and/or in respect of Content are reserved to US and OUR Licensors.WE grant to YOU a personal, non-assignable, not transmissible, not tradeable, nonexclusive, perpetual, royalty-free license for You to use the Content or parts thereof for Your own non-commercial individual use at the Platform in view of the Platform Service, the Service and possibly any Calls arising there from.
are copyright protected and may be either owned and/or used under license by US subject to one or more copyright and intellectual property laws (the “Marks”). Marks must not be used by You unless We authorize You in writing beforehand.
Marks must not be used in connection with any product or service other than the Platform Service, in any manner that is likely to cause confusion among users, or in any manner including without limitation one that may disparage or discredit US, Our reputation, OUR products or services or those of OUR Licensors and partners.
Unless as otherwise stated herein all rights in relation to Content and the Marks are reserved to US, OUR Licensors and Partners.
Except as provided for herein nothing in these Terms shall be read or interpreted so as to convey to You or any third parties any rights of ownership in respect of or related to the Content or the Marks nor any right or license is granted to You by any means to use the Content or the Marks.
All other trademarks not owned by US that may appear in our App or Website as well as in any materials may or may not be affiliated with, connected to, or sponsored by US.
We take intellectual property seriously. If You believe that the protected work of anyone known to You were copied some way, please let us know at firstname.lastname@example.org
13. LIMITED WARRANTIES
Use of the Service shall be at Your sole discretion, risk and responsibility.
The Service is being provided to You on an 'AS IS' and 'AS AVAILABLE' basis.
We MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTIES EXPRESS OR IMPLIED AS TO THE QUALITY, QUANTITY, RELIABILITY, ADEQUACY, AVAILABILITY, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PURPOSE WHATSOEVER, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS, USE AND/OR OPERATION OF THE PLATFORM, PLATFORM SERVICE, THE SERVICE, THE CALL (WHICH IS ACTUALLY EXTERNAL TO THE SERVICE AND PROVIDED BEYOND THE SERVICE THAT OPERATES AT THE PLATFORM AND THEREFORE EXTERNAL TO MYNAMEIS) OR ANY PARTS THEREOF.
mynameis WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING ALLEDGEBLY FROM THE USE OF THE SERVICE AND/OR THE APP OR THE COMPLETION (OR NON-COMPLETION) OF ANY CALL.
WE SHALL NOT BE LIABLE FOR THE CONTENT THAT YOU PROVIDE TO US.
YOU SHALL NOT attempt to pass ON TO US ANY LIABILITY OR CLAIMS YOU MAY AGAINST CONNECTOR (IF YOU ARE A CALLER) OR AGAINST A CALLER (IF YOU ARE A CONNECTOR).
WHERE ANY LAW MANDATES THAT WE CANNOT LIMIT OR EXCLUDE OUR LIABILITY THEN THE AFOREMENTIONED DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
14. LIMITATION OF LIABILITY
Nothing in these Terms aim to exclude OUR liability (if any) for any matter that would be illegal for Us to exclude or limit pursuant to the terms of the Law.To the maximum extent permitted by law, We will only be liable to You for direct foreseeable damages that You suffer as a direct and necessary result from the breach by Us of these Terms. Damages are 'foreseeable' where they could have been reasonably anticipated by You and Us as a consequence from Our breach of Contract.
Without prejudice and to the maximum extent permitted by law, in no event shall Our total cumulative (not per incident) liability to YOU exceed the amount of Platform Fees we may have received from You in connection with the Service Fees paid.
TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE, (v) YOUR FAILURE TO KEEP YOUR CODES SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICE BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
WHERE ANY LAW MANDATES THAT WE CANNOT LIMIT OUR LIABILITY THEN THE AFOREMENTIONED SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
15. FORCE MAJEURE
We shall not be responsible for any delay in, or failure of, performance of Our obligations under these Terms arising from any event beyond our reasonable control and where we could have not taken appropriate steps to avoid including third party telecommunication failures. This condition does not affect Your legal rights.
If any event beyond Our reasonable control affects Our ability to perform We will notify You as soon as possible and Our obligations under these Terms will be suspended for the duration of the event outside our reasonable control.
16. DATA PRIVACY
In order to use the Service, You must first acknowledge and agree to the OUR Privacy and Cookies Policy, without which You may not engage the Service.
Our Privacy and Cookies Policy supplements the herein Terms and shall form an integral part hereof for all due legal purposes.
If you have given US Your Consent then You may engage the Service. Where You have not granted Your Consent the Service providing may be prejudiced.
We will record the Calls so as to monitor control and support the resolution of any complaints. The Calls shall be retained for a maximum of 30 (thirty) days in connection with a Call. Where a Call may reasonably sustain the committing of an offence or crime in addition to/or beyond a reported complaint, WE reserve the right to retain such Call recordings for an additional time so as to preserve evidence in connection with any possible investigation or prosecution of the perpetrators.
WE will never use or release Your Data for purposes that are unlawful.
We may use the information (and Data) contained in the Platform and include it in our research and development database.
We may share Our databases with third parties for research and development as well as scientific research purposes. We may study a specific group or population, identify potential areas or targets for development, conduct or support the development of services for public, private and/or non-profit entities or otherwise create, commercialize, and apply this new knowledge to develop or create other social collaborative services.
We have the right to monitor any use of Our systems at any time and to maintain copies documenting such monitoring.
17. GOVERNING LAWS AND DISPUTES RESOLUTION
These Terms were drafted and shall be construed and interpreted in accordance to the laws of Switzerland (Geneva).
Any claims arising from or in connection with these Terms shall be exclusively submitted and resolved by the Courts of Geneva.
You and US expressly agree to the aforementioned disputes resolution clause upon waiver by You and Us of any other forae or disputes resolution form such as mediation or arbitration.
If any provision of these Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms, which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
Where any communications between US both have been translated to a language other than Portuguese, to the extent there is any conflict between the English version and the local translation, the English version shall prevail. Portuguese versions of this document shall take precedence insofar it refers to Orders shipped to and delivered in Portugal.
You agree that records in Our possession or in that of Our Business Partners shall prove the contents of the commercial transactions between You and Us in connection with the Service.