These terms of use (“Terms”) govern your use of our platform, app and website and related services YU provides you through or in relation to such platform, app and/or website (together, the “App”). The App is a copyrighted work belonging to (“YU”, “us”, “our”, and “we”). Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on the App in connection with such features. All such additional terms, guidelines, and rules, including our Privacy Policy (as defined below), are incorporated by reference into these terms of use (together, these “Terms”). This App is not intended for children below 16 and you should not use the App (and/or accept these Terms) if you are below 16. These terms create a legally binding agreement between you and us. By accessing or using the App, you are accepting these Terms. You confirm that you can enter the agreement. You confirm and promise us that you have the right, authority, and capacity to enter into these Terms. The key terms that you should consider in particular detail are: 

 

Accounts, Access to the App, and User Content

Our Responsibility for Loss or Damage

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Your use of the YU app is also controlled by the Apple Media Services Terms and Conditions and Android Appstore Terms and Conditions for your applicable jurisdiction. If you do not agree with all of the provisions of these Terms, do not access and/or use the App. The minimum platform requirements for use of the YU app and App are set out at Minimum Platform Requirements. Your devices must comply with the Minimum Platform Requirements to allow YU to stay current in the rapidly moving mobile and online market. The Minimum Platform Requirements are subject to change at any time, at the sole discretion of YU. This may be with or without advance notice.  

 

1. ABOUT US

YU is a brand of Third Platform Technologies Ltd (herein referred to simply as YU), a company registered in Scotland; our company registration number is SC629618. Our head office is located at 30/5 Hardengreen Industrial Estate, Eskbank, EH22 3NX. You can contact us by writing to us at hello@you-understood.com. If we have to contact you, we may do so by email to the address you provided when you registered for an Account (defined below) or, if applicable, by telephone. Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from YU by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if they were in hard copy writing.  

 

2. HOW DO WE DEAL WITH YOUR PERSONAL INFORMATION?

Your submission of information, including personal data, through or in connection with the App and our use of cookies is governed by the terms of our privacy policy as updated from time to time, available at Privacy Policy.  

 

3. ACCOUNTS

To use certain features of the App, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. All the registration information you submit must be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy. You can delete your Account at any time, for any reason, by emailing hello@you-understood.com. At this point, we should remind you that we also have certain rights to suspend or terminate your Account, these are outlined in Section 8. Your Account may be automatically deleted by YU at their sole discretion (see Section 8). We will notify you in advance if your Account is scheduled for deletion. If you believe the Account deletion notification is an error, you may contact hello@you-understood.com for further information. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security by emailing hello@you-understood.com. 

 

4. ACCESS TO THE APP

License

The Software is licensed, not sold. YU grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this Terms of Use. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Terms of Use is not to be construed as a sale of any rights in the Software.

 

Restrictions

The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the App, YU’s property that is comprised in the App and other users’ User Content. In particular, you agree that your use of the App is subject to the following restrictions:

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- you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App;

- you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App, otherwise that as permitted by applicable law for interoperability purposes;

- you shall not access the App in order to build a similar or competitive website, product, or service; and except as expressly stated in these Terms, you agree that no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

 

Unless otherwise indicated, any future release, update, or other addition to functionality or content of the App shall be subject to these Terms. All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.

 

Modification

YU reserves the right, at any time, to modify, suspend, or discontinue the App (in whole or in part). We may do this with or without notice to you. You agree that YU will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.

 

No Support or Maintenance

You acknowledge and agree that YU will have no obligation to provide you with any support or maintenance in connection with the App. However, if a fault occurs in the App, please report it to us at hello@you- understood.com and we will review your complaint and, where we determine it is appropriate to do so, attempt to correct the fault. If the need arises, we may suspend access to the App while we address the fault. We will not be liable to you if the App is unavailable for the period of time it takes to fix or attempt to fix such fault. Your access to the App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

 

Ownership

Excluding any User Content (this term is defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content, are owned by YU, YU’s suppliers or, in the case of other user’s User Content, other users of the App. Neither these Terms (nor your access to the App) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in this policy. YU and its supplier’s reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.

 

Copyright

Copyright © 2020-2022 YU. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of YU, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.  

 

5. USER CONTENT

“User Content” means any and all information and content that a user submits to, or uses with, the App (e.g., content in the user’s profile or postings, any Praise you may send through the App, any profile image you upload to your Account, or comments you may make when updating your “Check-In” status). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content in accordance with these Terms, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party (for instance, when you send Praise to other users). Please note that “aggregated” and/or “anonymised” data are not “User Content”. We collect, use and share “aggregated” and “anonymised” data as defined and described in our Privacy Policy (detailed above).​ConfidentialityYU takes confidentiality extremely seriously and will keep User Data secure and confidential and shall procure that its personnel (including its officers, directors, staff and employees) shall keep User Data secure and confidential. Neither YU nor its personnel shall disclose User Data or any element of it to a third party except (1) where you provide express written consent; (2) to the extent that YU is compelled by law or regulation (in which circumstances YU will provide prompt notice to you so that you have reasonable opportunity to obtain a protective order or other remedy); (3) in relation to any feedback which you provide to YU about the operation of its services, in which case the User Data comprising feedback may be disclosed in accordance with the terms of the below section “Do not send us confidential information in Feedback”; and (4) in circumstances where you breach the terms set out below in relation to (i) “Protection of our reputation and third party rights” and (ii) “Protection of our systems”, we may disclose User Data to a third party but only to the extent that such disclosure of User Data is reasonable, proportionate and necessary in the circumstances to enforce our rights and such disclosure shall be strictly limited to the third parties set out below in “How might we enforce these Terms if you violate them?”.​

 

Backing up User Content

We securely store all User Content in the cloud, with no data stored on locally on your device. This means you will always have access to all input data from the last 12 calendar months. Historical data outside of this timeframe will only be stored on your behalf if you choose to select the Premium (paid-for) archive feature.​

 

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:

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Protection of our reputation and third-party rights. You agree not to use the App to collect, upload, transmit, display, or distribute any user content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

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Protection of our systems. In addition, you agree not to: (i) upload, transmit, or distribute to or through the App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the App unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the App to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. 

 

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person – the action we take will be determined by us acting in our sole discretion. Examples of action that we might take are: removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to an affiliated organisation (e.g., employer, academic institution, governing body) and/or law enforcement authorities.​

 

Feedback

If you provide YU with any feedback or suggestions regarding the App (“Feedback”), you hereby transfer to YU all rights in such Feedback. You also agree that YU shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate. Please note that the Feedback you provide to YU will not be treated as confidential information – accordingly, you agree not to submit to YU any information or ideas that you consider to be confidential or proprietary.  

 

6. THIRD PARTY LINKS AND ADS: OTHER USERS

The App may contain links to third party websites and services (collectively, “Third Party Links”). Where the App contains links to Third Party Links, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. YU does not review, approve, endorse or make any promises with respect to Third Party Links. You use all Third Party Links at your own risk and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links, the applicable third-party terms and policies apply, not these Terms. Each App user is solely responsible for any and all of its own User Content.  

 

7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE​

The App is not bespoke. You acknowledge that the App has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.​

 

Medical Disclaimer

YU is a provider of online and mobile content in the mental health & wellness space. We are not a medical device provider, nor should the content of our App and related services be considered medical advice – only your doctor or other appropriate healthcare providers can do that. While there is third party evidence from research that the content we provide can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, YU makes no promises that the App will provide a therapeutic benefit. If you choose to submit details about your mental wellbeing on the App, the information returned is on the basis of general healthcare information and not as personalised health advice for you specifically. Any health information or link on the App, whether provided by YU or by a third-party provider, is provided simply for your convenience. We provide information services via our App. The output from these does not constitute medical advice, diagnosis or treatment. They provide information to you based on the information entered. They do not diagnose your own health condition or make treatment recommendations for you. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are not intended to replace or supplement your healthcare provider’s guidance. You shouldn’t take or stop taking any action (such as taking medicines) based on information from our information services. You should always talk to a qualified medical professional about any questions you may have about a medical condition. If you think you have a medical emergency, you should call your doctor or the emergency services immediately. We make no promises and are not liable for the accuracy, completeness, or suitability of any purpose of the advice, other materials and information published as part of the App. We make no warranties in relation to the output of our App. If you contact us through any medium available on our App and correspond with a member of YU’s support department, please be aware that, unless they tell you otherwise, the people responding to your request for help are not doctors or professional medical advisors. We do however have clinical psychologists on our team, and we will let you know if you are talking to, or interacting with, such clinical psychologists. We do not guarantee the availability of any particular staff member at any particular time. We do not tolerate abuse or offensive behaviour towards our staff.

 

Limitation of Liability

In no event will YU be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the site/app, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.  

 

8. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the App. We may suspend or terminate your rights to use the App (including your Account and all associated User Data) at any time for any reason at our sole discretion, including for any use of the App in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the App will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content associated with your Account from our live databases. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 to 9.

 

9. OTHER IMPORTANT TERMS

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. These Terms are governed by Scottish law and we both agree to submit to the non-exclusive jurisdiction of the Scottish courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in Scotland or in the EU country in which you live.