INTRODUCTION
It’s a pleasure to welcome you and know that you chose Ysos as your dating app! At Ysos, we prioritize providing the best online dating experience and ensuring you get the most out of our services. Ysos is a service offered by Esapiens Tecnologia S/A. Your privacy and the security of your personal data are and will always be of utmost importance to us. Thus, we will clarify why we need to know better about you and your habits on the internet and in the app, aiming to offer a functional and customized service according to your personal preferences.
By using Ysos, you guarantee that your activities are in accordance with Brazilian legislation, with the legislation where you reside and with the legislation from where you access the application.
All conflicts and claims arising from the relationship between Ysos and the User, even if not contractual, will be governed by the Brazilian law.
Esapiens Tecnologia S/A is headquartered at Av. Desembargador Vitor Lima, 260, Sala 908, Florianópolis/SC, CEP: 88040-400, Brazil and controls its network of services in accordance with Brazilian legislation, not being responsible for the adequacy of its services in other countries. Thus, the User who accesses Ysos services from outside Brazil does so on his or her own initiative and is fully responsible for any violations of the legislation where he or she resides and the legislation from which he accesses.
Ysos may limit the use of the app and other services to non-residents of Brazil without prior notice.
Please read the following terms carefully and the Ysos PRIVACY POLICY, because by registering, accessing or using the services, you are legally accepting the practices of the PRIVACY POLICY and TERMS OF USE or END USER LICENSE AGREEMENT (EULA).
1 IDENTIFICATION OF THE PARTIES
1.1 In this “Term of Use”, the parties involved herein are identified as:
Ysos: Service platform for “dates” intended for anyone who is over 18 years of age, or who is of legal age recognized by the legislation of the country or locality from which they are accessing the platform, by this instrument they will be identified simply as “Ysos.”
User: Every natural person who is over 18 years old, pursuant to Article 5 of Law 10.406/2002 (Brazilian Civil Code), or who are of legal age provided for by the Legislation from where the Ysos Platform is being accessed, herein identified simply as “User.”
2. CIVIL CAPACITY
2.1 By creating your account, using or accessing the Ysos platform, you automatically agree with all the rights and obligations set forth in this “Term of Use”, guaranteeing from now on that you have civil capacity, under the terms of Brazilian legislation, legislation where you reside and the legislation from where you access the application, cumulatively. If there are disagreements with any of the provisions contained in these Terms of Use, even if partial, the User must not access or use the Ysos App.
3. RULES OF USE
3.1 To access and use the Ysos services, you must create a previous registration, and you must provide true, complete, accurate and updated personal data, being responsible for any activity that occurs under your account. In accordance with these terms, you:
i. Not forward financial information or money to other Users;
ii. Not forward personal information, such as document identification, to other Users;
iii. Use the necessary protection to prevent the transmission of STDs;
iv. Know your limits: the User should not be afraid to end the interaction with other Users when he or she feels uncomfortable;
v. Choose a safe place for face-to-face meetings.
3.2 You acknowledge, under any circumstances, that will be solely and exclusively responsible for the use of the Ysos services, carried out from the credentials of your access User, exempting Ysos from any liability for its misuse.
3.3 Ysos management reserves the right, in the event of a violation of any of the clauses defined in these Terms of Use, to previously suspend the User’s account and send a communication by email for the User to present a defense, within 48 hours. If the defense presented is rejected or is not presented within the stipulated period, Ysos will carry out the permanent deletion of the offending User’s account, and his or her data will no longer be accepted for any of the services offered.
3.4 Ysos is made available for User access for an indefinite period, and User hereby declares that he or she is aware that Ysos can be discontinued at any time, at the sole discretion of management.
4 CONTENT SHARED ON YSOS (CONCERNING THE USER)
4.1 The User may send any type of material, as long as it does not contain:
4.2 Ysos has a zero-tolerance policy for abusive conduct in relation to the objectionable content described in these Terms.
4.3 The User may not use the information contained in Ysos, especially those relating to other users, contrary to the purpose of the App, which is to establish a platform for adult relationships.
4.4 Using the information and/or materials of other Users obtained from Ysos for purposes other than those set out in these Terms of Use is not allowed.
4.5 Ysos will not be held responsible for any User’s misuse of information or materials from another User. Each User is solely responsible for everything they send to Ysos and is aware of the risk of using their publications by other Users.
4.6 By submitting any material, the User hereby declares that he or she is not infringing any of the prohibitions established in these Terms of Use, as well as being responsible for all consequences arising from the disclosure of the submitted material, which will be available to the general public, and undertakes that:
4.7 The User may not use Ysos for illegal purposes that violate Brazilian legislation, the legislation where he or she resides or the legislation from where he or she accesses the site and platforms, considered separately.
4.8 In addition to the provisions of the item above, the User may not:
4.9 User undertakes not to use their account on third-party devices and not to allow third parties to use their device to access the platform.
4.10 The User allows his or her information to be displayed and used by all Ysos visitors, as well as understands that they will be indexable in search engines, respecting the Privacy Policy.
4.11 The User agrees to abide by all Brazilian laws, rules and regulations applicable to the use of Ysos and other services, including everything related to copyright.
4.12 By submitting material to Ysos, the User guarantees that he or she is the exclusive author or has full authorization of the content he or she has published, as well as waives any moral rights relating to this content, including, but not limited to, the right to be identified as the author.
4.13 The User does not have any rights in relation to the content of Ysos and all its services and is not authorized to change, alter, modify or adapt anything related to Ysos, nor even create another website or application that may maintain the appearance of being related to Ysos and its services;
4.14 Personal and/or information of any nature sent by the User to any Ysos service may be shared with companies, organizations, public authorities or even individuals, respecting the General Personal Data Protection Law and specifications contained in the Privacy and Security Policy, whether to promote other products produced by us, or if necessary to: (i) comply with a legal rule or court order; (ii) prevent fraud; (iii) prevent or assist in the investigation of illicit acts, for Ysos or third parties’ security reasons; (iv) protect Ysos and its users from any damages.
4.15 The User assumes the risk of all material that he or she sends and agrees that Ysos management cannot and will not be responsible for his or her publications. If the User violates these Terms, or even creates risk or legal exposure for Ysos, the management may cancel all the services it provides to the User, who will lose the right to a refund.
4.16 If the User’s account is terminated, either willingly or by Ysos management, all public account data will be inaccessible to other Users, but will remain in the Ysos database for as long as necessary to fulfill the purposes for which the personnel data was collected. Subject to mandatory custody by law, you have the right to demand the deletion of this data.
4.17 The contents submitted by the User may remain visible on Ysos even after the registration is closed, since Ysos has no control over the indexing of the submitted content by search engines.
4.18 The moment the User’s account is closed, either by his or her own act or by Ysos management, all licenses, except the one mentioned in these Terms of Use, and all rights granted to the User by these Terms terminate.
5. VIOLATION OF TERMS OF USE AND RESTRICTIONS
5.1 Violation of any of the provisions contained in these Terms of Use may subject the User to the following penalties:
5.2 The Ysos management reserves the right, even without prior notice, to monitor, edit, block or even remove any content or User that may be in disagreement with the system of these Terms of Use or with Brazilian legislation. In the event of profile deletion, the User will be notified by email about the decision and will have a period of up to 48 hours to present a defense. If the defense is rejected or not presented, the exclusion will be definitive and irreversible.
5.3 In case of temporary or permanent deletion of the user’s account for breach of the Terms of Use or national legislation, there will be no refunds or credits for unused subscription periods or indemnity in case of deletion of his or her profile.
6. SUBSCRIPTION, RENEWAL AND CANCELLATION SERVICES OF GOLD PLANS
6.1 Ysos may share data with third-party companies such as Apple (iTunes, etc.) and Google (hereinafter referred to as “Third-Party Platform”) and may require the User to register as a member of one of these Third-Party Platforms to use of Ysos, as these Platforms provide the distribution of the Ysos service (App) and management of certain payments. Ysos is not responsible for the terms and conditions of Third Party Platforms and recommends that before using them the User is aware of his or her terms of use.
6.2 Ysos may offer different subscription plans, including promotional plans or subscriptions, with different conditions, amounts and limitations. Any changes to these Terms will be communicated to the User via email notifications or directly in the Ysos support and service user chat. Ysos management reserves the right to change, terminate or modify the subscription plans offered.
6.3 Ysos may offer the purchase of additional products and services to users, especially developed for those who subscribe to the service of the plans. The basic plans currently available are Gold subscriptions: a) Monthly; b) Quarterly; c) Semiannual.
6.4 If the User chooses to use the Gold plan services, he or she agrees that additional terms and conditions may apply to his or her use, access or purchase of the Gold plan services..
6.5 The User can purchase Gold plan services through the following payment methods:
6.6 Ysos may offer products and services for purchase (in app purchases – IAP) through iTunes, Google Play or other application platforms authorized by Ysos (Third-Party Stores). If the User chooses to make an in-app purchase, he or she will be asked to provide his or her account details on the Third-Party Store. The User’s account will be debited for the in-app purchase in accordance with the terms disclosed at the time of purchase, as well as the general terms for IAP applicable to the User’s account in the Third-Party Store. In-App Purchases may include monthly subscriptions (e.g., one-month subscription, three-month subscription, six-month subscription) to give you access to additional benefits on your account.
6.7 Once the User requests a service from the Gold plans, he or she authorizes us to charge his or her selected payment method. Ysos will begin charging the total subscription price for the chosen plan upon subscription.
6.8 The User’s Ysos Gold service subscription will be automatically renewed until the User decides to cancel it in accordance with these terms. If there is a conflict between the Third-Party Store terms and the Ysos terms and conditions, the Third-Party Store terms must prevail.
6.9 The User must pay attention to the fact that in the purchase of In-Apps products made on a subscription basis, the User’s subscription will be automatically renewed for the same subscription period that the User elected upon purchase (e.g., if he or she opted for a six-month plan subscription, the subscription will be automatically renewed for further six months). To change or cancel the subscription made through an in-app purchase, the User must log into their Mobile Platform account and follow the instructions to cancel his or her subscription.
6.10 The automatic renewal will be charged in the amount of the contracted plan until the User cancels the subscription to the service.
6.11 To avoid charges for additional periods, the User must cancel the subscriptions before the end of the purchase period or renewal, as the case may be, in accordance with the terms and conditions of his or her Mobile Platform Account and the terms and conditions of Third-Party Stores, if applicable.
6.12 Ysos reserves the right to adjust the prices of the service or parts of the service in any way, at any time and according to its own and exclusive criteria.
6.13 Payments are non-refundable and there will be no refunds or credits for partially used subscription periods. However, after cancellation, the User will continue to have access to the service until the end of the period already paid.
6.14 At any time and for any reason, Ysos may refund, provide discounts or other forms of compensation to any or all its subscribers. The decision on this is at the sole discretion of Ysos. Such decision will not grant the User any right to compensation in the future for similar situations under any circumstances.
6.15 If it is not possible to offset the full amount due from your payment method, whether due to expiration, insufficient funds or otherwise, and the User does not change the details of his or her payment method or cancel his or her account, the User will remain responsible for the total uncollected amounts payable and authorizes Ysos to continue charging the payment method, which may be updated, thus changing the dates of his or her renewal cycle. For certain payment methods, the payment method’s financial institution may charge fees for international financial transactions or other fees. Check with the financial institution of your payment method for further details.
6.16 Ysos management and third party operating service providers reserve the right to block any User from carrying out any or all transactions; and/or refuse to provide any product to any User.
6.17 In cases where the User’s use or registration of the App is terminated for breach of said Terms, the User must not be entitled to a refund of any unused portion of any payment made, or other considerations.
6.18 The User may cancel his or her subscription whenever he or she wants, and Ysos does not refund or give credits for subscription periods that may not be used by the User, and any right to regret for renewal purchases made on the platform does not apply to the case.
6.19 Ysos will not be responsible for any errors in payment processing (including card processing, identity verification, regulatory review and compliance), fees or other service-related issues, including issues that may arise from inaccurate account information, products or goods that the User obtains through their Mobile Platform Account or third-party stores.
6.20 We recommend that the User reads and agrees to the applicable terms and conditions of the third-party payment processors, third-party App Stores, or Mobile Platform Account before making any purchase of Services under the Gold plans.
7. CONTENT REPORTING
7.1 If a User considers that there are information, facts or circumstances that constitute illegal activity or are contrary to these Terms of Use in the Ysos services and products, he or she must report the content, through the service’s reporting tool or by speaking directly with the Ysos user chat intended for his or her service and support, providing all the necessary information for the Ysos management to take the appropriate measures.
7.2 The User must not use the reporting tool indiscriminately or with the intention of harming other users, under penalty of blocking the profile. However, the reporting mechanism may be used whenever the User observes a possible violation of these Terms or Brazilian legislation.
8. REGARDING YSOS
8.1 Ysos will not be responsible for the conduct or any content submitted by the User.
8.2 Ysos may display links to third-party sites or sources for information purposes, over which it has no control, reason why it will not be liable for damages of any nature to the User, due to the eventual use of such data.
8.3 The User is aware that third-party sites or sources will be governed by his or her own policies and terms of use.
8.4 Ysos will strive for the optimal operation of its full network of services, although it cannot guarantee that all functions will be accessible without interruption. Ysos makes no guarantees regarding the quality, performance and functionality of its services.
8.5 Ysos cannot be held responsible for reductions in functionality of its services accessed on mobile devices, nor will it be responsible for any charges applied by internet or telephone providers if the User agrees to receive messages or notifications from Ysos on his or her device.
8.6 Ysos may delete, suspend, modify or even create new services without informing the User.
8.7 Ysos may restrict users’ access to the platform according to the access plan purchased. The criteria used for such distribution will be at the full discretion of Ysos.
8.8 The payment methods and conditions, as well as the advantages acquired in each access plan, will be addressed in their own Terms and will have special regulations that, however, do not exclude the provisions contained in these Terms of Use.
8.9 Users who do not subscribe to Ysos services and whose subscription has expired or been suspended may have access partially and/or totally restricted.
8.10 Ysos does not guarantee that its servers are free of viruses or mechanisms that may damage mobile devices and will not be held responsible for any damage that may occur to the User’s hardware and software systems.
8.11 Ysos will not be responsible for the use of information made publicly available on the platform by the User, third parties or other members of the application, since all publications are the responsibility of the user. However, when it becomes aware of irregular actions, it will take appropriate measures.
9. TERMS OF ACCEPTANCE
9.1 By accepting these Terms, the User agrees that Ysos, its affiliated companies, officers, employees and agents are free from any legal liability for any submitted content, including those that represent defamatory, offensive or illegal conduct of any third party.
9.2 The User understands and expressly agrees that Ysos may monitor all areas of its services to enforce these Terms of Use or other rules that may be published, and delete or edit any content that violates these Terms.
9.3 In no event shall the Ysos management, its affiliated companies, officers, employees or agents be legally liable for any direct, indirect, incidental, special, or punitive damages resulting from: (i) any content errors, mistakes or inaccuracies; (ii) personal or property damage of any nature resulting from its access to and use of this service; (iii) any unauthorized use of Ysos servers and/or any stored personal information or any errors, loss or instability of data, problems with the hosting server or corruption of any material; (iv) any interruption or end of transmission to the platform; (v) any bugs, viruses or the like that may be transmitted to or through the Platform by any third party and/or; (vi) any errors or omissions in any content or for loss or damage of any kind resulting from any content uploaded, emailed, transmitted or otherwise available through the Ysos application; (vii) any other interactions with Ysos or any other User, even if Ysos or one of its authorized representatives has been advised of the possibility of such damages.
9.4 The User understands that it must defend, indemnify and hold Ysos, its affiliated companies, officers, shareholders, employees or agents, against any claim, damages, obligations, losses, liabilities, costs or debts and expenses (including, without limitation, attorneys’ fees and legal expenses) arising from: (i) the User’s misuse of and access to the Ysos platform; (ii) breach of any provision of the Terms of Use by the User; (iii) the violation of any third party right, including, without limitation, any copyright, property or privacy right, by the User.
9.5 Even if any of the clauses of these Terms of Use is declared illegal, invalid or cannot be fully enforced, the other Terms of Use remain fully applicable and effective.
9.6 The partial exercise, delay or even failure of Ysos to exercise its rights contained or not in these Terms of Use does not give rise to its waiver.
10. TERRITORIAL RESTRICTIONS
10.1 The information provided within Ysos may not be distributed or used by any person or entity that is in a jurisdiction or country that prohibits such conduct, as well as in those countries or jurisdictions that require Ysos to proceed with any type of registration. We reserve the right to limit the availability, in whole or in part, of the full Ysos platform to any person, area or jurisdiction, at any time and without prior justification.
10.2 Ysos is headquartered in Brazil, and controls its service network in accordance with Brazilian law and is not responsible for the adequacy of its services in other countries. Thus, the User who accesses any of the services of the Ysos platform from another country does so on his o her own initiative and is fully responsible for any violations of the legislation where he or she resides or the legislation from which he or she accesses.
10.3 These Terms of Use are written in Brazilian Portuguese. If there is a conflict between the version written in Brazilian Portuguese and another language, the version in Brazilian Portuguese must prevail.
11. GENERAL PROVISIONS
11.1 These Terms of Use consist of the full and complete agreement between the Ysos platform and the User and supersede any prior oral or written agreement made between them.
11.2 All disputes or claims arising from the relationship between the Ysos platform and the User, even if not contractual, will be governed by Brazilian legislation.
11.3 These Terms of Use:
11.4 The services offered by the Ysos platform and services are the responsibility of ESAPIENS TECNOLOGIA S/A, a legal entity governed by private law, enrolled with the CNPJ/MF under No. 10.314.689/0001-82.
11.5 Our Data Protection Officer (DPO) is Leandro Gomes, responsible, among other aspects, for accepting complaints and communications from you, providing clarifications and adopting measures. You can contact him through the Personal Data Subject Portal/form: //dpo.ysosapp.com.br.
11.6 The User undertakes to keep up to date with changes to the Terms of Use.
11.7 Ysos reserves the right to modify these Terms of Use at any time and without justification.
11.8 Modifications to these Terms may be made through a simple update in the Ysos App, the User’s awareness of the new Terms will occur on the first access after the new rules become effective.
11.9 The Terms of Use, when updated, will become effective as soon as they are posted on the Ysos pages, unless otherwise provided for in the reasons for the update.
11.10 Ysos retains all rights not expressly granted in these Terms of Use.
11.11 Any tolerance by Ysos regarding non-compliance with the provisions of these terms will not, under any circumstances, constitute a waiver or novation, nor will it prevent Ysos from asserting any rights set forth herein;
11.12 If any clause of these Terms is declared null, for any reason, the other clauses will remain in force and will fully produce their effects. If the nullity affects the balance of this relationship, the parties undertake to renegotiate, in good faith, the conditions established herein.
11.13 The Privacy Policy, available at the link: //ysosapp.com/privacy-policy is an integral part of this document, and both of which will be applied and interpreted together. In case of divergence between the Terms of Use and the Privacy Policy or other documents, the provisions of these Terms of Use must prevail.
11.14 All disputes or claims arising from the relationship between Ysos and the User, even if not contractual, will be governed by Brazilian law.
11.15 For the solution of any dispute arising from these Terms of Use, the forum of the district of the city of Florianópolis, state of Santa Catarina, is elected for the resolution of any conflicts.