Vyme Terms & Conditions

Note! You are concluding a legally binding Agreement.

This Terms of Use Agreement (the “Agreement”) governs your use of the Service located at https://vyme.fi/ and the mobile application and any other related service (the “Service”), which is owned and operated by Vyme Ab, vyme@info.fi (“Vyme” “we,” “our” or “us”).

By accessing, viewing, downloading or otherwise using the Service or any webpage or feature available through the Service, or by clicking “Register” during the registration process, you conclude a legally binding agreement with Vyme based on the terms of this Agreement and become a Service user (“User”). If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use the Service, webpage or information available through the Service.

No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 13 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

1. DESCRIPTION OF THE SERVICE

The Service is providing User with a public website and a score tracking service and related mobile phone application. No devices or connections necessary for the use of Service are provided subject to these Terms of Use. You are responsible for purchasing, maintaining and updating such devices and connections, including (1) all equipment necessary for their own Internet connection, handheld device, mobile phone, computer and modem and (2) provision for User’s access to the Internet, and (3) payment of any fees relate with such connection.

2. OWNERSHIP

All copyrights in the Materials are owned by Vyme or its licensors to the fullest extent provided under the applicable laws. All rights in the company names, trademarks, trade names, logos and designs whether or not appearing in large print or with the trademark symbol, belong exclusively to Vyme or its licensors, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark laws. The use or misuse of any copyrights or trademarks is expressly prohibited and nothing stated or implied on the Service confers on you any license or right under any copyright or trademark of Vyme or any third party.

The Service and the Materials are intended for customers of Vyme. You may not use the Service or the Materials for any purpose not related to your business with Vyme. Any use of the Service or the Materials or any of its functionality for a purpose not permitted by this Agreement is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted to you by Vyme for use of the Service.

Except as specifically allowed in these Terms of Use, User is not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available your account, the Service, a part thereof or the material contained therein in any way. User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Service or any part thereof, except to the extent permitted under the applicable laws. User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Service.

3. LICENSE AND WARRANT YOUR SUBMISSIONS

You do not have to submit anything to us, but if you choose to submit something (including any User generated content, feedback, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, modify, further develop, prepare derivative works of, improve, distribute, publish, display, remove, retain, add, and use, distribute, sell, sublicense, commercialize and otherwise exploit, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third-party rights. You further agree to inform Vyme in the event that any such information has changed since your registration with the Service and, if appropriate, you agree to make such modifications yourself to your profile. The privacy and protection of Users personal information shall however remain subject to Privacy Policy.

Vyme exercises no control over any content you or others submit while using the Service. Vyme has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through the Service in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Vyme.

Prior to joining the Service, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of the Service Users and to Vyme and you must not communicate to the Service, its Users and Vymeany information the dissemination of which could be harmful to you.

4. PROHIBITED USES AND CONDUCT

Vyme may offer you an opportunity to transmit Materials or other information through the Service. You shall be responsible for, and shall assume all liability with respect to, any Materials or other information you transmit through the Service.

You are responsible for any activity that occurs through your account and You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by Vyme in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to: (i) use any incomplete, false or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other user of the Service; (iii) harvest, collect or send information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure; (v) allow any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.

Vyme may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability and Vyme is entitled to remove such violating material or prevent its use without notice. Vyme assumes, however, no responsibility for the conduct of any Your submitting any content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Vyme does not, and cannot, pre-screen or monitor all content provided by You. Your use of the Service is at your own risk. By using the Service, you may be exposed to content provided by Users that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any content provided by Users available in connection with the Service. If at any time Vyme chooses, in its sole discretion, to monitor the Service, Vyme nonetheless assumes no responsibility for content provided by Users and assumes no obligation to modify or remove any inappropriate content provided by Users. Vyme has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any content provided by Users.

5. LINKS

We reserve the right to allow, deny or rescind permission to link to the Service from any other Service, and to require termination of any link to the Service, for any reason whatsoever, in our sole and absolute discretion.

The Service may contain links to other website and services (“Linked Websites”). The Linked Websites are not under the control of Vyme, and Vyme is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. Vyme provides Linked Websites to you only as a convenience, and the inclusion of any such Linked s is not an endorsement by Vyme in favor of any company offering products or services on the Linked Websites.

6. OBLIGATIONS

You are required to comply with all applicable rules, regulations and laws in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Vyme. As a condition of your use of the Service, you represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

7. REGISTRATION, USERNAME, PASSWORD AND SECURITY

Registration is required to access the community features of this Service. Your registration shall not impose any duty on us to provide any particular service to you. You promise that the information You provide or provided in connection with registration to, and use of the Services is true and accurate. Your username and password will be your identity for purposes of interacting with the Service. You shall keep your username and password confidential, shall not disseminate this information, and shall use your username and password solely in accordance with this Agreement. You shall immediately notify Vyme if you learn of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft or unauthorized use, Vyme may impose on you, in Vyme sole discretion, additional security obligations.

If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform Vyme thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access. You are responsible for actions taken by using your user name until you have informed Vyme of the loss of the password and Vyme has had a reasonable time to prevent the use of the Service with the user name.

8. IN-APP PURCHASES

The basic version of the Service is offered to you free of charge.

Vyme may charge for in app features in the future

9. PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review separately. You in turn agree and consent to the terms of the Privacy Policy by your use of the Service.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS.” Vyme SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. Vyme MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. Vyme DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Vyme DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY Vyme OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL Vyme OR OUR COMMONLY OWNED OR CONTROLLED AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MATERIALS, THE SERVICE, OR ANY WEBSITE LINKED TO THE SERVICE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE MATERIALS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF Vyme HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Vyme’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

You agree to indemnify, defend and hold Vyme and its commonly owned or controlled affiliates, as applicable, and their respective officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Service or Materials; (ii) Materials you submit, post to or transmit through the Service; (iii) any actual or alleged breach by you of this Agreement; and/or (iv) your violation of any rights of another.

13. JURISDICTION IN FINLAND

The Service is operated in Finland. We do not represent that content or Materials presented on the Service are appropriate or available for use in other jurisdictions. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.

14. CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising between Vyme and you arising out of or relating to this Agreement or the existence, validity, termination, interpretation of any term hereof or either party’s performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.

15. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Vyme and governs your use of the Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Vyme. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable rules, regulations and laws to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by our posting on the Service changes to this Agreement or by a subsequent writing signed by Vyme.

16. NO WAIVER

The failure of Vyme to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

17. MISCELLANEOUS

You agree that no joint venture, partnership, employment or agency relationship exists between you and Vyme as a result of this Agreement or your use of the Service. Nothing contained in this Agreement is in derogation of Vyme’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Vyme with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. MODIFICATION OF THIS AGREEMENT

Vyme reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then-current Service Terms of Use to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. If, at any time, you do not wish to accept this Agreement, you may not use the Service.

19. TERMINATION

Your acceptance of this Agreement provides you with a limited right to access and use the Service. Vyme reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Service, with or without notice and with or without cause. Termination of your access to the Service means the revocation of the limited right to use the Service granted to you under this Agreement by Vyme. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.

20. NOTICES

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