Terms of service

WELCOME TO YUBO

The YUBO Application (the “ YUBO App”) allows you to make new friends.

The YUBO App is developed and operated by TWELVE APP SAS, a French company (société par actions simplifiée) registered with number 810 283 507 SIRET and having its registered offices located 8 rue de Charonne 75011 Paris, FRANCE (“TWELVE APP”)

I. ACCEPTANCE OF THE PRESENT TERMS & CONDITIONS

By registering on YUBO, you acknowledge that the use of this service is subject to the YUBO’s Terms of Service that you must accept in order to use our services. The use of our services means that you agree to these Terms. These Terms include the provisions of this document as well as those of the Privacy Policy.

The content of these Conditions may vary from time to time, notably to take into consideration any changes of applicable laws. Any changes will be brought to your attention for their careful review. The continued use of the YUBO App following notice of any changes constitutes an express acceptance of the amended YUBO Terms of Use.

II. USER PROFILE

  1. II.1 If you are under age 13, you are not permitted to use the YUBO App. If you are between 13 and 17 years old, you are not allowed to create a user profile without the permission of your legal representative.
  2. If you are the legal representative of a minor YUBO user and you want to contact us, send us a message using the online form available in the section “Safety Center” of the website www.yubo.live
  3. II.2 To create a user profile and have access to the YUBO App, you have to provide us with personal information. You also have to upload a profile picture that represents you. Those personal data need to be provided to access the YUBO App and its functionalities. 
  4. While creating a profile user, you have to provide us with correct information and do not create an account without your own identity. In the event that your access to the YUBO App has been suspended, interrupted or somehow blocked or removed by TWELVE APP, your are not allowed to create a new user profile.

III. PAID SERVICES

  1. The creation of your user profile and the access to the standard features of the YUBO application is free. To enrich your experience, you can nevertheless subscribe to paid offers, either punctually (to allow you, for example, to increase your visibility on the App for 30 minutes) or through a premium subscription that will give you access to additional features upon payment of a monthly fee ("Paid Services"). The characteristics of Paid Services and their prices are specified in the Application.
  2. The purchase process for Paid Services depends solely on the mobile application platform used and on the settings you have selected on your phone. In order to make a purchase, you must, therefore, have a user account on the platform on which you downloaded the YUBO App (Google Play for Android or App Store for iOS). We recommend that you read the terms of use of these application platforms carefully to learn more about the rules applicable to your order. If TWELVE APP is responsible in all respects for the content of the paid service purchased, the management of your order and your payment is made by the application platform.
  3. Once purchased, the Paid Services do not give the right to any refund, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have it available immediately and waive your right of withdrawal regarding this purchase.

IV. INTELECTUAL PROPERTY

  1. TWELVE APP is the sole and exclusive owner of all rights in and to the YUBO App. In particular, but without limitation, TWELVE APP holds all rights to host, store, use, display, reproduce, modify, adapt, edit publish and distribute the YUBO App and any and all parts of the YUBO App.
  2. The YUBO App and any work, feature or content it includes or offers (including notably any software it provides), may not be copied, amended, modified (in any manner whatsoever), distributed, sold, offered for sale, leased, reverse engineered, decompiled nor can any of its elements be extracted (including the source code of any software it provides) or derivative works created, save where expressly permitted either by TWELVE APP and/or applicable laws.
  3. For the exclusive purpose of downloading and using the YUBO App, TWELVE APP grants to all users a personal, worldwide, royalty-free, non-transferable and, non-exclusive license to access and use the YUBO App. The fact to download and/or use the YUBO App does not grant any other right, including any copyright, in and to the YUBO App.
  4. The YUBO App can be modified and improved at any time. Some products/functionalities may be added or removed at TWELVE APP sole discretion. TWELVE APP can also decide freely to suspend or delete the YUBO App. No warranty whatsoever, either express or implied, is granted as to the content/products/functionalities of the YUBO App and as to its existence and maintenance in full force and effect.

V. CONTENT PROVIDED BY THE USER

V.1 While registering on the YUBO App and/or using it, you are required to or may be willing to upload, post, send, receive, store, create content of whatever nature, including data, picture and/or video content.

For the exclusive purpose of offering, operating, amending, promoting and/or improving the YUBO App you grant us a worldwide, royalty-free, transferable right to host, store, use, display, reproduce, adapt, translate, amend, edit, distribute, in whole or in part, (i) such content as well as (ii) the name, voice and likeliness as reproduced on such content.

For the same purposes, and only for them, you grant us a similar authorization to exploit any content generated within the framework of the YUBO App (such as, for example, through the Live Chat service ) and broadcasted by you toward third parties. Pursuant such authorization, you acknowledge that TWELVE APP will be able, for example, to exploit such content in order to promote the YUBO App on the social networks on which you have decided to previously broadcast it.

V.2 You are not allowed to:

post unsolicited commercial communications, collect other users’ information, data and content without their express authorization

- post content that infringes third parties’ rights (including intellectual property rights), pornographic, discriminant, racist, or threatening content, content that incites to violence, that defames, contains any kind of violence, harasses or intimidates other people

- more generally use other people’s rights, including image, likeliness and voice rights without their approval

- upload viruses or somehow alter the functioning of the YUBO App or interfere with its access

- use the YUBO App in any unlawful, misleading, malicious or discriminatory way

- post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service

- defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the YUBO App, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

V.3 Any content patently unlawful that will be notified to us as requested by Law or considered by us non-compliant with the YUBO Terms of Service will be removed or deleted. We will also delete or remove any content as requested by an entitled authority or a court.

V.4 Any action, content, information or data uploaded, posted, sent, stored, created by any user is under its sole responsibility. Each user shall indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to any claim (of whatever nature) brought against us in relation to any action, content, information or data of whatever nature uploaded, posted, sent, received, stored, created by that user.

V.5 Notably for safety and security reasons., backup copies of any content posted by any user might be stored, in accordance with applicable regulations, for a reasonable period of time even though such content has been deleted from the YUBO App or the related account deleted from it.

VI. NOTIFICATION - REPORTING

VI.1 Notification of illegal content – article 6-I-5 of the Law n°2004-575 of 21 of June 2004 pour la confiance dans l’économie numérique (LCEN)

As a hosting provider, we are not subject to a general obligation to monitor the information we transmit but you have the possibility to notify us any content you consider is somehow illegal or illicit or infringes your rights.

To be taken into account, the notification has to be sent by registered letter to:

TWELVE APP – Safety Center

Notification of illicit content

8 rue de Charonne

75011 Paris

FRANCE

To be valid, the notification should include the following:

- the “Notification Form”, available in the section “Safety Center” of the website www.yubo.live, duly completed;

- the copy of the message sent to the author or the publisher of the illicit content where you ask him to remove it or any document showing that you did not manage to contact him

Only complete and valid documents of notification will ensure that your request will be taken into account. You always have the option to refer the matter to the competent authorities. 

VI.2 Reporting of content offensive to human dignity –offences of article 6-I-7 of the LCEN

Pursuant article 6-I-7 of the LCEN, we are helping to tackle the following offenses:

- Child pornography;

- Apology for crimes against humanity;

- Incitement to discrimination, hatred, or violence with regard to a person or a group of people because of their origin, a gender, a sexual orientation or identity or a handicap;

- Shocking content accessible to minors (violent, pornographic, detrimental to human dignity or encouraging minors to engage in games putting them in physical danger);

- Incitement to acts of terrorism

- Incitement to suicide

You can report any content of that kind easily. You only have to fill in and send us the online form “Reporting offenses to human dignity” duly completed (section “Safety Center” of the website www.yubo.live or through your settings).

VI.3 Reporting of inappropriate content

In order to provide you with a comfortable and secured use of the YUBO App, we provide you with a community moderation tool that allows you to report inappropriate content.

When you want to report the content of a user profile, which is not a friend, click on the flag icon and choose among the available options.

When you want to report the content of a user profile which has become a friend, click on the « … » icon on your friend’s profile and choose among the available options:

This process is granted for the ease of the user and the safe functioning of the YUBO App but does not prevent him from complying with the provisions of applicable rules and in particular those set forth in the LCEN. The reporting made through this process will not produce the effect that Law attaches to the Notification mentioned in previous sections VI.2 et VI.3 of this article.

VII. PERSONAL DATA

TWELVE APP attaches great importance to protecting the privacy of its users. The Personal Data of YUBO users are processed in accordance with the Privacy Policy accessible here.

VIII. LIMITATION OF LIABILITY

  1. We are doing our best to provide the YUBO App up, bug-free and safe. Despite the foregoing, the YUBO App is provided as available and any use of the TWELVE APP is made at the own and exclusive risk of the users.
  2. No warranty whatsoever, either express or implied, are granted as to the merchantability, fitness for any particular purpose (whether commercial or not), non-infringing nature, safety, the absence of bug and other error, disruption, delay and imperfection of the YUBO App.
  3. VIII.2 TWELVE APP shall not be held liable for any indirect, incidental, special, consequential, punitive, multiple damages, loss of profits or revenues, loss of data, or other losses resulting from the access and use of the YUBO App, the content accessible through the YUBO App, the illicit use of the user’s data and other rights.
  4. Subject to any applicable laws, any liability of TWELVE APP SAS for all claims related to the access, download, use of the YUBO App and related services shall be limited to 100 euros.
  5. VIII.3 Any violation by any user of the YUBO Terms of Service, or any use that might generate a risk (whether legal or other) for TWELVE APP may lead to the termination of the access to the YUBO App. In any case, TWELVE APP is free to terminate, suspend, and deactivate any profile account, at its discretion, without prior notice.

Each user is free to terminate his/her/its relationship with TWELVE APP in connection with the YUBO App by simply deleting his/her/its profile account.

IX. SEVERABILITY – WAIVER

The fact that any provision of the YUBO Terms of Service is held null, unenforceable, void, illegal or inapplicable shall not affect the validity of the YUBO Terms of Service is and shall not exempt the user from performing its obligations under the YUBO Terms of Service.

The failure or delay of TWELVE APP SAS to require performance of any provision of the YUBO T&C, or the failure of TWELVE APP SAS to partially or fully exercise any of its rights pursuant to the YUBO T&C, shall not be deemed to constitute a waiver by TWELVE APP SAS of the respect by the user of its obligations, warranties et commitments pursuant to the YUBO T&C.

X. APPLICABLE LAW AND JURISDICTION

The YUBO Terms of Service shall be governed by French law. Any dispute shall be submitted to the Paris first level civil court.