1. The agreement. Upgrading and Downgrading Terms
1.1. This is a legal agreement between you (either as an individual or a legal entity) as the User and Yarooms International S.R.L. as the Provider.
1.2. By creating an account on www.yarooms.com and/or by using the YArooms web services ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree with this Terms of Service, you shall immediately: a) stop using the Service; b) do not create your account.
1.3. If you are accepting these terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms.
1.4. The provider reserves the right to update and change the Terms of Service. Any modification to these terms will be mentioned on www.yarooms.com and/or will be communicated to you by email. The modified version of terms of Service will become effective no sooner than 15 days after it is communicated to you. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Service, you should stop using Service and delete your Account.
1.5. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
1.6. Violation of any of the terms of this document will result in the termination of your Account.
2.1. When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Account" means the account created and used by you on the Platform in order to use the Service.
"Content" means any information provided by you on the Platform such as but not limited to any information regarding the office locations, number and types of rooms, any information regarding the scheduled meetings, including the meeting topics and participants; any personal data provided by you on the Platform. The Content will be available only to you and other users that you have shared the Content with.
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Provider" means Yarooms International S.R.L., a Romanian Company registered with the Trade Registry Office attached to Bucharest under no. J40/16047/2016, having sole registration code 36814476 who is entitled to provide and sell the Service in the conditions stipulated under the Terms of Service.
"Platform" means the website www.yarooms.com and any subdomain of the yarooms.com domain where the Software can be accessed and used;
"Service" means the services provided in relation with the Software, namely the right to use the Software.
"Software" means the room booking software YArooms available at: www.yarooms.com
"User" and/or "You" means the person who access and use the Service, in the conditions stipulated under the Terms of Service.
3. Rules regarding the use of the Service
3.1. In order to use the Service, you need to create an Account on the Platform and to be logged in when using the Service. In this respect:
a) You must be 13 years or older to create an Account and to use this Service;
b) You must be a human. Accounts registered by "bots" or other automated methods are not permitted and will be deleted without any prior notice.
c) You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process. Any Account created using fake information will be deleted without any prior notice;
d) You are not allowed to create an account using personal information of third parties (physical or legal persons) unless you are empowered by that person to open an Account;
e) Your login may only be used by one person – a single login shared by multiple people is not permitted.
3.2. You are responsible for maintaining the security of your account and password. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.3. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
3.4. You may not use the Service for any illegal or unauthorized purpose and/or activity. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
3.6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the provider.
3.7. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages by using the Service.
3.8. You must not transmit any worms or viruses or any code of a destructive nature.
3.9. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any providers, customer, employee, member, or officer will result in immediate account termination.
3.10. The provider does not pre-screen Content, but the provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3.11. Also, we may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. Payment and Refunds
4.1. A valid credit card is required for paying accounts. Trial accounts are not required to provide a credit card number.
4.2. The Service is billed on a monthly, quarterly, bi-annually or yearly basis, depending on the selected billing plan.
4.3. Billing occurs at the start of the billing period for all plans except the "Pay As You Go" plan.
4.4. The monthly payment (for Pay As You Go accounts) is calculated by the following formula: number of future meetings that existed during the current billing cycle times agreed amount per meeting.
4.5. If the amount calculated by the above formula is lower than the minimum amount, the minimum amount shall be charged.
4.6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4.7. Renewal invoices are issued automatically unless the account owner does not explicitly terminate the service.
4.8. The credit card on file is charged automatically by our billing system one day after an invoice is issued.
4.9. All accounts benefit from 14 days of free trial starting with their registration date.
4.10. Failing to register a valid credit card when the trial period ends will lead to the suspension of the account, followed by its termination.
4.11. Minimum amount - starting 1st of October 2015 all Pay As You Go plan customers pay a minimum amount of 4 GBP (respectively 5 EUR, or 5 USD).
4.12. All invoices will contain additional VAT of 19%. Customers are eligible for exemption from EU VAT if they choose to be billed as a taxable entity and provide proof of this status. Proof of taxable entity is a government issued document showing registration and tax status. The following documents are valid proofs of taxable entity:
- VAT registration number for EU customers
- Fiscal residency certificate
- Certificate of incorporation
- Charity registration certificate
- Most IRS forms for U.S. customers or other documents containing your E.I.N.
- Documents that contain a registration number which is verifiable using a public government service
5. Acknowledges and warranty limitations
5.1. The service is provided on an "as is" and "as available" basis. Therefore, you acknowledge that your use of the Service is at your sole risk.
5.2. The Provider does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
5.3. Also, the Provider does not warrant that the Content will be always available, always synchronized and updated and error free. Also, you understand that in extraordinary circumstances the Content can be lost, therefore we recommend you to always backup the Content you provide on the Platform.
5.4. Technical support is only provided to paying account holders and is only available via email.
5.5. You understand that Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5.6. You expressly understand and agree that the provider 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 the provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
5.7. Exclusive remedy: In case of any breach of the above limited warranty, Provider will repair the prejudice, meaning that it will refund you the price paid for the Service in the month when the breach occurred. You acknowledge that the above warranties are your exclusive warranties and replace all other warranties or conditions, express or implied, including but not limited to warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
6. Modifications to the Service and Prices
6.1. The provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including to delete and/or to add new functionalities to the Service and/or to the Software.
6.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the www.yarooms.com site or contacting you by email.
6.3. The provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Cancellation and Termination
7.1. Termination of the Account grants that no future charges will be executed on your credit card, unless you have any unpaid amount in relation with the use of the Service. Additionally, if the Account will be terminated you will not be allowed any more to use the Service. Any information available on your Account and all the Content attached to your Account will be deleted when the Account will be terminated.
7.2. The provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Provider service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Provider reserves the right to refuse service to anyone for any reason at any time.
7.3. In the situation you breach any obligation stipulated under this Agreement and/or stipulated by the law (including you intend to fraud the Provider) the termination will be effective immediately without any prior notice. In any other situation, you will receive a 30 days’ prior notification by email before the termination of the Account. The termination will be effective when the 30 days’ term is met.
7.4. You are allowed to terminate your account anytime, by giving a 30 days’ written prior notification to the Provider. In this respect, if you want to terminate this Agreement you shall notify the Provider by email. The termination will be effective when the 30 days’ term is met.
8. Copyright and Content Ownership
8.1. Provider and/or his partners own all the intellectual Property Rights regarding the Software and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you.
8.2. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Provider and/or his partners. The Software, including the Software`s logos and trademarks, are proprietary to the Provider and/or his partners and protected by applicable laws and by international treaties provisions.
8.3. You shall respect the Provider and/or his partners Intellectual Property Rights, as stipulated under this Agreement and the applicable laws and you shall not: a) make any modification, adaptation, improvement, enhancement, translation and/or derivative work from the Software; b) decompile, disassemble, reverse engineer, or attempt to decompile, disassemble or reverse engineer, the Software.
9.1. The failure of the provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
9.2. Provider may assign its rights and obligations under this Agreement to any party for any reason whatsoever.
9.3. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts.
9.4. The Terms of Service constitutes the entire agreement between you and the provider and govern your use of the Service, superseding any prior agreements between you and the provider (including, but not limited to, any prior versions of the Terms of Service).
9.5. You can contact the Provider at the following email address: [email protected]
This document has been updated and is applicable since: 17 January 2017