Terms of Use

Last Updated: 29/08/2024

1. CONTRACTUAL RELATIONSHIP

Our website YSPOT.IO (the “Website”) and any application under the tradename of “YSPOT” related to it (the “App”) (together the “Platform”) are operated by YSpot, a company registered at Sharjah Research technology and Innovation Park Free Zone Authority, Sharjah, United Arab Emirates (hereinafter collectively referred to as “YSPOT” or “we” or “us” or “our”).

These Terms of Use are applicable to all visitors, users and others who access and/or use the Platform (the “Users” or “you”).

Using or accessing the Platform indicates your acceptance of these Terms of Use without the need for your handwritten signature. Therefore, if you do not accept these Terms of Use, generally or partially, please do not continue to use or access the Platform.

Please read these Terms of Use carefully. Together with our Privacy Policy and other terms available on the Platform, these Terms of Use govern our relationship with you and shall constitute a legally binding agreement between you and us (the “Agreement”).

This Agreement supersedes any prior agreements or arrangements between YSPOT and you. YSPOT may immediately terminate this Agreement and/or your access to the Platform at its sole discretion, at any time and for any reason, without incurring any liability towards you.

Supplemental terms may apply and such supplemental terms shall be disclosed to you prior to accessing and/or using with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to and shall be deemed a part of this Agreement. The provisions of the Supplemental Terms shall prevail over the provisions of this Agreement in the event of a conflict.

2. GENERAL CONDITIONS

By agreeing to these Terms of Use, you:

  1. warrant and represent to us that (i) you are at least the age of 15 in the country of provision of the Services to apply for employment opportunities; (ii) you have obtained all consents and authorizations according to the applicable laws and (iii) you are not a person banned from entering into agreements in the country of provision of the Services;

  2. agree that you must not use the Platform for any illegal, harmful, fraudulent, or unauthorized purpose nor may you, in the use of the Platform, violate any applicable laws, including but not limited to copyright laws and social media laws;

  3. agree that you must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, without express written permission by us; and

  4. agree that you must not transmit to the Platform any viruses or any code of a destructive nature.

We reserve the right to prohibit any person from accessing and/or using the Services for any reason whatsoever and at any time, without notice and/or justification.

We, along with our affiliate companies and/or partners, exclusively own and control all intellectual property rights available on our Platform, including, without limitation, text, design, graphics, logos, images, downloads, code and software. Any copying, distributing, posting, linking or otherwise modifying of the Platform by you without our express written authorization shall be considered an infringement of the relevant intellectual property right.

3. THE SERVICES

The services to which you shall have access to on the Platform (the “Services”) are either provided directly by us or by independent third-party service providers with which we have entered into service agreements (the “Service Providers”). When the Services are provided by the Service Providers, we act merely as a technology platform providing you with access to the Service Providers and their Services and therefore, we do not undertake any of the Services and we shall not be held liable for the performance/non-performance of such Services by the Service Providers.

The Services include, but are not limited to, providing a social media platform, hosting social events and providing mentorship as well as other type of services, as amended by from time to time by YSPOT.

The use of the Platform to obtain access to the Services is subject to the following terms and conditions:

i. Opening of Account

In order to benefit from the Services, you must access our landing page and/or download the App (if and when available in the country of provision of the Services) on your smart device, follow the instructions and provide all required information in order to create your account (the “Account”) and allow YSPOT to provide you access to the Services available on the Platform. You should provide personal information requested by YSPOT in order to create the Account. You hereby allow YSPOT to collect your personal information and your precise geolocation in accordance with its Privacy Policy. YSPOT may send you informational and marketing text messages unless you choose not to receive such messages.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by YSPOT in writing, you may only possess one Account.

When using the Platform and the Services, you agree to comply with all applicable laws and regulations in the country of provision of the Services, notably while posting any picture, video or post using the Account on your own profile, on other users’ profile or while interacting with the Service Providers.

ii. Geolocation

You agree to allow YSPOT to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience. You may disable your geolocation but be advised this may impact your user experience.

iii. User Conduct

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.

iv. Network Access & Devices

You are responsible for obtaining the data network access necessary to access the Platform and use the Services. Your mobile network’s data and messaging rates and fees may apply if you access the Platform or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and the Services and any updates thereto. YSPOT does not guarantee that the Platform, or any portion thereof, shall function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

You may only access the Platform by using authorized means. YSPOT reserves the right to terminate this Agreement if you use the Platform with an unauthorized device.

v. License

Subject to your compliance with this Agreement, YSPOT grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to:

  1. access and use the Platform on your personal mobile device and/or computer solely in connection with your personal and non-commercial use of the Platform; and
  2. access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are hereby reserved by YSPOT and YSPOT’s licensors.

vi. Third Party Services & Content

The Platform may contain advertisements and/or links to third parties’ websites. The Services shall be made available and/or accessed in connection with the Service Providers and content (including advertising) that YSPOT does not control. You acknowledge and agree to their terms and conditions or terms of use and privacy policies or any other policies or cookies that may apply to your use of the Services and content that might differ from this Agreement.

YSPOT shall not be responsible or liable for any products or services provided by the Service Providers on the Platform, for any acts or omissions of any advertiser and/or Service Provider. The Service Providers shall be solely and fully responsible for the Services provided through the Platform and the content of such Services.

Additionally, Apple Inc., Google, Inc., Microsoft Corporation are third-party beneficiaries. If you access the Services using applications developed for Apple iOS, Android and Microsoft Windows, respectively by these third parties’ beneficiaries, you must abide by their terms as set forth in the terms of use/service of their applications. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Platform and the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of use/service.

You agree to comply with any applicable third-party terms when using the Services through our Platform.

vii. Ownership

The Platform and all rights therein are and shall remain YSPOT’s property or the property of YSPOT’s licensors. Neither this Agreement nor your use of the Platform and/or the Services convey or grant to you any rights:

  1. in or related to the Platform except for the limited license granted above; or
  2. to use or reference in any manner YSPOT’s company names, logos, product and service names, trademarks or services marks or those of YSPOT’s licensors.

viii. Text Messaging

You agree to allow YSPOT to send you informational text (SMS) messages for the purpose of improving your customer experience.

ix. Referral Program & Promotional Codes

YSPOT may, at its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for features or benefits related to the Services and, subject to any additional terms that YSPOT establishes on a per promotional code basis. You agree that Promo Codes:

  1. must be used for the intended audience and purpose, and in a lawful manner;
  2. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by YSPOT;
  3. may be disabled by YSPOT at any time for any reason without liability to YSPOT;
  4. may only be used pursuant to the specific terms that YSPOT establishes for such Promo Code;
  5. are not valid for cash; and
  6. may expire prior to your use.

YSPOT reserves the right to withhold or deduct features or benefits obtained through the use of Promo Codes by you or any other users in the event that YSPOT determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

x. User Provided Content

YSPOT may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to YSPOT- textual, audio, and/or visual content and information, including commentary and feedback related to the Platform and/or the Services, initiation of support requests, and submission of entries for the use of the Services, competitions and promotions (“User Content”). Any User Content provided by you remains your property.

However, by providing User Content to YSPOT, you grant YSPOT a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and YSPOT’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You further represent and warrant that:

  1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant YSPOT the license to the User Content as set forth above; and
  2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor YSPOT’s use of the User Content as permitted herein shall infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. The User Content must:
    • be accurate and genuinely believed;
    • avoid quoting out of context and include a credit for the original author as the source of material; and
    • comply with all applicable domestic, foreign and international laws that govern the content which makes up the User Content;
  4. You also agree that the User Content will not:
    • be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise objectionable;
    • promote discrimination on grounds of race, sex, religion, nationality, disability, religion or belief or age;
    • infringe any intellectual property rights including copyright, design right, database right, patents, trade mark, moral or performer’s right or any other third party right;
    • be likely to harass, upset, alarm or cause distress to any other person;
    • contain an instruction, advice, or content that could cause harm or injury to individuals or to computers or systems;
    • encourage anyone to commit any unlawful or criminal act or condone any unlawful or criminal act;
    • give the impression that the User Content emanates from YSPOT (or any of its group companies) if this is not the case, or impersonate any person, or misrepresent your identity or affiliation with any person; and
    • contain any advertising without our express consent.

YSPOT may, but shall not be obligated to, review, monitor, or remove User Content, at YSPOT’s sole discretion and at any time and for any reason, without notice to you.

xi. Moderation of the Platform

We strive to create dialogue with users of our Platform and encourage you to share content via the Platform in accordance with this Agreement. To help us do that, we try to monitor the Platform during normal business hours (Monday to Friday, excluding public holidays). We will try to check that all submissions to the Platform comply with our acceptable User Provided Content described above (the “Rules”) as soon as reasonably practicable after publication.

If in our opinion an individual makes use of the Platform in breach of these Rules, we reserve the right to remove, or to disable access to, any User Provided Content, and to terminate, suspend or change the conditions of their access to the Platform without prior warning. We also reserve the right to bring legal proceedings against any individual for a breach of the Rules, or take such other action as we reasonably deem appropriate.

We expressly exclude our liability for any loss or damage arising from the use of the Platform by any person in contravention of these Rules.

While we try to moderate the Community, we are not legally responsible for any material posted by third parties and we may stop, or suspend, moderating the Platform at any time.

xii. Beta Services

YSPOT sometimes releases products, services, and features that we are still testing and evaluating (“Beta Services”). YSPOT shall inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as YSPOT’s other services, so please keep that in mind.

4. PAYMENT

Your subscription and access to the Platform is not subject to the payment of any fees or charges. YSPOT reserves its right to change the payment terms in the future and require the payment of subscription fees by the Users.

You are responsible for all fees (if any) associated with your purchase of the Services from the Service Providers (the “Fees”) through the Platform. We are not responsible for communicating those Fees to you.

5. DISCLAIMERS & LIMITATION OF LIABILITY

We shall not be liable for damages or losses arising from your use or inability to use the Platform or the Services, or otherwise arising under this Agreement or from your relationship with the Service Provider. Please read this section carefully as it limits our obligations and liability towards you.

Disclaimer

You shall use the Platform at your own risk. The Platform is provided on an “as is” and “as available” basis. YSPOT disclaims all representations and warranties, express, implied, or statutory, not expressly set out in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, YSPOT makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Platform or any services or goods requested through the use of the Platform, including the Services, or that the use of the Platform shall be uninterrupted or error-free.

You agree that the entire risk arising out of your use of the Platform, and any service or good requested in connection therewith, including the Services, remains solely with you, to the maximum extent permitted under applicable law in the country where the Services are provided.

Limitation of Liability

YSPOT shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if YSPOT has been advised of the possibility of such damages. YSPOT shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services. YSPOT shall not be liable for delay, failure in performance, or other injuries resulting from causes beyond YSPOT’s reasonable control.

Furthermore, YSPOT is not liable for any other intangible losses resulting from:

  • The use of or reliance on the Services or your inability to use the Service;
  • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Service;
  • Unauthorized access to or alteration of your account or data;
  • Statements or conduct of any third party on the Service; or
  • Any other matter relating to the Services.

YSPOT also assumes no liability or responsibility for a delay, failure in performance, any bugs, viruses, trojan horses or the like that be transmitted to or through the Services by any third party and/or any user content or the defamatory, offensive, or illegal conduct of any third party, or any other injury resulting from causes beyond YSPOT’s reasonable control.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

6. INDEMNIFICATION

You are responsible for your use of the Platform and the Services, and you shall indemnify and hold YSPOT and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together “YSPOT Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:

  • your access to, use of, or alleged use of, the Services obtained through your use of the Platform;
  • your breach or violation of any of these terms and conditions of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation;
  • YSPOT’s use of your User Content;
  • your violation of the rights of any third party, including but not limited to any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
  • any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

7. DATA PRIVACY AND SECURITY

You hereby consent to the collection and/or processing of your personal data by YSPOT. YPOT is committed to protecting the personal data that YSPOT receives from you, or otherwise processes, in the course of or in connection with the use of the Platform according to the Privacy Policy.

8. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by and construed in accordance with the laws of the country where the Services are provided.

You and YSPOT agree that we shall attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a representative of each of the parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either party has served written notice on the other of the dispute then the remaining provisions of this arbitration clause shall apply.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services, or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be exclusively and finally resolved by the Dubai International Financial Center (“DIFC”) courts. The existence and content of the proceedings, including documents and briefs submitted by the Parties, correspondence from and to the DIFC courts shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

9. NO CLASS ACTION

You and YSPOT agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and YSPOT agree otherwise in writing, the DIFC courts may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

10. CHANGES OR AMENDMENTS

You can review the most current version of these Terms of Use at any time on the Platform. We reserve the right, at our sole discretion and at any time, to update, change or replace any part of these Terms of Use by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

11. SEVERABILITY

The provisions contained in each paragraph in these Terms of Use shall be enforceable independently of each of the others and the validity of any of those provisions shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some parts of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

12. NOTICE

YSPOT may give notice by means of a general notice, electronic mail to your email address in your Account, or by written communication sent by first class/registered mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to YSPOT, with such notice deemed given when received by YSPOT, at any time by first class/registered mail or pre-paid post to Block B – B30-179, Sharjah Research Technology and Innovation Park Free Zone Authority, Sharjah, for the attention of the head of compliance.

13. CONFIDENTIALITY

You shall not disclose any terms or the existence of this Agreement to anyone other than your attorneys, accountants, and other professional advisors under a duty of confidentiality.

14. GENERAL PROVISIONS

i. Assignment

You may not assign this Agreement without YPOT’s prior written approval. YSPOT may assign the Agreement without your consent to:

  1. a subsidiary or affiliate;
  2. an acquirer of YSPOT’s equity, business or assets;
  3. a licensee, a franchisee or a partner; or
  4. a successor by merger.

Any purported assignment in violation of this section shall be void.

ii. No Partnership/Agency

No joint venture, partnership, employment, or agency relationship exists between you and YSPOT as a result of this Agreement or the use of the Platform.

iii. Waiver

YSPOST’s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YSPOT in writing.

iv. Entire Agreement

This Agreement contains the entire Agreement between you and YSPOT regarding the use of the Website, the App and the Services and supersedes all previous negotiations or agreements both orally or in writing regarding the subject matter of this Agreement.

You can review the most current version of these Terms of Use at any time on our Platform.

We reserve the right, at our sole discretion and at any time, to update, change or replace any part of these Terms of Use by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to the Platform or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

By using our Platform, you acknowledge that you have read these Terms of Use, understand them and agree to be bound hereby.

15. CONTACTING YSPOT

If you have any questions about these Terms of Use, you may contact us at support@yspot.io