Legal

1.1. Scope

These Terms of Service (“Terms”) govern your access to and use of the YUBO App and our related websites, content, services, applications, and products (the “Services”).

By accessing or using the Services, you accept and agree to comply with these Terms and the Community Guidelines. You also confirm that you have read our Privacy Policy and our Cookie Policy.

The content of these Terms may vary from time to time. We will notify you of material changes to the Terms, but we encourage you to check the Terms frequently to learn about any changes.  Your continued use of the Services after any changes to the Terms constitutes your acceptance of the amended Terms.

1.2. Who Can Use YUBO

You can sign up for YUBO and use the features offered on YUBO only if: 

• You can execute a binding contract with TWELVE-APP;
• You are at least 13 years old - You may need the consent of your parent or legal guardian to use the Services if you are under the age of digital consent in your country;
• You have never been convicted of a sexual offense; 
• Your User Account is not suspended for violation of these Terms or our Community Guidelines.

We may take reasonable steps to ensure that these rules are respected on YUBO. If we have any evidence or serious reason to suspect that you do not comply with these provisions, we can suspend your account and take any action we deem necessary to prevent you from accessing the Services. 

If you are the legal representative of a minor YUBO user and you want to contact us, send us a message using this form. 

To use the YUBO App properly, make sure you have completed the latest updates for your device. If your operating system is too old, YUBO may not work properly. You need to create a user account (“User Account”) to use the YUBO App and its features.  

To create a User Account, you are required to provide us with some basic personal data, as explained in our Privacy Policy. 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.

It is important for you to provide accurate information about yourself, including your age.  This allows us to provide an environment that promotes positive and safe user experiences.

While creating a User Account, you must provide us with correct and up-to-date information and may not create an account using any identity other than your own. In the event that your access to the Services has been suspended, interrupted or somehow blocked or removed by TWELVE-APP according to these Terms or our Community Guidelines, you are not allowed to create a new User Account. You can contact support to dispute or appeal our decision.

TWELVE-APP reserves the right to carry out checks to detect false declarations of age and, more generally, fake accounts. Thus, we use technology to estimate your age when you sign up for YUBO. We may also require to verify your identity using a valid ID document or school card if we have any reasonable doubt about your age and/or identity.

We apply age gates in the YUBO App, which means that we have set restrictions on how users in different age groups can communicate and interact. We may change these features of the Services at any time according to our safety and moderation needs.

You are responsible for using your login credentials properly and keeping them confidential. We help you choose a strong password. Let us know immediately if you think that the confidentiality of your login credentials have been compromised. 

The creation of your User Account and access to the standard features of the YUBO App is free. We provide a mobile application to allow you to make new friends from anywhere in the world. Our standard features are the following:

• Lives: a video live-streaming feature to meet and discuss with new people and play games provided with the Lives feature;
• Swipes: we provide suggestions for other user profiles. Swipe right to try to connect with another user, or swipe left if you do not want to be friend with the suggested profile;
• Chat: send direct messages to your friends with a chat feature. 

To enrich your experience, you can nevertheless choose to purchase additional features or content. There are two ways to obtain additional features or content on the YUBO App: you can purchase them directly or by exchange against content previously bought on the YUBO App.

3.1 Direct purchases

YuBucks: YuBucks are virtual content that you can purchase to unlock or activate “ Features and Content” as defined below:

Subscription Pack(s) - We provide on Yubo subscriptions packs with associated Features and Content, including but not limited to the:  

• Yubucks Subscription Pack: you can also subscribe to receive, on a regular basis, a certain amount of YuBucks; 
• Power Pack: the Power Pack is a subscription that renews automatically and gives you a certain amount of Features and Content (as defined in Section 3.2) on a regular basis (weekly, monthly, quarterly); 
• Elite pack: the Elite Pack is a premium subscription that renews automatically and gives you access to all the Features and Content of the Power Pack, and to additional features and advantages, on a regular basis.

The YuBucks, the Subscription Packs, all Features and Content, and additional features and advantages specified hereinafter or available in the YUBO App are collectively the "Paid Services". The characteristics of Paid Services and their current prices are specified in the YUBO App or elsewhere on the Services. 

We provide Yubo App's Services internationally. As a result, the prices of the Services may vary depending on several factors, such as promotional offers, the country, the length or size of your Subscription Pack, or the user’s age (especially but not limited to underage users). We also regularly test new features and offers. You will be informed of the applicable price prior to purchasing the relevant Service. 

The purchase process for Paid Services is handled by the mobile application marketplace of  your device’s operating system (Google Play for Android or App Store for iOS). 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). Please read carefully the terms and conditions of these application marketplaces. TWELVE-APP is responsible for delivering the Paid Service, but the application platform is responsible for the management of your order and your payment. The refund policies for the App Store are available here, and those for the Google Play Store are available here; they may depend on your country/region.

YUBO does not offer a right of withdrawal for  purchases of any Paid Services, as the Paid services have been duly performed by us upon the order, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have use of the Paid Service available immediately and that you are not entitled to cancel this purchase, or waive your right of withdrawal regarding this purchase (unless otherwise provided by your mobile application marketplace).

3.2 Exchanges

Once you have purchased YuBucks on the YUBO App, you can exchange them against “Features and Content”, including but not limited to:

• Boost: increase your Live’s visibility,
• Turbo: increase your visibility in the Swipe,
• Reverse Swipe: cancel your last Swipe,
• Spotlight: appear in the Spotlight to increase your visibility and receive messages from new friends,
• Pixels: collectible content you can send to users or to yourself.

This list may change over time; new Features and Content could be added to the Yubo App and some others may be removed.

You may also exchange Pixels that other users sent to you against YuBucks. The values of exchange of your Pixels in YuBucks are specified on the App in the “Pixels Rewards” feature.

3.3 Paid Services validity period

Subscription and payment for the Paid Services are managed by the application marketplace of your device’s operating system. Therefore, you can  change or cancel a Subscription Pack in your device settings: you will find more instructions here for iOS, and here for Android.  Deleting the YUBO App on your device or deleting your User Account will not result in cancellation or termination of your Subscription Pack(s).We will retain all funds paid for the renewal of your subscription(s) until you terminate or cancel your subscription as described above. If you terminate or cancel your subscription, you may continue to use your subscription until the end of the current subscription period. Your subscription will not be renewed at the end of the subscription period. You can find more information in our FAQ regarding the termination of your subscription here.

The Paid Services that you purchased and/or exchanged, and/or offered by TWELVE-APP, are valid during the entire period that the User Account is active and these Terms in force, in accordance with Section 10 below. In case of deletion of the User Account by you, or by us in accordance with these Terms, and especially Section 10 and our Privacy Policy, the deletion of the User Account will result in the definitive deletion of the Yubucks and Features and Content (if any) registered in the User Account on the day of the termination of our contract, without any compensation of any kind. A subsequent re-registration will not allow the recovery of the lost Paid Services.

3.4 Notice of Financial Incentive

‘Rewarded Ads’ is a voluntary program in which you may choose to view ads in exchange for YuBucks. You may not be eligible for this program, depending on your age and country. 

You can participate in this program in the Yubo App, where YuBucks are available for purchase. To learn more about YuBucks, read Section 3.1 above.

If you participate in this program, subject to your prior consent, we will share some of your personal data with our advertising partners so that they may select ads, as described under the “Categories of Personal Information Sold or Shared” heading in our Privacy Policy. You can withdraw your consent and stop the data sharing at any time: (1) in the Yubo App > Personalization and Data > Privacy Preferences > Ads Data Sharing; and turn the slider off; or (2) by sending an email to privacy@yubo.live. 

Whether or not you enroll in the Rewarded Ads program will not affect your ability to use YuBucks you already have, nor will it affect your ability to earn YuBucks in other ways that are permitted by our terms. If you earn YuBucks through Rewarded Ads, you will not lose YuBucks if you decide later to unenroll from the program. 

The YUBO trademark is exclusively owned by TWELVE-APP; it has been registered with national and international offices. Any reproduction, exploitation, use, modification and/or alteration, through any method, in any form and for any purpose whatsoever, is strictly prohibited without TWELVE-APP’s prior and written authorization. 

TWELVE-APP is the exclusive owner of all intellectual property rights relating to the Services and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the Services. TWELVE-APP is also the sole owner of rights to the brand YUBO.

TWELVE-APP grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive authorization to access and use the Services for private use. Downloading and/or using the Services App does not confer any rights (intellectual property or other) over the YUBO App. Any other copy, reproduction, representation, use, distribution, or reutilisation of these or other elements of the Services without the authorization of TWELVE-APP is liable to legal proceedings, in particular for trademark infringement. This license shall remain valid throughout the performance of these Terms.

The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of the Services, including any other constituent element (including software or source code), is prohibited without the authorization of TWELVE-APP and/or of the applicable regulations.

The Services may be subject to change and may be modified at any time. Some functionalities or services may be added or deleted by TWELVE-APP at our sole discretion. No guarantee of any sort, either express or implied, is given with regard to the content, the services or functionality of the Services, either with regard to their existence or their operation.

You shall retain ownership of intellectual property rights in the content you create or share on YUBO. However, we need your authorization to process your content to let you enjoy our Services. 

Therefore, you grant us a worldwide, royalty-free and non-exclusive license to host, store, reproduce, display, publish, translate, adapt, sublicence, and/or use, for the purposes of providing the Services (i) any information, photos, videos, or other content including user-generated content exchanged within the scope of the use of the Services, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content. This license shall remain valid throughout the performance of these Terms.

If you believe that any content posted on the Services infringes your copyright or image rights, please notify us by using the form here or contacting our designated copyright agent at TWELVE-APP SAS, 59 rue de Ponthieu, bureau 562, 75008 Paris, FRANCE.

Our Services are designed for you to express yourself freely, have fun and connect with other users. However, this should not be at the expense of the well-being and safety of others, and/or in violation of applicable laws or our Community Guidelines. 

You agree to comply with all applicable laws and regulations when you use the Services.  

You may not do any of the following while accessing or using the Services: 

• Post unsolicited commercial communications or send spam;
• Collect information, data, or content belonging to other users without their consent;
• Post content or broadcast any message or content that infringes on the rights of third parties (in particular their intellectual property rights), or that is of a pornographic, discriminatory, racist, violent, defamatory, or sexual nature, and/or which may constitute bullying or intimidation of other persons. To this end, we remind you that any photos of a pornographic, exhibitionist or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of the user account from which they originated, without prejudice to any other remedies available to us or criminal proceedings which may arise from such postings;
• Use the name, the voice or the image of any person without their permission;
• Modify the operation of the Services or inhibit access to them;
• Misuse our channels (including for reporting a user or a content, contacting support, appealing a moderation decision) for abusive, defamatory or fraudulent purposes;
• Interfere with any security measures protecting the Services or disrupt (or attempt to disrupt) access to the Services by any means including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Use automated means to collect information from Services;
• Use the YUBO App in an illegal, fraudulent, dishonest, malicious and/or discriminatory manner.

You agree to read and comply with our Community Guidelines when using the YUBO App.TWELVE-APP reserves the right to filter or delete content brought to our attention that we consider to be in violation with these Terms, the Community Guidelines and/or applicable laws. We can also suspend any User Account for conduct that breaches this Section (as detailed in Section 10.1) and report some unlawful content and activity to law enforcement. 

You accept full responsibility for any action, content, information or data which you may upload, download, post, send, or keep within the scope of the use of the Services. If you harm TWELVE-APP through the content you post, you will be required to compensate TWELVE-APP for any damages, losses or expense caused by your words or actions.

For reasons of security and public order, we may keep, for a reasonable period in compliance with applicable regulations or until the request of deletion provided by the user, a copy of content shared by the user, even where the user may have deleted their account or where said content may have been deleted from the Services.

When you make a live video from your User Account, you have the ability to view and share live YouTube videos. Search suggestions and the YouTube search bar are accessible directly from the YUBO App.

We recommend that you carefully read the YouTube Terms of Service to learn more about the policies that apply when using this platform.

8.1 Participation in the fight against certain crimes, felonies, inappropriate behavior and content

In our capacity as hosting provider, and provider of the Services, we are not under a general obligation to monitor the information and content that we store. 

However, we participate to the fight against certain criminal offences (depending on countries and applicable laws), including (but not limited to) offences related to child sexual abuse, discrimination, harassment, apology for terrorism, or denial of crimes against humanity, incitement to hatred, violence, terrorist acts, suicide and gambling.

We are especially committed to enforcing our Community Guidelines to ensure the safety of everyone using the YUBO App. Accordingly, we use our best efforts to combat content and conduct that infringes these guidelines, and especially content and conduct that are deemed to be inappropriate according to our Community Guidelines.

8.2 User report

To help us make YUBO a safe and respectful community, we encourage you to report any content or User Account that you feel is inappropriate on YUBO. 

There are two main channels for reporting content that you believe violates these Terms and/or the Community Guidelines and/or applicable laws:

• This form;
• Directly in the Yubo App, by clicking on the shield icon of a user’s profile, a live video, a chat, content and select the relevant reason for your report.  

You can also report any kind of violation of the law by someone at TWELVE-APP, or violation of a corporate commitment, using this form or directly on the page “submit a request”.

When submitting a report, please provide any useful evidence and information to your report. This will make it easier and faster to deal with.

Under no circumstances should you use these channels in bad faith, to harm others or to make false reports. 

9.1. Disclaimer

You use the Services at your own risk. You understand and agree that TWELVE-APP provides the Services to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TWELVE-APP DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

Furthermore, we make no warranty or representation and disclaim all responsibility and liability for: (a) errors, interruptions to service (due to maintenance, technical updates or technical issues), slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the Services, in particular as a result of events on the internet; or (b) and disturbance, malfunction, or reduced access to the Services resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user; (c) any harm to your device that results from your access to or use of the Services; or (d) the deletion of or failure to store any content you post to the Services. 

TWELVE-APP shall in no case be held responsible, in any capacity whatsoever, for illegal actions liable to civil or criminal penalties, committed by its users, including but not limited to (a) all types of fraud, (b) all commercial or professional activities, (c) prostitution, (d) the usurpation of identity, (e) infringement of any intellectual property rights of a third party, (f) infringement of personality rights, such as image rights and the right to privacy. Moreover, the user is solely responsible for verifying the age and identity of the persons with whom he/she could organize a meeting in real life. TWELVE-APP shall in no way be held responsible in the event of an incident of any nature whatsoever during a meeting in real life.

9.2. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL TWELVE-APP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR USE OR INABILITY TO USE THE SERVICES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SERVICES; IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. WHEN ALLOWED BY THE LAW, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TWELVE-APP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME LOCAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND/OR CERTAIN WARRANTIES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.

10.1 Termination

At YUBO, we have moderation policies to combat fraud, inappropriate content and conduct, and to take action against User Accounts responsible for such content. 

Therefore, a serious violation of these Terms and/or the Community Guidelines and/or any use which presents an important risk (legal, technical or other) may result in the temporary or permanent suspension and the deletion of the User Account which is the origin thereof. In the case of any dispute, TWELVE-APP is free to decide to block or deactivate the User Account and thereby their access to the Services, and this at the sole discretion of, and without prior notice by TWELVE-APP. TWELVE-APP cannot be held responsible for the reimbursement of content or additional features you would have purchased on the YUBO App. 

You can use this form to challenge a moderation decision. 

10.2 User Account Validity Period

These Terms apply to you as long as you are active on the YUBO App. This means that these Terms will expire when your account becomes inactive or when you delete it.  

Inactive Account:  TWELVE-APP will delete your profile if you have been inactive on the YUBO App for twenty-four (24) months, meaning that you have not accessed the app for an uninterrupted period of twenty-four (24) months. TWELVE-APP may still retain some data related to your account as provided for in the Privacy Policy. 

Account Deletion: You are free to terminate your relationship with TWELVE-APP relating to your use of the Services. You simply need to delete your User Account. 

If any portion of these Terms of Use is declared null, invalid, or non-applicable, such declaration shall have no effect on the validity and applicability of the other Terms and shall not exempt you from your duty to comply therewith.

The failure to demand the execution of a condition in these Terms, or to do so belatedly shall not be interpreted as a waiver on the part of TWELVE-APP to demand the respect of that condition by the user or a third-party.

For any claim or dispute, the user is invited to contact TWELVE-APP in the first instance through this form in order to allow an amicable solution to be found. 

12.1 Mediation

In accordance with the French consumer code, TWELVE-APP subscribes to the FEVAD Mediation service who can be contacted at:

FEDERATION E-COMMERCE ET VENTE A DISTANCE

60 rue de la Boétie 75008 PARIS

www.fevad.com

The user can call upon this service on condition of having previously contacted TWELVE-APP directly at the address indicated above. Following this preliminary procedure, the user may contact the mediation service for any dispute with TWELVE-APP not resolved with the latter.

Also, in accordance with article 14 of Regulation (EU) No.524/2013, the European Commission has implemented an online dispute resolution service allowing the independent settlement of online disputes between consumers and professionals within the European Union by extrajudicial means. This service can be accessed at the following address: https://webgate.ec.europa.eu/odr/

12.2 Arbitration and class action waiver for U.S. residents

This Section 12.2. applies to you only if you reside in the United States.  Also, this section applies to our partner Yoti ltd. (Yoti (USA) Inc for US-based users) for the processing of personal data where Yoti ltd. (Yoti (USA) Inc for US-based users) acts on our behalf as a data processor as defined by relevant laws in data protection and privacy.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). You understand that by this agreement, you are waiving your right to bring a claim in court or in front of a jury.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator shall apply the law of the jurisdiction in which you reside.

Arbitration Agreement. Mandatory, Bilateral Arbitration.  Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration, except that you or TWELVE-APP may assert a claim in small claims court if such claim qualifies.  

To begin an arbitration proceeding, send a letter to 59 rue de Ponthieu, bureau 562, 75008 Paris, FRANCE or contact us here.  The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.  The number of arbitrators shall be determined in accordance with those Rules. You or TWELVE-APP may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed-on location.  

In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the jurisdiction of your residence, and failure to follow the foregoing provision is grounds for vacating the decision or award.  

This Section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.

Each party shall equally divide the fees and costs of the arbitrator(s).  Each party shall pay for its own costs and attorney’s fees, if any.  However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.  

Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in the county in which you reside.  Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting such location, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.

Waiver of Jury Trial.  BY ENTERING INTO THIS AGREEMENT YOU AND TWELVE-APP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.  

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

This Section 12.2. shall survive termination, expiration, or rescission of these Terms.

To the extent permitted by law, the Terms are subject to French law and interpreted in French. Except as provided for U.S. residents in Section 12.2., any dispute not resolved by the means indicated above shall be subject to the corresponding competent jurisdiction at the court in the place of residence of the user within one of the Member States of the European Economic Area.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.