TERMS OF USE

• The terms of usage ("iOS App Terms of Use") for the iOS version of the Yubi App constitute a binding contract. This document should be carefully read. By selecting "I Agree," installing or using the Yubi App mobile application for iOS software and/or any updates to such software (collectively, "App") provided by Photo Translator and/or its affiliates (collectively, "Yubi App"), you Agree to the following terms as an authorized User of the entity with which you are employed, affiliated, or associated ("Customer") and has concluded a subscription agreement for a Yubi.
• 1.General Terms
• You certify that you are a permitted User as defined by the Agreement. You can download the App even if you do not meet the requirements to be an authorized User; but, you won't be able to log in. The provisions of the Agreement, including any amendments or further purchases made under it, apply to the iOS App provisions of Use. Certain aspects of the Agreement are modified and/or supplemented by the iOS App aspects of Use, but only with regard to the App. The definitions given to capitalized phrases used but not defined in the iOS App phrases of Use apply to them as well. The app has a function that enables a customer user to access their Yubi App account if they meet the following criteria: (a) User has a valid and active Yubi App User Account; and (b) the administrator of the relevant Customer’s Yubi App portal has not disabled use of the App. In this respect, “portal” means an instance of the Yubi App Product with a set of Customer Data and Customer-specific Product customizations, that is maintained by Yubi App in a segregated password-controlled database. If Customer User uses the App, Customer Data may be transferred to and from the respective technical infrastructure systems that support Yubi App. Additional information regarding these technical infrastructure systems and the rules that apply to such transfers is available in the Agreement. APPLE may, at any time and without notice, restrict, interrupt, or prevent use of the App, or delete the App from your or Customer's APPLE device(s), or require Yubi App to do any of the foregoing, without entitling Customer or you to any refund, credit, or other compensation from Yubi App or any third party (including, but not limited to, APPLE or your network connectivity provider). The iOS App Terms of Use was last updated on 1 March 2017 (“Version Effective Date”). It is effective between you and Rock Master App as of the date you first download, install, or use the App, whichever occurs earliest and can be accessed and downloaded at: https://test.meditation-island.net.
• Yubi App may update and change any part or all of the iOS App Terms of Use. The updated version will be posted publicly on Yubi App’s website at the above link and will be effective and binding on the day after posting. Yubi App encourages Customer and Users to review the iOS App Terms of Use periodically, as you are responsible for reading and complying with any amended version(s). If Customer or User objects to any such changes, Customer’s or User’s sole recourse shall be to cease using the App. Continued use of the App following the relevant Version Effective Date shall indicate Customer's and User’s acknowledgement of such changes and agreement to be bound by the updated iOS App Terms of Use.
• You acknowledge and agree to Yubi App’s Privacy Policy, which can be accessed and downloaded at: https://test.meditation-island.net/en-US/agreement/privacy and Yubi App’s Acceptable Use Policy, which can be accessed and downloaded at: https://test.meditation-island.net/en-US/agreement/user
• 2.License To Use The App
• The App, including software embedded in the App, is licensed, not sold, to Customer by Yubi only under the terms of the Agreement and Yubi reserves all rights not expressly granted to Customer. The App contains some open source software libraries, the license terms of which are available on written request to Yubi App. Yubi App and its licensors retain ownership of the software contained in the App. Unless otherwise specified in the Agreement and subject to payment of the Subscription Fee and any other undisputed amounts due, Yubi App grants to Customer, and subsequently you as User, a limited, non-exclusive, non-assignable, non-transferable, renewable, and revocable license during the applicable Term, to access and use the App on any Supported Device and on no other devices, exclusively for Customer’s internal business purposes, as set out in the Agreement. The license granted to User and Customer for the App is a non-transferable license to use the App on any iOS devices that User owns or controls and as permitted by APPLE (“Supported Devices”). Such license permits you to use Intellectual Property Rights and Confidential Information included in the App and to make copies of software or other information strictly as necessary to download, install, and use the App. Such license shall not be construed to mean, by inference or otherwise, that Customer has any right to access or obtain any source code for the App. Without limiting the generality of anything herein, you acknowledge and agree that the App may collect use or device data for the purposes of providing services or functions that are relevant to use of the App.
• 3.Apple Terms
• Yubi, and not APPLE, is solely responsible for the App and the license granted herein. APPLE has no obligation to provide maintenance and support for the App. User’s and Customer's use of the App must comply with the Usage Rules set forth in the APPLE App Store Terms of Use, which can be accessed and downloaded at: https://www.apple.com/legal/internet-services/itunes/cn/terms.html. The App is not covered by the Yubi App Service Level Agreement or any other service level agreement in place between Customer and Yubi App. Nevertheless, YubiYubi App will aim to provide customer support for the App to the same standard as set out in the Agreement. In order to respond to FAQs and help its customers to resolve common problems without needing direct assistance from Support, the Yubi App help desk can be contacted by email anytime via office@yubi.chat. APPLE is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by Customer or any third party for allegations relating to the App, or your or Customer's possession and/or use of the App, including but not limited to: (a) product liability; (b) any failure of the App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights. As a User, you represent and warrant that: (a) the App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties. Any claims regarding the App may be submitted via email to office@yubi.chat. Notwithstanding anything to the contrary in the Agreement, APPLE and its subsidiaries are third-party beneficiaries of the iOS App Terms of Use, and have the right (and shall be deemed to have accepted the right) to enforce the iOS App Terms of Use against you and Customer. To the maximum extent permitted by applicable law, APPLE will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty. APPLE shall not be required to provide a refund to you or Customer under any circumstances.
• 4.Term And Terminatione
• Yubi App may terminate access to the App at any time upon thirty (30) days' notice to the Customer without cause, or immediately upon notice to the Customer if: (a) any third party (such as Apple or your network connectivity provider) restricts, prevents, or no longer authorizes the installation or use of the App on your Supported Device or over your network; or (b) any of the Customer's Users is using the App in a way that contravenes Yubi App's Acceptable Use Policy. The iOS App Terms of Use also expire when the customer's subscription to the Yubi APP is terminated or runs out, regardless of the cause. All copies of the App in Customer's possession, including those on all of its Users' devices, must be deleted or destroyed after any such termination or expiration, at which point Customer and its Users will no longer be authorized to use the App. A customer's right to a refund, credit, or other form of payment from Rock Master App under the Agreement, any other agreement, or from a third party is not affected by the termination of the iOS App Terms of Use.