Conditions générales

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Terms of Use Agreement

Yalty (“yalty,” “we,” “our” or “us”) provides a place for employers and employees to manage their human resources needs online, all in one place.

The Terms of Use Agreement (the “Agreement”) explains the terms by which you may use our online services, mobile services, website, software, and other services provided on or in connection with the services we provide (“Services” or “yalty”). Please read them carefully before using the Services.

By accessing or using yalty, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement and to the collection and use of your information as set forth in the yalty Privacy Policy. You agree that it is enforceable as if it were a written negotiated agreement signed by yalty SA (“yalty”) and you.

If you use the Services on behalf of an entity, company or organization, you agree to these Terms on behalf of such entity, company or organization and promise that you have the authority to bind such entity, company or organization to these Terms. If applicable, “your” will refer to the entity, company or organization that you represent.

  1. Modifications

Yalty may, in its sole discretion, modify or revise the Terms of Service at any time without prior notice to you and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service. We may also remove any content from our Services at our discretion. Continued use of the Service after any such changes shall constitute your consent to such changes.

  1. Your Privacy & Your Files

By using our Services you may provide us with information, and files that you submit through the Services (collectively, “your Files”). You retain full ownership of your Files. These Terms do not grant us any rights to your Files or intellectual property except for the limited rights that are needed to run the Services, as explained below.

Your permission may be necessary to do things you ask us to do with your Files, for example, to host or share them with certain individuals within your organization, at your direction. This includes choices we make to administer our Services, for example, how we store and backup your data and Files to keep them safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.

We will only share your content with others in the rare exceptions we identify in our yalty Privacy Policy, no matter how the Services change. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your Files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

You acknowledge that yalty has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. We are not responsible for your compliance with applicable employment-related laws and regulations that you may be subject to.

  1. Your Responsibilities

Others may have intellectual property rights to Files and other content in the Services. Please do not copy, upload, download, or share Files unless you have the right to do so. You, not yalty, will be fully responsible and liable for what you copy, share, upload, download, use and any other actions you take while using the Services. You must not upload spyware or any other malicious software to the Services.

You, and not yalty, are responsible for maintaining and protecting all of your Files. Yalty will not be liable for any loss or corruption of your Files, or for any costs or expenses associated with backing up or restoring any of your Files.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

  1. Your Account Security

You are responsible for protecting the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify yalty of any unauthorized use of your account.

  1. Intellectual Property Rights & Feedback

You acknowledge that these terms do not grant you any right, title, or interest in the Services, or the content in the Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. These Terms do not grant you any rights to use the yalty trademarks, logos, domain names, or other brand features.

We may use any feedback, comments, or suggestions you send us without any obligation to you.

  1. Acceptable Use Policy

In addition to any other things that might constitute a misuse of the Services, you must not, and must not attempt to do the following things:

  • modify, alter, tamper with, repair or otherwise create derivative works of any of the Services;
  • use the Services for research or benchmarking or any related endeavor with the intent of creating a competing or similar product;
  • sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
  • access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
  • use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) advertise or promote a commercial product or service that is not available through yalty; (iv) store or transmit inappropriate content, such as content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (v) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (vi) abuse, harass, stalk or otherwise violate the legal rights of a third party;
  • interfere with or disrupt servers or networks used by yalty to provide the Services or used by other users’ to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any of the Services;
  • access or attempt to access yalty’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
  • share passwords or other access information or devices or otherwise authorize any third party to access or use the Services.
  1. Modification to Fees and Services

Yalty reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Yalty reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the yalty website (http://www.yalty.io) or the Service itself.

  1. Termination

You may stop using our Services any time. You may cancel your account at any time by sending us an email to hello@yalty.io. All of your Content will be deleted from the Service upon cancellation. Yalty may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

  1. Warranties and Liability

Yalty does not warrant that:

(i) the Service will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate.

The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that yalty, its affiliates, shareholders, employees, agents, suppliers or licensors 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 yalty has been advised of the possibility of such damages), resulting from your usage of the Service.

  1. Indemnification

You agree to hold harmless and indemnify yalty, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, yalty will provide you with written notice of such claim, suit or action.
 The failure of yalty to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and yalty and govern your use of the Service, superseding any prior agreements between you and yalty (including, but not limited to, any prior versions of the Terms of Service).

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us as hello@yalty.io.

  1. Miscellaneous

These terms and the use of the Services will be governed by Swiss Law. All claims araising out of or relating to these terms or the Services must be litigated exclusively in the State Court of Lausanne, Vaud in Switzerland, and both parties consent to venue and personal juridiction there.

  1. Contact

Please contact us at hello@yalty.io with any questions regarding this Agreement.