Terms of Service

The following terms and conditions, as well as any future modifications (the "Terms") are a contract between you or your company ("you," "You," or "your") and www.YooMobile.com ("YooMobile," "YOOMOBILE," "we," "We," "us," or "our") governing your use, and YooMobile's provision, of the Services (as defined below). By using YooMobile's advised mobile solutions, remote mobile removal service, third party software, communication services, networks, and websites, including, but not limited to www.YooMobile.com, (collectively, the "Services"), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms. YooMobile reserves the right to modify the provisions of these terms and conditions without each time notifying the user of the implemented modifications. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new service features and changes of pricings, shall be subject to the Terms.

THESE TERMS OF SERVICE ("TERMS") CONSTITUTE A CONTRACT BETWEEN YOU AND YOOMOBILE AND GOVERN USE OF AND ACCESS TO THE SERVICES AND YOOMOBILE BY YOU AND YOUR PARTNERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICES OR A FREE TRIAL OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.

1. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

Service Plan: means the service plan and the functionality and services associated therewith (as detailed on the www.YooMobile.com) for which you purchase or subscribe with respect to the number of service demands and mobile devices.

Subscription Term: means the period during which you have agreed to subscribe to the Services.

Services and YooMobile Portal: means any YooMobile Service Plan that you enter into with YooMobile through use of the YooMobile web portal located at www.YooMobile.com or by using the YooMobile third party software on the YooMobile web portal. These Terms govern all plans available through the YooMobile Portal, and any use of the YooMobile Portal.

Your Data: means all electronic data, text, messages or other materials submitted to the Services by you in connection with your use of the Services, including, without limitation, Personal Data.

Materials: means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the YooMobile Portal are the proprietary and copyrighted work of YooMobile and/or its suppliers. The definition of other YooMobile owned, operated, licensed or controlled site.

Software: means a computer program or application of any kind, whether owned by YooMobile or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or remote support software. Elements of the Software are protected under copyright,trade secret, unfair competition, and other laws. Software includes both YooMobile Software and Third Party Software.

Plan Order Form: means any YooMobile generated service order form executed or approved by you with respect to your purchase or subscription to the Services, which form may detail, among other things, the number of chats available to use under your purchase or subscription to the Services and the Service Plan applicable to your subscription to the Services.

2. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE

During the Subscription Term and subject to compliance by you with these Terms, you have the limited right to access and use the Services consistent with the Service Plan you subscribe to for your business purposes. Without limiting the foregoing, your right to access the Software is also subject to the restrictions and policies implemented by YooMobile from time to time with respect to the Software as set forth on the YooMobile Portal or otherwise communicated to you in writing.

The use of any Services and Software available on YooMobile portal shall be subject to its provisions. Subject to any limitation on the number of services available under the Service Plan for which you purchased or subscribed, access to and use of the Service is restricted to the specified number of service demands and mobile devices permitted under your subscription to the Service.

YooMobile is exclusively entitled to decide on functionality, the use, subject matter and the range of particular services and software as well as to cease rendering these services. We exclusively authorized to decide on the materials and the nature of the Services as well as to freely add, change or remove particular elements.

You agree to all of the following rules: a. You hereby certify that you are at least 13 years of age. b. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date. c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading. d. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by YooMobile without our express written permission. e. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored on your website in connection with your use of the Services ("Content"). YooMobile is not responsible for your Content. f. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by YooMobile. e. You undertake to use the Services and Software in accordance with their use, purpose and in the manner consistent with both these terms and conditions and provisions of currently effective law. g. You understand, has become familiar with technical requirements necessary to use the Services and Software and has no objections in respect thereof. You are aware of risk and threats connected with electronic data transmission.

YooMobile reserves the right, in YooMobile reasonable discretion, to temporarily suspend your access to and use of the Services: (a) during planned downtime for upgrades and maintenance to the Services (of which YooMobile will use commercially reasonable efforts to notify you in advance both through our homepage and a notice to your member area of YooMobile interface) (“"Planned Downtime"”); (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), technical issues of the online chatting software, or acts undertaken by third parties, including without limitation, distributed denial of service attacks. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Pacific time zone) and other off-peak hours.

YooMobile may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If YooMobile reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

3. BILLING, PLAN MODIFICATIONS AND PAYMENT

All charges associated with your access to and use of the Services (“Subscription Charges”) are due in full upon commencement of your Subscription Term. If you fail to pay your Subscription Charges or charges for other services (such as service overage) indicated on http://www.YooMobile.com/pricing.html and/or Plan Order Form referencing these Terms within five (5) business days of our notice to you that payment is due or delinquent, or if you do not update payment information through our payment processor, in addition to our other remedies, we may suspend provisioning the Services to you and on your website.

Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against YooMobile based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so and you agree to pay such Taxes if so invoiced.

YooMobile reserves the right, in YooMobile's sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Subscription Charges for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Subscription Charges.

A valid credit card is required for paying accounts. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize YooMobile to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize YooMobile and/or any other company who bills products or services, or acts as billing agent for YooMobile to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide YooMobile with updated credit card information upon YooMobile's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither YooMobile nor any YooMobile affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at YooMobile's option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the Terms established by the credit or debit card issuer.

4. SATISFACTION PERIOD POLICY; REFUND POLICY

For One-time Mobile Virus Removal Plan, if your mobile can't be freed from the infected virus with our instructions or our remote support, you will be refunded. For Yearly Mobile Virus Removal Plan, YooMobile provides 7-day service satisfaction, counting from the purchase day of your Service Plan. In case that you do not satisfy our service, please contact us to grant a full refund for the purchase price. After the 7-day satisfaction period, regardless of the billing cycle, YooMobile is not obligated to provide refunds or credits for partial months or years of the Services or unused time during your subscription of Yearly Mobile Virus Removal Plan.

5. THIRD PARTY WEBSITES; THIRD PARTY SERVICES; NO IMPLIED ENDORSEMENT

The Services may contain links to other web sites owned by third parties ("Third Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the YooMobile Portal to login to accounts that you have for services provided by third parties ("Third Party Services"), or to link accounts for Third Party Services to your YooMobile account. YooMobile is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a YooMobile account.

You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the YooMobile Portal. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider's terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the YooMobile to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

6. DISCLAIMER OF WARRANTIES

THE YOOMOBILE PORTAL AND THE SERVICE, INCLUDING ALL SERVICES,SOFTWARE, SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND YOOMOBILE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOOMOBILE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM YOOMOBILE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOOMOBILE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF YOOMOBILE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. YOOMOBILE HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, YOOMOBILE LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE YOOMOBILE PORTAL, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE YOOMOBILE PORTAL, THE SERVICES AND THE MATERIALS.

UNDER NO CIRCUMSTANCES SHALL YOOMOBILE, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE YOOMOBILE PORTAL, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY SOFTWARE AVAILABLE ON OR THROUGH THE YOOMOBILE PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILBALE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

9. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend YooMobile and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use (or anyone using your account's) use of the Services, the YooMobile Portal or the Materials, your website contents or any commercial products you offer on your website or using our Services. This includes, but is not limited to, any breach or violation of the Terms by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

10. ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS

We reserve the right, in our sole discretion, to modify or replace any part of the Terms at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the YooMobile Portal that we have changed this Terms. If you have a YooMobile account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Terms. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Terms constitutes acceptance of those changes.

We may also, in the future, offer new services and/or features through YooMobile Portal (including the release of new services and features). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Terms.

11. GOVERNING LAW

This Terms and the rights and obligations of the parties under this Terms and any disputes arising out of or in connection with this Terms shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.

If you have any questions about the Terms at our Web site, please e-mail your inquiries to [email protected]

Privacy Policy

This privacy policy applies to www.YooMobile.com ("YooMobile"). This privacy policy describes how YooMobile collects and uses the personal information you provide on our web site: www.YooMobile.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

1. INFORMATION COLLECTION

Support Form

The YooMobile Service requires a login to submit support form. Once your complete the payment, you will receive a welcome email describing your new YooMobile account, and how to access that account. During the information submission process, we will collect the contact name, the contact's email and support information from you. You must provide all of this information in order to get better supporting from YooMobile.

Service Providers & Communications

We use third party software to provide remote virus removal service. We also use them to assist us in managing and administering communications and emails sent to us through the YooMobile portal and through some YooMobile managed sites. Any personal information disclosed through such communications will be governed by such third party vendors' privacy policy.

Third Party Payment Processors

YooMobile uses third party payment processors to assist it in processing your personally identifiable payment information securely. Such third party processors'use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this privacy policy.

2. USES OF INFORMATION

YooMobile uses information collected through its Services to send out notifications regarding service related issues (such as daily script, billing problems, account expirations, and other items that may impact service) We do not send contact information unless the matter is deemed urgent, and most communication will occur through your YooMobile member area interface. We also may use and disclose your information to our third party service providers in order to send you messages regarding new services or other products from YooMobile.

Information collected through your website by our support representatives will be included into the daily script sent to your email and also in your YooMobile member area interface.

3. INFORMATION SECURITY

We store all user information in secure databases protected via a variety of industry-standard access controls. Secure passwords, SSL encryption, disk-based encryption, firewalls, and other measures are in place that helps us to protect your data. However, no company, including YooMobile, can fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk.

4. ACCESS TO INFORMATION

Changing Information

All information that YooMobile stores related to your account, including any supporting information, is accessible through your YooMobile member area interface. You may use this interface to correct, update or delete the information at any time, and we encourage you to keep this information up to date so that your customer service request can be handled efficiently.

Removing Information

To remove your information from our system, submit your account for deactivation. All of your information will be removed immediately.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5. COMMUNICATIONS FROM YooMobile

With your permission, we may also send you messages from time to time about new features or services that we will offer to our users. You may opt-out of these communications at any time by clicking on the link at the bottom of our communications to you, or by changing your preferences in your profile as further described below.

Customer Service

Upon issuing a customer support request to YooMobile, we may use your information and email address to contact you regarding your inquiry.

Opt Out

Only non-promotional service announcements, as described above, will be issued without prior authorization. If you do not want to receive promotional announcements from YooMobile about new products or services, you may contact us and we will not send you further promotional announcements. Upon deactivating your YooMobile account, you will receive no further communication from us (service announcements included).

6. COOKIES

Like most websites, we use small bits of data called cookies stored on users' computers to simulate a continuous connection. Cookies let us 'remember' information about your preferences and passwords and allow you to move within our Services without reintroducing yourself. Members who disable cookies will not be able to use the Service, as they are required to maintain your login to our service within a browser session. Disabling cookies does not prevent you from accessing websites published under our system, though some features of those sites may be degraded.

These cookies can be tied back to personally identifiable information only in the event that you are logged in to our Service. If you are logged in to our Service, the cookies on your computer will uniquely identify your account within our system.

7. LINKS TO OTHER SITES

YooMobile contains links to other sites that are not owned or controlled by YooMobile. Please be aware that we, YooMobile, are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. You will receive a notification when you leave YooMobile.

This Privacy Policy applies only to information collected by YooMobile.

8. LEGAL DISCLAIMER

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us, our subsidiaries, affiliates or employees.

9. CHANGES IN THIS PRIVACY STATEMENT

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make any material changes to this Policy, we will notify you by email or by posting a prominent notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Services.

10. CHILDREN UNDER 13

YooMobile is not directed to children under 13 years of age and we do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

11. BUSINESS TRANSITIONS

YooMobile may assign or transfer this Policy, and your user account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with YooMobile.

12. DO NOT TRACK SIGNALS

We do not currently respond to web browsers Do Not Track signals that provide a method to opt out of the collection information about visitors' activities on the YooMobile Portal and Services, and across other websites. If we do so in the future, we will provide all relevant information in this Policy.

13. CONTACT US

If you have any questions or suggestions regarding our privacy policy, please contact us by email at [email protected]