By setting up an account to use the Service and clicking the tick-box, you agree to and accept to abide by the Terms. By setting up said account and clicking the tick-box in the App.Agreeing to the Terms is a requirement for access to and use of the Service. If you do not agree to the Terms, please do not access or use the Service, do not install the App and/or promptly erase the App from your mobile device.
1. ABOUT THE SERVICE
1.1 YourPDi® is a mobile application that organizes and manages your essential (personal and family) information, material and documents (the “User Data“). The User Data may include a digital copy of, inter alia, licenses, receipts, warranties, insurances, contracts, vaccination records, certificates, subscriptions, login details, memberships etc. The App allows you to properly organize and manage your User Data into sub-folders and categories (such as auto, electronics, subscriptions, memberships, certificates, health, and real estate). The User can upload such User Data directly through the App or via linking the App to third party service providers’ APIs.
To ensure the confidentiality and integrity of your files, all content provided by you in the App is encrypted and cannot be read by YPDi.
2. YOUR USE OF THE SERVICE
2.1 Subject to the terms hereof, YPDi hereby grants to you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable and fully revocable license to download and use the App on your mobile telephone, device or tablet solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms and applicable law.
2.2 You may not, whether by yourself or anyone on your behalf, use the App for any other purpose than as expressly stipulated herein. Non-permitted use of the App includes, but is not limited to: (i) using the App and/or the Site for any illegal, immoral, unlawful and/or unauthorized purposes; (ii) interfering with or violating other users’ rights to privacy and other rights, or harvesting or collecting personally identifiable information about other users, whether manually or otherwise; (iii) bypassing any measures we may use to prevent or restrict access to the Service; or (iv) copying, modifying, altering, adapting, making available, reverse engineering, decompiling, or disassembling any portion of the content made
accessible by YPDi on or through the App and/or the Site or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content, other than as expressly permitted under these Terms or applicable law.
2.3 You must be at least eighteen (18) years old and/or otherwise be authorized to enter into agreements and accept to be bound by the Terms in order to use the Service.
2.4 In order to use the Service, you must create a user account. You warrant that all user information provided by you to YPDi is true and correct and that, when necessary, you will update your user information in the Service so that it remains true and correct at all times.
2.5 You are responsible for maintaining control over your account and for preventing third parties from accessing the Service. You undertake not to reveal your password or any other personalized details associated with your account which could enable a third party to access your account and/or User Data.
2.6 The Service’s availability and functionality depends on various factors, such as communication networks, software, hardware and YPDi’s service providers and contractors. We do not warrant or guarantee that the App and/or Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
2.7 Use of the Site and/or the App requires access to a device with internet connection. Please note that the App may only be available for certain operating systems (for example, iOS). The User may only download and use the App on a device running a validly licensed copy of the operating system on which the App was designed to operate. For a full and updated list of the technical requirements for using the Service, please visit YPDi’s website (www.yourpdi.com) or the third party vendor where you downloaded the App, e.g. AppStore or Google Play (“Third Party Vendor”).
3. PRICES AND PAYMENT
3.1 The fee for using the Service (“Service Fee”) is payable monthly or annually, depending on your choice of payment plan.
3.2 Monthly Payment
3.2.1 If you opt for the monthly payment plan, you will be charged in advance once every thirty days through your account with the Third Party Vendor through which you downloaded the App. The Third Party Vendor will commence charging you the Service Fee upon expiry of the Free Trial.
3.2.2 In some cases, the date on which you will be charged will change, for example, if it is not possible to confirm the date of validity on your credit card.
3.2.3 You will be charged the Service Fee until you cancel the automatic withdrawal in the user settings in your account with the Third Party Vendor (e.g. your AppleID). Please note that the payment service is handled by the Third Party Vendor and that YPDi does not control how
and when withdrawal is made from your account and that a termination of the Service via email to YPDi will not result in the cancellation of the withdrawals from your account with the Third Party Vendor. For more information on how to cancel the withdrawals from your Third Party Vendor account, see https://support.apple.com/en-us/HT202039.
3.3 Annual Payment
3.3.1 For annual payments, you will be charged once every year in advance via App Store, Google Play alternative the credit/debit card you may have registered with YPDi. Withdrawal of the Service Fee will commence upon the expiry of the Free Trial. You will be charged the annual Service Fee until you terminate the Service in accordance with the terms in Section 6 below.
3.4.1 All prices include Value Added Tax (VAT).
3.4.2 Prices do not include any data communication costs or fees which your internet or telecommunication service provider may claim under your contract with such service provider.
3.4.3 In the event of default of payment, YPDi will make three (3) additional attempts at withdrawing the Service Fee for the next period. If all such attempts fail, YPDi will suspend your access to the Service. You may at any time within three (3) months of such suspension contact YPDi at email@example.com to re-activate your account. If YPDi has not received a request to re-activate your account within three (3) months of the suspension of the account, YPDi reserves the right to terminate your account. Please note that a termination of your account will mean that your User Data is deleted. Therefore, we recommend that you always keep a back-up version of your User Data in order to minimize the risk of data loss. We also recommend keeping physical copies of important documents and/or original papers.
3.4.4 The App may permit in-app purchases, even if the App was downloaded as a Free Trial (as defined below) and thereafter a Service Fee has been paid by the User. Such in-app purchases may or may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a Third Party Vendor.
4. RIGHT TO WITHDRAW FROM PURCHASE
4.1 When signing up for the Service, you are entitled to a fourteen (14) day cooling-off period in accordance with applicable law on consumer protection. The cooling-off period applies from the date of signing up to the Service, the date of the first payment for the Service or, if the User has signed up via a Free Trial, from the date of the User’s first use of the Service, whichever comes first.
4.2 If you wish to withdraw from your purchase during the cooling-off period, please contact us on the contact details provided in Section 15 below. You can always use the local consumer agency’s template withdrawal form and email us the form. If you are a user in Sweden, the
Swedish Consumer Agency’s withdrawal form is available on their website, www.
5. FREE TRIAL
5.1 You may start with a free trial period of the Service (“Free Trial”). The length of the Free Trial is specified where you download the App., The Free Trial is intended as a means to allow users to try the Service once for free before deciding whether or not to commit to a monthly or annual subscription.
5.2 When you sign up for a Free Trial, you will be automatically transferred to a monthly plan at the end of the Free Trial, unless you terminate the Service prior to the last day of the Free Trial, in which case you will not be charged, and your subscription will be cancelled. If we accidently withdraw the Service Fee despite your notification to cancel the Service, we will refund the Service Fee in question without delay.
6. TERMINATION OF THE SERVICE
6.1 You may terminate the Service at any time by taking the following steps:
If you are on a monthly payment plan: Simply log on to YourPDi and go to “settings” and “delete account”. A checkbox will appear. If you tick the box you will close your account. Then log on to your account with the Third Party Vendor from whom you downloaded the App (i.e. AppStore or Google Play). In your user settings, remove the App from your list of subscriptions. Please note that the termination will take effect from the payment period immediately following the termination and that the termination of the Service in the middle of a payment period will not entitle you to a refund.
If you are on an annual payment plan: Simply log on to YourPDi and go to “settings” and “delete account”. A checkbox will appear. If you tick the box you will close your account. Then log on to your account with the Third Party Vendor from whom you downloaded the App (i.e. AppStore or Google Play). In your user settings, remove the App from your list of subscription You must cancel the Service not less than fourteen (14) days prior to the expiry of the current term in order to avoid automatic renewal of the term. If you fail to cancel your subscription within the prescribed time, your subscription will be automatically renewed for another year. Please note that the termination will take effect from the next annual term following the termination and that the termination of the Service in the middle of a payment period will not entitle you to a refund.
6.2 Cancelling your account may cause the loss of your User Data and/or the features or capacity of your account. YPDi does not accept any liability for such loss. We therefore highly
recommend that you copy your User Data before cancelling your account.
6.3 YPDi has the right to temporarily suspend or terminate the contract with the User (i.e. the Service) with immediate effect if there is reason to suspect that the User has violated the
Terms or any applicable laws, rules and regulations or, additionally, if User is otherwise using the Service in a way that may cause damage to YPDi or any third party.
7. USER DATA
7.1 As between you and us, all of the User Data that you provide us with is your sole and exclusive property and you are solely responsible for it. These Terms do not give us any right to the User Data except for the limited right which enables us to offer you the Service.
7.2 You agree that you will not upload any User Data containing content which is unlawful for you to possess or upload in the country in which you are resident, or which it would be unlawful for YPDi to use, process or possess (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
7.3 YPDi may create limits on the use of the App, including limitation on size and storage space available for Users to upload User Data.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 YPDi owns or controls the App, the Site as well as any content available therein which has been generated by YPDi. Any and all intellectual property rights pertaining thereto, including, but not limited to, patents trademarks, domain names, trade names, copyrightable materials and trade secrets, whether or not registered (collectively, “Intellectual Property“), are owned by and/or licensed to YPDi and are protected by applicable copyright and other intellectual property laws. All rights not expressly granted to you hereunder are reserved by YPDi and its licensors.
8.2 All rights in and to material that you upload to the Service remains with you, and YPDi does not claim ownership or license to any such material. Please note that if you upload texts, images, or other kinds of material that is owned by a third party onto the Site and/or the App, you must ensure that you have the rights necessary to use and publish such protected materials on the Site and/or App.
9. PERSONAL DATA
10. CHANGES TO THE SERVICE
10.1 YPDi reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the App and/or Site (or any part thereof) without notice, at any time. In the event of a permanent discontinuation of the Service, YPDi will, unless prohibited by applicable law, inform you hereof not later than thirty
(30) days prior to such discontinuation in order to allow you to copy your User Data in the App.
11.1 You agree to defend, indemnify and hold harmless YPDi, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your unauthorized use of the App, the Site and/or content therein; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the App and/or Site; (iv) the User Data that you uploaded through the use of the App; and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
12. DISCLAIMER AND LIMITATION OF LIABILITY
12.1 To the fullest extent legally permissible, the App, the Site, the content and third party components provided therein are provided on an “as is” and “as available” basis, and YPDi and its vendors (including the applicable platform providers), including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers (“Covered Parties“) disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose and those arising from a course of dealing or usage of trade.
12.2 We will make reasonable efforts to make sure that the Service will be available for use 24 hours a day and 365 days a year. However, YPDi will not be liable and/or responsible for the App’s and/or the Site’s failure to be available for any reason whatsoever, including but not limited to internet and network caused outages, outages during which the hardware and software cannot be accessed due to technical or other problems that are not under our control (e.g. force majeure, third party negligence, etc.).
12.3 We use industry standard administrative, physical and technical safeguards to protect the confidentiality, integrity, and security of your User Data. Nonetheless, no security measures are 100% effective, and we cannot guarantee absolute security and that the User Data, which is uploaded to the App will not be deleted. YPDi shall not be responsible or liable for unauthorized access, hacking, or other security intrusions or failure to store or the theft,
deletion, corruption, destruction, damage, or loss of any data or information included in the user data. You are solely responsible for creating backup copies of the User Data you upload or store using the App at your sole expense.
12.4 To the maximum extent legally permissible, in no event shall YPDi including the Covered Parties be liable for any damages whatsoever including, but not limited to, direct or indirect damages of any kind (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the Service, your use or inability to use the Service, the User Data or failure of the App and/or the Site to perform as represented or expected.
13.1 These Terms constitute the entire terms and conditions between you and YPDi relating to the Service and supersedes any and all prior written or oral agreements or understandings between you and YPDi.
13.2 YPDi reserves the right to change the price of the Service and/or these Terms, either fully or in part. YPDi will communicate any material changes to you via e-mail or directly via the App and/or the Site no later than thirty (30) days before the changes take effect. If the change is such that it has a material effect on your opportunity to use the Service as intended, you may terminate the Service by following the steps set forth in Section 6 above.
13.3 YPDi has the right, fully or partly, to transfer its rights and obligations to third parties under these Terms. The User has no right to transfer his/her rights and obligations under these Terms, unless the User has YPDi’s written consent to do so.
14. GOVERNING LAW AND DISPUTES
14.1 Any claim relating to the App and/or Site or the use thereof will be governed by and interpreted in accordance with the laws of the country where the User is a resident, without reference to its conflict of law principles. Any such claims shall be settled by the courts of that country. Alternatively, you may refer your claim for alternative dispute resolution in accordance with the following:
Sweden: You may bring any dispute, controversy or difference arising from these Terms or the Service before the National Board for Consumer Disputes (www.arn.se).
Finland: If a dispute concerning a sales contract cannot be resolved through negotiation between the parties, you can submit the matter to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before taking the matter to the Consumer Disputes Board, the consumer should contact the Local Register Offices’ Consumer Advisory Service (www.kuluttajaneuvonta.fi).
Iceland: You may bring any dispute, controversy or difference arising from these Terms or the Service before the Consumer Agency (www.neytendastofa.is).
Norway: You may bring any dispute, controversy or difference arising from these Terms or the Service before the Norwegian Consumer Council (www.forbrukerradet.no).
Denmark: You may bring any dispute, controversy or difference arising from these Terms or the Service before the Danish Competition and Consumer Authority (https://www.kfst.dk/).
14.2 Furthermore, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.
For information, support or questions, please contact us at support@YPDi.com.