Terms of Use YANA

We are happy that you have chosen to use our mobile app “YANA – You Are Not Alone” (hereafter also referred to as “YANA”, “YANA app”, or “app”). The YANA app is available for the operating systems Android and iOS and can be downloaded and installed on your mobile device from the respective app store.

Scope

(1) For the use of the YANA app, the following general terms of use (terms and conditions) apply regarding the relationship between the user and the YANA GmbH, Kranichsteiner Straße 252, 64289 Darmstadt (hereafter called “provider” or “YANA”).

(2) The provider reserves the right to change these terms of use at any time, notably in the event of amendments of the significant legislation, amendments of supreme court jurisdiction, or extension of the services. Should the terms and conditions be amended, registered users will be notified within the app and asked for approval.

Registration

(1) In order to use the YANA app, it is necessary to open a user-specific account with the registration function. A registration can either be made with an e-mail address or with an already existing Facebook or Google account. Registration with an e-mail address requires the user to provide a valid e-mail address.

(2) Furthermore, the user is required to specify a user name and a password (hereafter called “log-in details”). After successful registration, the user can log into the YANA app with the log-in details.

(3) The user name can be freely selected – there is no obligation to use one's real name. The user name merely ensures that the users can be distinguished from others.

(4) The password which has been determined by the user can be altered in the settings. In case the user has forgotten the password, there is an option for having it reset.

(5) Registration establishes a contract of use, subject to these general terms of use. The use of the YANA app is free of charge.

Subject of use

(1) The YANA app serves the purpose of communication and mutual exchange between the users. To this end, and within the available technical and economical scope, the provider makes available to the users a discussion forum with community functions, free of charge. The provider strives to keep the service available. Beyond this, the provider accepts no additional service obligations. In particular, the user is not entitled to permanent availability of the service. The provider accepts no liability for the accuracy, completeness, reliability, up-to-dateness and usability of the provided content. The provider is entitled at its own discretion, at any time, and without prior announcement to alter the offers of the YANA app or to cease the operation of the app.

(2) The users can join sub-forums, so-called “communities”, dedicated to special topics and interests. In the communities, posts and comments on the posts of other users can be written. Theses posts are publicly visible to all users who are members of the same community. The user is able to add texts, images, videos, locations and events to a post. According to the respective details provided about interests and geographic region, the user will receive personalized posts of other users in the personal feed.

(3) Furthermore, users can also communicate via so-called “private messages”. This communication is only visible to the participating users. The users are able to block private messages in their settings.

(4) The user can have his user account deleted at any time by sending a request to the provider's support, e. g. via e-mail to support@yana.world. In this case, all of the user's data, including the posts written by the user, will be irretrievably deleted. If necessary, the user must ensure to have respective back-up copies of these data available.

(5) There is no legal claim to the use of the app. The provider reserves the right to deny registration or the use of the app without giving reasons.

Conditions for use

(1) The YANA app can be downloaded via the Google Play Store or the Apple App Store. The download requires a previous registration at the respective app store and the installation of the app store software.

(2) The user is responsible for establishing the necessary technical requirements for the use of the YANA app. The user also bears the cost of the connection charges for data transfer.

(3) Persons with limited contractual capability require the consent of their legal representatives in order to use the app.

Obligations of the user

(1) The user commits to never misusing the YANA app. The user commits to refrain from activities in the context of the app that would violate existing law, third-party rights, or the principles of protection of minors.

(2) The user ensures that the posted content and uploaded data do not violate existing law, third-party-rights, the principles of protection of minors, and that they are free of viruses. In particular, the user makes a commitment not to publish any content that

(3) The user is not authorized to use programs, algorithms or any other software in connection with the use of the YANA app which might disturb the functioning of the app. In particular, the user must not take any measures that might result in an unreasonable or excessive strain on the app's infrastructure or have a disrupting impact on it.

(4) The user must not offer his access to third parties for their use. The user has to keep his access data private, especially the password, and must ensure that they are not accessible to unauthorized third parties. In particular, this includes the selection of a secure password (consisting of at least eight characters, including capital letters lower-case letters, numbers and special characters). The user is responsible for guaranteeing that access to the YANA app through his user account is only made by himself.

(5) The YANA app is intended exclusively for non-commercial use. A use for, or in the context of, commercial purposes is forbidden.

(6) In case of a violation of the above-mentioned obligations, the provider is entitled to amend or delete the respective posts and to block the user's access. The user is obligated to compensate the provider for any damages that have arisen from the breach of duty. Furthermore, the provider has the right to be indemnified by the user against the claims of third parties that are asserted to the provider due to the infringement of a right by the user. The user is obligated to support the provider in the defence against such claims and will bear the costs of an adequate legal defence for the provider.

Handling of user data

(1) Personal details of the user will be processed by the provider in strict compliance with the stipulations of data protection law, especially the European General Data Protection Regulation (GDPR) and the new German Federal Data Protection Act. Further information can be found in YANA's data privacy statement (https://yana.world/en/privacy).

(2) If the user has his user account deleted, all profile data, as well as all posts written by the user, will be immediately and irrevocably deleted.

Rights of use

(1) With the upload / posting of content, the user grants the provider a comprehensive, non-exclusive right of use of the respective content for the purpose of storage and display in the app, free of charge and without any restrictions as to time and location.
This right of use shall cover in particular:

(2) The user assures to hold the respective rights to the content.

(3) The provider holds the exclusive copyright to content published via the YANA app by the provider, in particular text, image, graphics, video, audio or animation elements. This content may only be used or duplicated for personal, non-commercial purposes.

Exclusion / limitation of liability

(1) The provider has unlimited liability for intent and gross negligence. For simple negligence, the provider is liable only in case of injury to life, body and health, or violation of a fundamental contractual duty (a duty which is fundamental to the proper execution of the contract, and which the contractual partner can, and may, regularly rely upon to be properly executed).

(2) In the event of a simple negligent violation of fundamental contractual obligations, YANA's liability is limited to the amount of the foreseeable, typically occurring damage. Otherwise, YANA's liability is excluded.

(3) The above-mentioned limitations of liability also extend to the legal representatives and vicarious agents of the provider.

Links

(1) The YANA app may contain links to online offers and presences of third parties. This is merely a service for the user.

(2) Despite careful content control, the provider accepts no liability for the content of external links. Only the providers of these pages are responsible for their content.

Online dispute resolution

(1) The European Commission has provided a platform for online dispute resolution, which can be found at the following link: http://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor legally obligated to participate in a dispute resolution process before an arbitration board for consumers.

Final provisions

(1) The available languages for the contractual relationship are German and English only.

(2) The law of the Federal Republic of Germany shall apply.

(3) Should individual provisions of these terms of use (in their entirety or partially) be, or become, invalid, the validity of the remaining provisions shall not be affected. Instead of the invalid or missing provisions, the respective legal regulations shall come into effect.