Effective Date: 7/4/2024
Welcome to Yes TMS! By downloading, installing, or using the Yes TMS application (the “App”), you agree to comply with and be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the App.
1. Acceptance of Terms
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions referenced herein.
2. Use of the App
2.1 Eligibility
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you meet this requirement.
2.2 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App solely for your personal or internal business purposes.
2.3 Restrictions
You agree not to:
- Modify, reverse engineer, decompile, or disassemble the App.
- Use the App for any illegal or unauthorized purpose.
- Remove, alter, or obscure any proprietary notices on the App.
- Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App.
3. User Accounts
3.1 Registration
To access certain features of the App, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
5. Intellectual Property
5.1 Ownership
The App, including its content, features, and functionality, is owned by us and our licensors and is protected by intellectual property laws. You agree not to use the App in any manner that infringes our intellectual property rights.
5.2 Feedback
If you provide us with any feedback or suggestions regarding the App, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the App without any obligation to you.
6. Disclaimers
6.1 No Warranties
The App is provided on an “as-is” and “as-available” basis. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the App.
7. Indemnification
You agree to indemnify, defend, and hold harmless Yes TMS, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the App.
8. Termination
We reserve the right to terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles.
10. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms. Your continued use of the App following the posting of changes constitutes your acceptance of such changes.
11. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
By using the Yes TMS application, you acknowledge that you have read and understand these Terms of Use and agree to be bound by them.