END-USER TERMS OF USE FOR YUMUUV DIGITAL PLATFORM USAGE
1. GENERAL
1.1. These end-user terms of use (hereinafter “Terms”) apply when you as a registered User (hereinafter “User” or “you”) use the YuMuuv platform accessible at www.yumuuv.com and via the mobile application (jointly hereinafter the “YuMuuv Platform”) offered by yuMuuv OÜ, an Estonian company with the registry code 14636730 and with its registered address at Savi 4C, 50405 Tartu, Estonia (hereinafter “YuMuuv” or “we”).
1.2. The purpose of these Terms is to define the terms and conditions according to which YuMuuv provides Services mentioned in clause 2.1.
2. USE AND OPERATION OF THE YUMUUV PLATFORM
2.1. The YuMuuv Platform enables Users to participate in wellness challenges, to create their own wellness challenges for up to 10 people, to integrate data from other wellness apps and data from wearable devices onto the YuMuuv Platform, and to use additional features described on the YuMuuv Platform (hereinafter the “Services”).
2.2. You as the User can use the Services when you have been provided by an access code by our business customer (hereinafter the “Customer"). Using the Services requires internet connection. You can access the YuMuuv Platform via your internet browser or mobile phone. You may not be able to access the YuMuuv Platform if your mobile operating system is not up to date. The compatibility requirements are described on our website and/or in mobile app stores.
2.3. The YuMuuv Platform is accessible online 24 hours a day, except in cases of force majeure or scheduled or unscheduled interruptions that may result from maintenance needs. For the purposes of these Terms, “force majeure” is the occurrence of any unforeseen circumstance without any fault on a party’s part or beyond party’s reasonable control, including, without limitation, Internet outages, communications outages, issues and problems relating to information technology, fire, flood or war.
2.4. YuMuuv reserves the right at any time to suspend or block access to all or part of the YuMuuv Platform for any reason whatsoever, notably for maintenance or updating or in the event of an attack on the YuMuuv Platform.
2.5. The YuMuuv Platform may include hyperlinks to third-party websites that belong to our partners, but YuMuuv is not liable for such third-party websites or their content. The YuMuuv Platform is not affiliated with such third-party websites and you are solely responsible for your use of third-party websites and compliance with their terms of use.
2.6. By using the YuMuuv Platform, including Services, browsing the YuMuuv Platform and/or registering as a User on YuMuuv Platform, you hereby warrant that: (i) you are at least 18 years old or have the permission of your parent or legal guardian to access and use the YuMuuv Platform and the Services; (ii) you have the power to enter into a binding contract with us and are in no way prohibited from doing so under any applicable laws, (iii) you are the rightful holder of and have the full authority to grant us any rights you are required to grant us under these Terms or that are necessary for the provision of the Services, and (iv) you will use your User Account (defined below) in accordance with these Terms and applicable legal and/or regulatory provisions. You undertake not to use the YuMuuv Platform for illegal activities or for commercial purposes otherwise than for performance of the obligations set out in these Terms.
2.7. You agree that any misuse or malevolent, inappropriate, disturbing, manipulative or fraudulent use of the YuMuuv Platform by you entitles YuMuuv to temporarily suspend or terminate your User Account and/or restrict your current or future use of the YuMuuv Platform. Failure to comply with the above prohibitions may result in civil and/or criminal liability for the violator.
2.8. YuMuuv reserves the right to change the Services offered and their content, including for development purposes, for adjustment to new technical environments or for other important reasons relating to substantive changes. YuMuuv also has the right to update Services and their content in order to ensure compliance of the services with the Terms and/or relevant laws and regulations, including for ensuring the secure use of Services. Information on changes and updates relating to Services will be communicated to you on the YuMuuv Platform.
3. USER ACCOUNT
3.1. To use the YuMuuv Services, our Customer must share a specific access code with you in order for you to register a user account on the YuMuuv Platform (hereinafter “User Account”). You as a User will be able to sign in to the YuMuuv Platform by using your personal credentials.
3.2. By submitting data during the registration process, you warrant that: (i) the registration data is correct, accurate, up to date and complete; and (ii) you will keep the relevant registration data updated to ensure its correctness, accuracy, up-to-dateness and completeness at all times. To complete the registration, you must submit the information required during the registration process.
3.3. If you provide incorrect, inaccurate, outdated or incomplete data, YuMuuv has the right to temporarily suspend or terminate your User Account and/or restrict your current or future use of the YuMuuv Platform or any functions thereof.
3.4. You are also responsible for maintaining the confidentiality of your registration data (e.g. password) and for any activities performed whenever logged in.
3.5. In case you are no longer employed by or otherwise connected to YuMuuv’s Customer, your User Account will not be automatically deleted and will remain connected to you. The User Account can be connected to another Customer if applicable.
4. PAYMENT FOR YUMUUV SERVICES
4.1. The payment for the Services remains the obligation of the Customer and is subject to separate agreement. For the User, the Services are free of charge.
5. PROPRIETARY RIGHTS
5.1. The YuMuuv Platform and any trademarks, logos and any other distinctive signs and any software used or included therein and all content on the YuMuuv Platform (i.e. any texts, videos, photos and any other information in any format and of any nature whatsoever appearing on the YuMuuv Platform) (hereinafter “Property”) are the exclusive property of YuMuuv or third parties who have authorized the use of such content, except for the content, information and data entered by the User (hereinafter “User Content”).
5.2. The Property may be subject to and protected by copyright, trademark, patent or other intellectual property rights. Any commercial use of the information published on the YuMuuv Platform (including Property) is strictly prohibited.
5.3. YuMuuv grants to the User, subject to the Users’ compliance with these Terms, a revocable and non-exclusive license to use the YuMuuv Platform within the scope and for the purposes of the Services offered.
5.4. It is prohibited to extract, reuse, sell, distribute, modify, translate or reproduce the information published on the YuMuuv Platform (including Property) or any parts thereof without YuMuuv’s prior and express written authorisation. Failure to comply with the above prohibitions may result in civil and/or criminal liability for the violator. This prohibition does not include User’s right to share the achievements and progress on the YuMuuv Platform for marketing purposes.
5.5. The User is solely responsible for all User Content, and YuMuuv is not responsible or liable for any User Content, including any deletion, correction, destruction, damage, loss or failure to store or back-up any User Content, except User Content containing personal data of Users. User ensures that User Content does not violate these Terms or any applicable laws, is not libellous, defamatory, obscene, abusive, pornographic or threatening, does not constitute an infringement or misappropriation of intellectual property rights or other rights of any third party, is not false, misleading or inaccurate, and does not contain any viruses or programming routines intended to damage the Services.
5.6. In order to provide the Services, the User hereby grants YuMuuv a geographically unlimited, irrevocable, non-exclusive, sub-licensable and free of charge right to use, store, copy (and reproduce), modify (and create derivative works), translate, display and distribute the User Content as necessary to provide the Services under these Terms. YuMuuv may also preserve and disclose User Content if required to do so by law, or if YuMuuv believes in good faith that preservation or disclosure of User Content is necessary to enforce these Terms or to establish, exercise and defend legal claims.
6. PERSONAL DATA PROCESSING AND THE USE OF COOKIES
6.1. YuMuuv processes personal data on the YuMuuv Platform as a data controller. YuMuuv processes personal data and uses cookies on the YuMuuv Platform in accordance with the YuMuuv Privacy Policy, available at https://yumuuv.com/privacy-policy.
7. LIABILITY
7.1. While we take measures to maintain a secure environment, it is essential to recognise that there are potential risks associated with any online service. Thus, YuMuuv cannot be held responsible for any malicious program that may infect the User’s computer or mobile equipment or any other hardware or software when using the YuMuuv Platform, nor for any loss or alteration of data resulting from the use of the YuMuuv Platform. It is your responsibility to take all appropriate measures to protect your data, computer systems or software from contamination by possible viruses, trojans or, more generally, any computer programs that could be disseminated on a digital platform.
7.2. Subject to applicable legislation, YuMuuv cannot be held responsible for any direct or indirect damage (including loss of profits) linked to the use or the impossibility of using the YuMuuv Platform and more generally, for any breach of these Terms or an event linked to the YuMuuv Platform, such as, in particular, technical failures, breakdowns, interruptions or modifications to the YuMuuv Platform.
7.3. To the maximum extent permitted by applicable law, we exclude all liability, representations, warranties and conditions relating to any breach of these Terms, the provision of the YuMuuv Platform and Services, and the use of the YuMuuv Platform. Nothing in this disclaimer will limit or exclude liability for death or personal injury, liability for fraud or fraudulent misrepresentation, liability caused by gross negligence or wilful misconduct or any other liability that cannot be excluded under applicable law.
7.4. Please also note that you remain solely responsible for any data that you may communicate to YuMuuv. YuMuuv is not liable in case of error, omission or imprecision of the data that you have communicated. Above all, you as a User are responsible for the security of the data used for accessing your User Account, including your e-mail address, mobile phone number and password, as well as for the security of your User Account. You are also responsible for the secrecy of the account data of your User Account.
7.5. Nothing in these Terms limits or excludes the liability of YuMuuv if such liability cannot be limited or excluded under applicable legislation. Subject to the restrictions provided in these Terms, you have the right to use legal remedies as allowed under applicable law.
8. MISCELLANEOUS
8.1. YuMuuv reserves the right to amend or update these Terms unilaterally at any time if it has reasonable grounds for such amendment or update (e.g. changes in applicable legislation, YuMuuv’s legitimate business interests, improvement of existing functions etc.). All amendments of the Terms are published on the YuMuuv Platform and we will notify you of any major changes and updates by sending you a relevant notification on the YuMuuv Platform or to the e-mail address you have provided to us. If you do not agree to the amendments to these Terms, you are free to terminate your use of the YuMuuv Platform.
8.2. You may terminate your User Account any time.
8.3. Neither YuMuuv nor the User shall be held liable for a breach of the obligations set out in these Terms if such breach can be attributed to force majeure.
8.4. Our failure to enforce any provision of these Terms or exercise any right thereunder on one occasion does not limit our right to demand performance or exercise our right on subsequent occasions.
8.5. If any provision of these Terms is deemed invalid, null and void or unenforceable for any reason whatsoever, such provision shall be deemed excluded from the Terms and the rest of the Terms will remain valid and enforceable.
8.6. The relevant courts of Estonia will have jurisdiction in relation to these Terms and all other agreements between YuMuuv and the User, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. You also have the right to bring proceedings against us in your country of residence. The relevant law of Estonia will apply to these Terms, and mandatory consumer protection provisions of the country of your residence also apply. If you are a consumer in Estonia you may bring a claim to the out-of-court Consumer Disputes Committee (Tarbijavaidluste komisjon (https://ttja.ee/tarbijavaidluste-komisjon)) or you can use the consumer online dispute resolving platform: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Last updated: 24 April 2025