Terms and Conditions

This document has been elaborated by YOUengine GmbH., incorporated in 6403 Küssnacht / Switzerland, domiciled at Sagiweg 3, email address support@youengine.com, (herein referenced as either “Company”, “we”, “us”, “our”, or "Data Controller"), owner and operator of the website https://youengine.io/ (hereinafter the “Website” or “Site”) and the YOUgo App (hereinafter the “App”) which has been created to be a revolutionary, Augmented Reality powered App where users can earn and win coins and big prizes. We will provide a blockchain based decentralized and tokenized advertising platform that connects brands and businesses to users worldwide, a game and a digital YOUwallet (hereinafter the “Services”). The use of the Website, the App and the Services is subject to the following terms and conditions (hereinafter “T&Cs” or “Terms”). This document is addressed to users and visitors who access the Website in any manner or download and/or use the App hereinafter referenced as either "You", "User(s)). By accessing or using the Website and/or the App, you agree to be bound by this document. You shall carefully read these T&Cs and our Privacy Policy before accessing and using the Site and/or the App as your use is understood as your acceptance of these Terms. If you do not agree with these T&Cs in whole or in part, you must leave the Website.
You are advised to visit this section frequently as this document may be updated and/or modified at any time without notice at our sole discretion. Changes to this document will take effect at the time of publishing and your continued use of the Website and/or the App after the posting of an updated version will be a tacit acceptance to the latest version. You are welcome to request more information, make suggestions or file complaints regarding this document by contacting us at support@youengine.com. THIS DOCUMENT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. BY ACCESSING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS DETAILED HEREIN. YOU SHALL CAREFULLY READ THIS DOCUMENT BEFORE USING THE WEBSITE. WE RESERVE THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS AND MAY RESTRICT OR REFUSE, AT OUR SOLE DISCRETION, THE PROVISION OF OUR SERVICES IN CERTAIN COUNTRIES OR REGIONS.

CONDITIONS FOR USE

You have to be at least 13 years old to access and use the Website or download and/or use the app. If you are under 13, you may access and use the Website or download and/or use the App only with parental supervision. Parents and guardians shall be liable for child’s acts and omissions by the use of the Site or the App according to these T&Cs. By using the Website or downloading and/or using the app, you agree to comply with these T&Cs. The use of the Website and the app, the products and Services are exclusive to those who have accepted these T&Cs.

ACCESIBILITY

At our sole discretion we might decide to update the App at any time. Currently the App is available on iOS. The Company does not guarantee that it will always update the App so that it is relevant to you and/or works with the iOS version that you have installed on your device. You shall always accept updates to the App when available and offered to you to ensure its correct functioning. Accessing the Website, downloading and/or using the App require a mobile device and internet connection. We are not responsible for the malfunctioning of the Website and or the App if you lack internet connection. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Website and/or the app. Moreover, roaming charges might apply if you use the Website and or the App outside of your home country. Please be aware that you shall be solely responsible for ensuring access to a mobile device to access the Site and/or the application and borne all internet connection costs.

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

The Company has no contractual obligation of any kind in force with you. You acknowledge and accept that crypto/digital asset activity is hazardous, high-risk, highly volatile and entails security risks as well as the potential lack of economic results, pricing volatility, inadequate liquidity, loss of value, theft, hacking, complete loss of Tokens, loss of usability and other weaknesses related to the Company’s or third-party’s software. If you do not completely understand these risks, please, refrain from using the Website and/or the App. By using the Website, the App and/or the Services, you acknowledge that you are solely responsible for all the risks involved and that the Company shall not be liable for any loses or damages you may suffer as a result of your use of the Website, the App and/or the Services. You acknowledge and understand that your use of the Website and/or the App is at your own risk. The information, software, products, and Services included in or available through the Website and/or the App may include inaccuracies or typographical errors. The Company will not be responsible for any failures, disruptions, errors, distortions or delays you may experience when using the Website and/or the App whatever the cause might be.

THIRD-PARTY CONTENT AND SERVICES

The Company might rely on third-party websites and/or services and applications or display on the Website and/or the App links, content, data, information, or materials from third parties. You are advised that whenever you access and use a third-party website or application from the Website you will be subject to their terms and conditions and respective privacy policy. The Company shall not be liable for your use, misuse or malfunction of any third-party website and/or services and applications as we do not review, approve, monitor, endorse, warrant, or make any representations with respect to any third-party website, services and/or applications. Users shall access and use third-party websites and/or services accessed form the Site at their own discretion and risk and are solely responsible for any damage and/or loss resulting therefrom.

REPRESENTATIONS AND WARRANTIES

By using the Website, the App and/or the Services you represent and warrant that: • You (i) are at least 13 years old; • You have read and consent to these T&Cs; • You will not use the Website, the App and/or the Services in an unlawful, unethical or otherwise negative manner that negatively affects other Users or the Company; • You will comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website, the App and/or the Services; • You will not engage in any behavior that could bring the Website into disrepute or violates any law or regulation; • You are not a citizen of, have your habitual residence or location in a country or territory where transactions with crypto assets are prohibited or in any manner restricted by applicable laws or regulations, or will become so prohibited or restricted while these T&Cs are in force; • You will indemnify the Company and hold the Company harmless against all claims that arise from your use or misuse of the Website, the App and/or the Services; • You understand that your use of the Service is at your sole risk. • You are using the Website, the App and/or the Services at your own risk and that the Company will not be responsible for any loss or damage you might suffer. The Company represent and warrant that it is committed to conducting its business according to all applicable rules, regulations and laws.

SANCTIONS

Breaches of these T&Cs will result in disciplinary action and might cause your User Account to be terminated and the Company will not be liable to you for any damages or losses. We reserve the right to investigate complaints or reported violations of our T&Cs and to take any action we deem appropriate, including but not limited to canceling your User Account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy.

LIABILITY

The Company does not warrant access to or use of the Website, the App and/or the Services. In the event the Website, the App and/or the Services are for any reason discontinued, the Company shall not be liable to you and you shall bear all costs of damages or losses incurred. To the maximum extent permitted by applicable law, the Company shall not be liable to you for any loss or damages, whether direct, indirect, incidental, special, punitive, consequential or exemplary (including damages for lost profits, goodwill, use or data) arising from this T&Cs, the Site, the App and/or the Services whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and notwithstanding the extent to which the Company has been advised of the possibility of such damages. In no event shall the Company’s liability in connection with the Website, the App and/or the Services, despite the reason for action (whether in agreement, tort, breach of service warranty, or otherwise), go beyond $100.

PRIVACY

We respect your privacy and are committed to ensure the safety of your Personal Information. For details please carefully read our Privacy Policy.

ACCOUNT REGISTRATION & REQUIREMENTS

To access the Services, you shall create an account by downloading the App (the “User Account”). You will be asked to provide some Personal Information, which storage, use, processing and dissemination is governed by our Privacy Policy to which please refer. You agree to provide complete and accurate information and to timely update any information provided to maintain the integrity and accuracy of the information. We reserve the right to reject the creation of your account at our sole discretion and without cause. You can only maintain one active User Account at any given time. If you lose access to a User Account or request information about an User Account, we reserve the right to request you any verification information before restoring access. Pursuant to our Privacy Policy, we will keep a record of that information during the period for which your User Account is active and within five (5) years after your User Account is closed. We might also conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes or other illicit activities.

PROVISION OF THE SERVICES

The Company, at its sole discretion, shall stablish the content layout, format, function, and access rights regarding the Website, the App and/or the Services. The Company reserves all rights not expressly granted in these Terms. Upon creation of a User Account and completion of the registration, you may use the Services pursuant these Terms. We reserve the right to add or remove any Service without any prior notice or consent from you. The Company may stop providing the Services without any prior notice and we will not be responsible for any damage or loss this might cause you.

CHARGES

Accessing the Website and downloading the App is free. We reserve the right to change the Website and/or the App and charge for the Services, at any time and for any reason and at our sole discretion. However, we will never charge you for the Website, the App or the Services without prior notice and clarification to you of the applicable charges.

LICENSE

Provided that you comply with these Terms, you are granted a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website, the App and/or the Services for personal purposes. You shall not use the Services for commercial purposes including transactions on behalf of other persons or entities as this will be considered a material violation of these Terms and your User Account and access to the Services will be immediately terminated.

TRADEMARKS

You may not use or permit the use of any trademarks or trade names in connection with the Company except those outlined herein, if it is a fair usage or if we have otherwise directed in writing. You are not allowed to copy or modify the Website or the App in whole or in part. You are also not allowed to extract or attempt to extract the source code of the Website or the app. You are not allowed to translate the Website or the App into other languages or to make derivative versions. The Website, the App and all the trademarks, copyright, database rights and other intellectual property rights related to them exclusively belong to the Company.

SECURITY

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, the App, your User Account, or the Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You shall not share the password of your User Account with others as we will never request such information from you. We will not be liable for any loss or damage arising from unauthorized access to your User Account resulting from your failure to secure your password. As it is your responsibility to keep your phone and access to the App secure, we recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device as this could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and the App many not work properly or at all.

DISCLAIMER

The Site, the App and all details, content, materials, products and the Services are provided “as is” and on an “as available” basis. The Company makes no representations or warranties about the Site, the App and/or the Services. To the maximum extent permitted by applicable law, the Company disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. The company makes no guarantees, representations, or warranties of any kind, express or implied, as regards (i) the Website, the App and associated technology; (ii) income arising from the Services; (iv) the accuracy, reliability, completeness, or timeliness of the User-submitted details; (v) any information, materials, products (including software) or Services made available to you through the Site and/or the App. You are advised to not rely on the Site, the App, the Services, information on the Site or the App, or the continuation of the Site.

TERMINATION

We reserve the right to terminate your access to the Website, the App and/or the Services at any time and without prior notice. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services. The company shall not be liable to you for any damages or losses this may cause you. If you wish to terminate your User Account, you may simply discontinue using the Service. All provisions of these T&Cs shall survive termination. We may stop providing the Services, shut down, or cancel the Website or the App at any time and without prior notice to you. The company shall not be liable to you for any damages or losses this may cause you. Unless otherwise stated in writing, upon termination for any cause (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the Website and the App and delete the App from your device.

DISPUTE RESOLUTION

The Company shall cooperate with Users in good faith to resolve any dispute arising out of or in connection with these T&Cs and/or your use of the Website, the App and/or the Services. If an agreement is not reached within 90 days of notice of such dispute being received by us by email at: support@youengine.com, such dispute shall be settled in arbitration proceedings. The seat of the arbitration shall be Switzerland. The language of the arbitration shall be English. Any award of the tribunal shall be final and binding from the day it is made.

GOVERNING LAW

These Terms shall be governed by and interpreted and enforced according to, the laws of Switzerland, excluding the rules for choice of law. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

ELECTRONIC COMMUNICATION

If necessary, we will contact you via the email address you provided when creating your User Account. For legal purposes, these electronic communications will be understood as written communications.

CONTACT US

If you have any questions about these T&Cs, please Contact Us at: support@youengine.com This document is effective as of 01.01.2022