Latest Update: 13 October 2021
Our mission is to make people beautiful. To accomplish it, we stick to the following principles:
- a large number of talented people from all over the world, specialists of different types and qualifications upload their works to render their services;
- our Platform is a product that users appreciate because it’s easy to use;
- we provide an informative and user-friendly website, as well as affordable prices for services.
These Terms of Use govern your use of the Platform available at https://theYou.com/ (the «Platform»), including sub-domain https://business.theYou.com/. By using the Platform (other than reading these Terms of Use for the first time) you agree to comply with these Terms of Use. These Terms of Use apply even if you haven’t created an account yet, but are just browsing the Platform.
If you are an individual agreeing to the terms of these Terms of Use on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity, and «you» and «your» shall refer herein to such entity.
1. Description and General Disclaimer
1.1. Platform Description. The Platform is online platform where service providers as part of their professional activity (B2B or B2C) can advertise, market, sell and (or) offer their products and services for ordering, purchasing, booking, and users of the Platform can find these products or services, as well as compare them.
1.2. Note that the Platform serves only for informational purposes. We do not (re)sell, rent or market any goods, products or services that service providers render.
1.3. Contract between user and service provider. Service providers are not our agents, employees or other partners. If a user wants to use the services of any of the service provider, a direct contract is established between the user and the service provider. We are not a party to the relationship between the user and the service provider and do not assume any liability or warranty in relation to any matter of interaction between the user and the service provider.
1.4. Information. The information posted on the Platform is based on information supplied by service providers. Service providers who place and promote their services on the Platform are solely responsible for updating information on prices, tariffs, terms, conditions and other information available on our Platform. Each service provider is responsible under all circumstances for the accuracy, completeness and correctness of the information available on the Platform.
1.5. Quality. We are not responsible for and make no guarantees as to the quality of the service providers’ services. The Platform is not and shall not be considered as a recommendation or evidence of quality, service level or rating, or classification (star rating). If you have any complaints about the service provider, you should present them directly to the service provider.
2. Use of Platform
2.1. Right to Use. As long as you follow these Terms of Use, we grant to you the right to use the Platform for its intended purpose in accordance with these Terms of Use.
2.2. Prohibited Use. When using the Platform, you shall not:
a. Resell, create external hyperlinks, use, copy, track (e.g. using spider and scraping software), display, download or reproduce any piece of content or information, software, reservations, tickets, products or services available on the Platform for any commercial or competitive activity or purpose
b. Use information to which the requirements of personal data law apply (in particular, GDPR) in violation of such law, for example: it is not a violation to call a phone number found on the Platform to book an appointment, but you are prohibited to create your own database of phone numbers found on the Platform to send your promotional materials;
c. Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Platform, in whole or in part;
d. Use access to the Platform, any other information for the purpose of building or replicating the Platform;
e. Copy and (or) distribute the Platform, in whole or in part;
f. Try to interfere with the operation of the Platform, disrupt the process of providing Platform to other users or otherwise try to harm the Platform and (or) its users (DoS, DDoS attack, etc.);
g. Use the Platform in any other manner that is contrary to the law or these Terms of Use.
3. Ownership
3.1. Platform Ownership. We (and our licensors, where applicable) hold all and any rights to the Platform (including all modifications and additions to the Platform, any versions thereof), its parts and components, and other intellectual property, except as expressly granted to you herein.
3.2. Trademark Ownership. All trademarks, service marks, and trade names are owned, registered and (or) licensed by us (and our licensors, where applicable). You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your use of the Platform.
3.3. Content License. The Platform allows you to upload certain content (particularly, photos of work). By providing your content, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your content in connection with providing and operating the Platform and related services and (or) for our promotional purposes (for example, by displaying on our website, in social media, on any website or platform in the internet as we may deem appropriate).
4. No Warranties
4.1. Platform is provided "as is" and we (and our licensors, where applicable) expressly disclaim any warranties and conditions of any kind. We (and our licensors, where applicable) make no warranty that Platform will meet your needs or requirements, that access to the Platform will be uninterrupted, fast, secure, and error-free.
4.2. No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in these terms of use.
4.3. You are solely responsible for any consequences of your use of the Platform.
5. Registration Procedure
5.1. Creating an account. In order to get full access to the functionality provided by the Platform, you shall complete the registration process within the Platform using your e-mail address. You agree that when creating the account, you will supply accurate and complete information and that you shall be responsible for keeping it up-to-date.
5.2. Password. Your e-mail and password serve for the identification within the Platform and are required to access the account. Your e-mail and password combination are confidential information. You are fully responsible for maintaining the confidentiality of your e-mail and password combination, in particular, to prevent access by third parties. Hereby you confirm that you are aware and agree that if any person has been identified within the Platform using your e-mail and password, such person is recognized as you and any activity of such person is considered as your activity. We are not responsible for any consequences that occurred as a result of access by a third party to your account.
6. Content Moderation Rules
6.1. Moderation. All information and photos posted on the Platform are manually moderated for compliance with the following rules. Banning information or photos from being published is our right, not an obligation, and does not relieve you of any responsibility for any further consequences that may arise from your uploaded photo or provided information. Photo or information moderation may take from 10 (ten) minutes to 3 (three) business days.
6.2. Rules of providing information.
6.2.1. When providing information, you shall not:
a. Post false or inaccurate information (including name, information about the employees (specialists), working hours, location, services provided);
b. Fill in the name field in capital letters (except for the first letter);
c. Create multiple accounts for one specialist (employee — specialists).
d. Upload a profile photo with several people in it
6.2.2. In any event, the service provider is solely responsible for providing any information to the Platform and any consequences for such provision, in particular for any claims that may arise in connection with such information.
6.3. Rules for uploading photos.
6.3.1. When you upload any photo to the Platform, you shall make sure that you have the right to upload such a photo, in particular:
a. You shall have the rights to dispose of the photo in an appropriate manner (for example, be the author of the photo or use it under a proper license);
b. If the photo features a model (in particular their face or other identifiable parts of their body) you shall have their consent to publish such a photo on the Platform in accordance with applicable law.
6.3.2. In any event, the service provider is solely responsible for uploading any photos to the Platform and any consequences for such uploads, in particular for any claims that may arise in connection with such photo uploads.
6.3.3. When uploading photos, you must not:
a. Repost the same work. This includes posting, among other things, photos taken from a different angle, or photos which have been re-processed, retouched, darkened, distorted and edited, and to which optical illusions have been applied both intentionally and unintentionally during the process of preparing the final version of an image for publication;
b. Place advertising materials, including logos, site names, and other content advertising the activities of business entities and individuals without a special consent of the site administration;
c. Use photos with watermarks;
d. Use photos with obscene content, pornography, as well as works that are an affront to human honour and dignity and do not correspond to public morals, ethics and the current legislation of the country whose law may be applicable;
e. Post photos to inappropriate site section;
f. Upload framed photos, as well as apply other modifications to the photo that distort the way it displays on the Platform;
g. Upload low quality photos;
h. Upload collages.
6.3.4. Photos to be uploaded shall meet the following criteria:
a. Photos shall be the minimum size of 400x400 in JPG or PNG format;
b. The quality of the image shall be of high artistic value. High artistic value is determined by the site administration independently, based on the internal beliefs of the site administration staff and is not subject to special clarification;
c. The work should be clearly visible, and it should be in the foreground;
d. The work shall be visible at its fullest;
e. The photo shall verify the specialist (be a real photo of the master) and the salon (be a real photo of the salon). Real salon photos are those depicting the salon’s actual facade, interior, workspace, etc.;
f. The background of the photo shall comply with aesthetic standards;
g. The work shall be done on a person without using a mannequin or other similar objects;
h. The facial features shall be realistic;
i. There shall be only one model in the photo, except for the sections where two or more models are allowed;
j. Works that are shown in dynamics (before-after photos) shall be uploaded to the Platform with the help of appropriate features if it’s possible in the given section. When uploading a photo, you shall select the "Before and After Photos" option. Uploading photos that are already put together is prohibited.
7. Subscriptions
7.1. General. Some functions or parts of the Platform are available only on a paid subscription basis («Subscription»). You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the Subscription plan you select when purchasing the Subscription. At the end of each period, your Subscription will automatically renew under the exact same conditions unless you or we cancel it.
7.2. Subscription cancellations. You may cancel your Subscription renewal through your account page. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to use the paid functions of the Platform until the end of your current Subscription period.
7.3. Billing. You shall provide us with accurate and complete billing information including your name, e-mail and a valid payment method information. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7.4. Fee Changes. We in our sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Platform after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
7.5. Refunds. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
8. Third-Party Ads
8.1. The Platform may be supported by advertising revenues and we may place advertising, promotions or sponsored content (the «Third-Party Ads»).
8.2. You acknowledge that we may not always identify Third Party Ads content. The manner, mode and extent of such Third-Party Ads content is subject to change without notice to you. We are not liable for any errors in content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third-Party Ads, including any goods, products or services offered by such Third-Party Ads.
9. Indemnification by you
You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use or your use of the Platform in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of any kind and nature.
10. Limitation of Liability
10.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
10.2. Cap on liability. If the limitation of liability provision under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to the Platform shall be a maximum of 100.00 (one hundred) euro.
10.3. Force Majeure. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.
11. Term of License
11.1. Term. Your right to use the Platform is valid from the moment you consent to these Terms of Use and will remain in full force and effect until terminated as specified below.
11.2. Termination. We may immediately terminate or suspend your right to use the Platform in the following cases:
a. We have reasonable grounds to believe that you are in breach of these Terms of Use or our Privacy Policy (without prior notice to you);
b. For any other reason (with or without notice to you).
11.3. Effect of termination. Termination of your right to use the Platform by any reason does not bind us to return you any fees. Your obligations to pay off the outstanding payments to us, if any, shall remain in force after termination until their full performance.
12. Changes to these Terms of Use
These Terms of Use may be modified from time to time. If we make changes, we will notify you of such changes in the pop-up window on your first start of Platform after such changes so that you could decide whether to accept it. Continued use of Platform upon the effective date of changes to these Terms of Use shall indicate your consent to such changes and agreement to be bound by the terms and conditions of such changes.
13. Applicable Law and Dispute Resolution
13.1. Applicable law. Any issue which is not agreed in these Terms of Use will be governed by laws of the Republic of Cyprus.
13.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of these Terms of Use by negotiations. The party which has any claims and (or) disagreements shall send a message to the other party indicating the claims and (or) disagreements that have arisen. If nevertheless a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court at the place of registration of us.
14. Miscellaneous
14.1. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.2. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).
14.3. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
14.4. Titles and interpretation. The clause titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word «including» means «including without limitation».
14.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
14.6. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.
15. Contacts
Name: SANTICUM INTERNATIONAL LTD
Address: 174A, Floor 2, Flat 22, 3022, Limassol, Cyprus.
E-mail: support@theYou.com
