The Yuka app, website, and all related services are controlled by Yuca SAS (“Yuca SAS”) and its subsidiaries and affiliates, including, without limitation, Yuca Corp (collectively, hereinafter, “Yuca”).
Any written communication should be sent to the following address: 228 Park Ave S PMB 97240 New York, New York 10003-1502 USA.
Contact email: team@yuka.io
PLEASE READ THE FOLLOWING CAREFULLY:
Before registering on the App, each User must carefully read Yuka Terms and Conditions (hereinafter, the “Terms and Conditions”), the Privacy Policy and the Call-out User Policy, which form an integral part of the Terms and Conditions.
Your use of Yuka App and Website indicates your acceptance of these Terms and Conditions in their entirety. If you do not agree with any of these Terms and Conditions, please do not use Yuka App and Website. By using Yuka App and Website, you are deemed to have irrevocably agreed to these Terms and Conditions.
Please note that these Terms and Conditions may be revised without notice at any time. You should visit this page regularly to review the current Terms and Conditions. Your continued use of the Yuka App and Website will be deemed as irrevocable acceptance of any revisions.
These Terms and Conditions apply to Users in the US. The Terms and Conditions are subject to New-York law.
The Terms and Conditions govern the use of Yuka App and Website. Section 8 of the Terms and Conditions contains the conditions of sale, which apply only to the purchase of the Premium Version of the App.
THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OF USE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
Section 6 specifies the scope of the User’s warranties and the Publisher’s liability. By accepting these Terms and Conditions, the User acknowledges that the Publisher does not guarantee the accuracy, relevance or completeness of the data displayed on the App, which is provided “as is.” The App provides Users with data of an indicative and general nature which enables the consumer to be more aware of the composition of the food and cosmetic products they use on a daily basis, but does not guarantee the User better health. The App does not provide medical recommendations, and is in no way intended to replace a consultation with a health professional, in particular a dietician or a doctor. The content on the App may not be appropriate for persons who have ever experienced eating disorders. Users expressly agree to use the App at their own risk and under their sole responsibility.
1. Definitions
The following definitions are used in the Terms and Conditions:
App: the Yuka app and all its pages and screens.
Contributor: the User who adds content to the Database, and/or who modifies this content.
Customer: the mobile user purchasing the Premium Version on the App.
Database: the database of food and cosmetics products rated on the App.
Party: the User, Customer or Contributor, on the one hand, or the Publisher or Yuca, on the other hand (collectively referred to as “the Parties”).
Premium Version: the digital content that can be purchased or subscribed to via in-app purchase within the App.
Products: the food or cosmetic products referenced in the Database and rated on the App.
Publisher: the legal entity (Yuca SAS) responsible for the publishing and the content of the
App and the website.
Score: the overall score obtained by applying the evaluation method developed by the Publisher.
Services: the analysis, evaluation, recommendation and ranking services provided by Yuka in relation to the Products.
Store: the online app download platform used by the Publisher to publish the App, and used by the User to download the App, namely the Google Play Store and the Apple Store.
User: the user of the free or the Premium Version of the App.
Vendor: the legal entity (the company Yuca SAS) that offers the purchase of the Premium Version.
Website: the www.yuka.io/en/ website.
2. Yuca’s mission and independence
2.1. Purpose and mission
Yuca SAS is a company with a mission, as defined by Article L.210-10 of the French Commercial Code.
Yuca’s purpose is to make consumers aware of the composition of products, particularly food and cosmetics, in order to help them make better choices for their health and for the planet, while at the same time representing a lever for action to encourage companies to improve the transparency and quality of their products.
Yuca’s mission, as defined by Article L.210-10 of the French Commercial Code, is to pursue the following social and environmental goals:
(i) To make as many people as possible aware of the health, nutritional and environmental impact of products, particularly food and cosmetic products;
(ii) To alert consumers to the potential risks that may result from the products they consume, particularly when these products contain ingredients, additives or components that are the subject of scientific controversy calling into question their use;
(iii) To help consumers make better choices for their health and for the planet, by offering them independent alternatives that respect their health and/or environmental concerns;
(iv) To encourage companies to improve the composition of their products in order to make these products healthier and more sustainable.
Yuca accomplishes its mission mainly through the Yuka App, the operation of which is detailed below (see Section 3).
2.2. Independence
The Publisher has no contractual or financial ties of any kind with the producers and/or distributors of the Products evaluated by the App, which is completely independent:
- the Yuka App does not display any advertising,
- no brand or industrial group can influence the analysis of its products, nor remunerate the Publisher for highlighting these products on the App or on the blog,
- the Publisher does not exploit or sell any user data.
The Publisher is financed by three sources of revenue:
- the paid Premium Version of the App,
- the sale of Yuka’s “Healthy Eating Guide”, which presents all the basics of healthy eating in an educational and accessible way (unavailable in USA),
- the sale of Yuka’s Seasonal Fruits and Vegetables Calendar (unavailable in USA).
To further enhance transparency, the Publisher has made its balance sheet and sales breakdown publicly available.
3. How the App works
3.1. Database
Yuka has its own Database, which contains several million food and cosmetic products (the “Products”).
This Database is currently supplied by:
1) Contributions from Users (the “Contributors”), who can add Products not listed by Yuka directly via the App, by adding photos of the Products and information about their composition.
2) Brands that give Yuka access to information about their products. This information corresponds to the mandatory information on product labels. There is therefore no conflict of interest when Yuka works with brands to improve the provision of this information.
There are three (free) solutions for this:
- the Yuka database,
- our data import tool,
- the Salsify platform with which we collaborate.
The Publisher does not guarantee the complete reliability of the information regarding the composition of the Products listed in the Database, nor the complete detection of ingredients (see Section 6.3.1 below).
In fact, the information provided by the App relays the information on the Products’ label. The Publisher has set up control systems which enable its team to verify this information, but the Publisher itself does not analyze the composition of the Products. Errors of composition or detection may occur.
3.2. Rating method
The App operates on the basis of an algorithm that automates the scoring of a Product by capturing its barcode and its labelling.
The rating method for food products used by the App includes the following items:
- nutritional quality (60%);
- the presence of additives (30%);
- the product’s organic dimension (10%).
However, in the presence of an additive evaluated as “at risk” (red dot), the maximum score for the product is set at 49/100.
For salt and chocolate, the scoring method takes into account additional specific criteria, differentiating from a qualitative or environmental point of view: the extraction or processing method for salt; cocoa content and type of fat for chocolate.
The cosmetic scoring method is based on an analysis of all product ingredients. The App evaluates the risk level of the ingredients that make up the products. However, the App does not evaluate the effectiveness of these ingredients.
Each ingredient is assigned a science-based risk level. Four levels have been defined: at risk (red), moderate (orange), low (yellow) and no risk (green).
3.3. Yuka evaluations and opinions
The Score, which is calculated by the algorithm and assigned by the App, constitutes an opinion based on the analysis of the ingredients and additives that make up the Products.
The terms “excellent” (score >=75), “good” (from 50 to 75), “mediocre” (from 25 to 50), “bad” (<25) refer only to the Score of the Product, according to the evaluation method developed by the Publisher. These terms do not refer to the product itself or to its intrinsic qualities (for example, the term “bad” does not mean that a Product is unfit for consumption).
Similarly, the terms “at risk,” “moderate risk,” “limited risk,” “low risk,” “no risk,” “very high impact,” “high impact,” “moderate impact,” “low impact,” “very low impact” refer solely to the Publisher’s opinion about the additives or components contained in the Products, based on the analysis of solid scientific studies.
The User must therefore be aware of the complexity of the fields of nutrition, cosmetics and environmental analysis. The App provides an initial analysis that enables consumers to be more aware of the composition of the food and cosmetic products they use on a daily basis, but does not guarantee the User better health. One’s state of health is determined by numerous factors, including lifestyle and environment (a healthy and balanced diet, physical exercise, hygiene, the absence of problems caused by addictions, stress or pollution). The Services offered by the App do not in any way constitute a medical recommendation.
The evaluation of the Product, as expressed by the Score, does not constitute a judgement on the Product’s health or environmental properties, and factors cannot be disregarded, in particular those linked to the quantity of product consumed, the frequency with which it is consumed, the lifestyle and environment described above. The Publisher’s aim in evaluating the Products is neither to prohibit nor to promote the Products, but to make as many consumers as possible aware of the composition of these Products.
3.4. Recommendations and rankings
When a Product with a “Poor” or “Bad” Score is scanned by a User, Yuka suggests similar products which have a higher score (“Good” or “Excellent”).
The recommendations are selected in a totally neutral and objective way: there are no brands that pay or influence Yuka to appear in the recommendations.
The algorithm for selecting healthier alternatives takes the following into account, in order of priority:
1) Product category (e.g., strawberry jams, plain goat’s and sheep’s milk yogurts, non-tinted lip balms, solid soaps, etc.) in order to recommend a product as close as possible to the initial product.
2) Product availability, in order to recommend products that can be found easily.
3) Product rating, in order to specifically recommend highly rated products, i.e. “Good” or “Excellent.”
The App also offers Product rankings (or “top products”), which are accessible free of charge, but currently only in France and the United States.
As with the recommendations, the selection of products featured in the rankings is completely impartial. There are no brands that remunerate Yuka to be featured in these rankings.
The ranking selection algorithm takes into account the following criteria:
1) Product category, in order to be as close as possible to the selected category.
2) Product availability in the country, so that products can be found easily.
3) Product score, in descending order.
4) The number of Products of the same brand is limited, in order to promote a diversified product representation and to avoid excessive presence of the same brand.
Top products may include products with a score of less than 50/100 if no product in the category has a higher score, but products containing red additives (classified as “hazardous” in the app) are systematically excluded.
3.5. Call-out brands
If a User scans a product containing an additive that Yuka considers potentially “high risk” to consumers’ health, the User has the opportunity to call out the brand that sells this product and request the removal of this additive (hereinafter referred to as "the Call-out").
The Call-out feature is only available in France and in the USA. Its detailed functioning is explained here.
The use of Yuka’s Call-out feature is governed by the Call-out User Policy, the terms of which are a part of, and are hereby incorporated into, these Terms and Conditions.
Please note that the Call-out feature is meant for users who are at least 18 years old. If you are younger than 18 years old, please do not use the Call-out feature.
3.6. Premium Version
The App offers the in-app purchase of a Premium Version which includes the following features:
an “Offline” mode: allows to scan and access a product's grade even without an Internet connection. This feature does not cover all of the Products listed, but only a selection (representing the most frequently scanned Products).
- the “Search” feature: enables the User to search the Products’ database by using keywords (product name, brand, etc.) and to access to its Score, without having to scan the product in question.
- the “Food Preferences” features: enables the User to customize the App according to preference and dietary restrictions. The App highlights the presence of unwanted ingredients in the product sheet, and the recommendations then take those preferences into account.
4. Account in the App
4.1. Creating an account
Users who create an account in the App may access their account by logging in with the username and password provided at the time of registration and by using systems such as third-party social media log-in buttons.
By registering, the User agrees to respect the following conditions:
- accounts created by bots or other automated methods are not permitted;
- unless expressly authorized, each User may register only one account;
- unless expressly authorized, a User account may not be shared with others.
Users are fully responsible for protecting the passwords they have chosen. They are encouraged to use complex passwords. If they forget their passwords, they can choose a new password.
This password guarantees the confidentiality of the information contained in the User’s account, and the User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher may not be held liable for unauthorized access to a User’s account.
Users who have reason to believe that their personal usernames and passwords have been improperly disclosed or violated must inform the Publisher immediately, by using the contact details provided in the Preamble to the Terms and Conditions.
4.2. Suspension or deletion of an account by the Publisher
The Publisher reserves the exclusive and discretionary right to suspend access to the App or to delete the account of any User who has violated these Terms and Conditions (in particular, but not limited to, the restrictions on use and publication, set out in Section 5.1 and following of these Terms and Conditions, and the Call-out User Policy). The Publisher may also delete any account that has been inactive for at least one year.
Such suspension or deletion, which may occur at any time and without prior notice, shall not be liable to constitute damage to the excluded User, who shall therefore not be entitled to claim any compensation as a result. The suspension or deletion of an account is not exclusive of the Publisher’s right to take legal action against the User where the facts justify such an action.
4.3. Closure by the User
Each User is free to close their account on the App. To do so, the User must send an email to the Publisher indicating the wish to delete their account. The User may also follow the deletion procedure.
5. Rights and obligations of the User
5.1. Restrictions on use and publication of content on Yuka
The User agrees to comply with applicable laws and regulations, as well as with these Terms and Conditions, and in particular with the following restrictions:
- not to publish any illegal content via the Website or the App, in particular:
o defamatory, abusive, threatening, harassing or otherwise inappropriate content;
o content that directly or indirectly promotes hatred, racism, discrimination, pornography, violence or any other violation of human dignity;
- not to interfere with the proper functioning of Yuka, in particular not to:
o probe, scan or test Yuka’s vulnerabilities;
o violate Yuka’s security and authentication measures;
o install, integrate, download or otherwise incorporate any malware into or through Yuka;
o use Yuka in an abusive, excessive or otherwise inappropriate manner (for example, to send spam);
o attempt to disrupt or tamper with the technical infrastructure in a way that adversely affects Yuka;
o adopt any automated procedure to harvest or scrape data and/or content from Yuka.
- not to infringe the rights of other Users, in particular not to:
o hijack any account used by another User;
o harvest or collect any information about other Users, such as their login details and other personal data;
- make personal and non-commercial use of the data relayed by the App, in particular:
o not to use the evaluations, recommendations and rankings provided by the App for personal gain or for profit;
- not to add or modify product composition/ingredients erroneously, under the conditions described below.
Users who fail to comply with the restrictions set out in this section will have their accounts suspended or deleted, in accordance with the conditions set out in Section 4.2.
5.2. Adding products
Users have the ability to contribute to the content accessible via the App by adding or editing data relating to food and cosmetic Products.
Contributors waive their rights to the content of the contributions, in favor of the Publisher, for any distribution or use, including of a commercial nature. Contributors are informed that the Publisher may publish all or part of the contribution (for food products only) on the Open Food Facts website (openfoodfacts.org).
Contributors undertake to provide truthful information when making a contribution and to comply with the rules of contribution.
The Contributor undertakes to relay only information and photographs for which the Contributor owns the intellectual property rights. The Contributor undertakes not to add information and/or photographs from other websites. The information added by the Contributor must come directly from the product packaging. Any photographs added by the Contributor must have been taken by the Contributor.
5.3. Making changes to Product information
The User who has identified missing or inaccurate information is invited to edit the product data sheet. The User may also report an error to the Publisher, who will make its best efforts to update the Database within a reasonable time.
Any Contributor who deliberately deletes correct information and/or deliberately enters incorrect information will have their account suspended or deleted under the conditions set out in Section 4.2, and legal action may be taken against the Contributor. Such contributions may be immediately deleted by the Publisher.
5.4. Responsibility of the User and Contributor
Contributors are solely responsible for the content they publish.
The Publisher expressly reserves the right to take legal action against a Contributor in the event that the Publisher suffers damage resulting from a Contributor’s contributions which do not comply with these Terms and Conditions, or against a User who has violated these Terms and Conditions.
The User hereby agrees to hold harmless, defend and indemnify, to the fullest extent permitted by law, the Publisher and its officers, directors, representatives, agents, consultants, contractors and employees, from and against all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ and consultants’ fees and disbursements) incurred by the Publisher as a result of any claim by a third party (including government agencies and authorities) arising out of, based upon or resulting from your breach of these Terms and Conditions.
The responsibility of the User in the context of Call-outs is detailed in the Call-out User Policy.
6. Exclusion and limitation of liability and warranties of the Publisher
6.1. Access to the App
The Publisher hereby informs you that the information entered in the App is hosted on the servers of an external service provider to whom the Publisher has subcontracted the hosting service.
The Publisher shall not be held liable for any technical unavailability of the connection, whether due to (but not limited to) force majeure, maintenance, updating, modification, intervention by the host, internal or external strikes, network failures or power outages.
The User acknowledges to be aware of the limitations and constraints specific to the Internet network and, as such, recognizes in particular the impossibility of a total guarantee of the security of data exchanges. The Publisher cannot be held liable for any damage resulting from the use of the App, such as loss of data, intrusion, viruses, service disruptions, and the like.
The Publisher shall not be held liable in the event of misuse, incorrect configuration of the User’s device driver, or use of a device driver that is rarely used by the User or is obsolete.
The total or partial impossibility of using the Website or the App, in particular due to hardware incompatibility, shall not give rise to any compensation, reimbursement or liability on the part of the Publisher.
6.2. Access to external resources
Through Yuka, the User may have access to external resources provided by third parties, such as links to scientific studies in the “Scientific Sources” section.
The User is informed that these external resources are governed by the terms and conditions or other legally binding documents established by their owner.
The User acknowledges and accepts that the Publisher has no control over such resources and shall not be liable for their content or (un)availability. The Publisher shall not be held liable if the content of external resources violates current legislation or if their use by the User causes harm.
6.3. Content displayed on the Yuka App
THE APP PROVIDES THE USER WITH DATA OF AN INDICATIVE AND GENERAL NATURE. THE PUBLISHER DOES NOT GUARANTEE THE RELEVANCE, ACCURACY OR COMPLETENESS OF THE DATA DISPLAYED ON THE APP, WHICH IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE ABOVE, THE PUBLISHER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT. NO EVALUATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PUBLISHER THROUGH ITS SERVICES, THE WEBSITE OR THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS TERMS AND CONDITIONS OR CREATE ANY LIABILITY FOR THE PUBLISHER.
USERS EXPRESSLY AGREE TO USE THE APP AT THEIR OWN RISK AND UNDER THEIR SOLE RESPONSIBILITY. THE USER IS SOLELY RESPONSIBLE FOR CHOOSING AND PURCHASING A PRODUCT.
THE APP DOES NOT PROVIDE MEDICAL ADVICE, AND IS IN NO WAY INTENDED TO REPLACE A CONSULTATION WITH A HEALTHCARE PROFESSIONAL, IN PARTICULAR A DIETICIAN OR DOCTOR. THE USER MUST NEVER USE THE APP FOR MEDICAL REASONS, AND IN PARTICULAR MUST NEVER NEGLECT OR DELAY SEEKING MEDICAL ADVICE OR PROFESSIONAL CARE IN THE EVENT OF A HEALTH PROBLEM, AS A RESULT OF SOMETHING THE USER HAS READ ON THE APP. THE CONTENT ON THE APP MAY NOT BE APPROPRIATE FOR PERSONS WHO HAVE EVER EXPERIENCED EATING DISORDERS.
6.3.1. Information about product composition – Database
The Publisher does not guarantee the accuracy or completeness of its analysis of the composition of the Products. The Publisher shall not be liable for the data relating to the composition of the Products analyzed and excludes all liability in the event of errors in the Database.
The Database evolves according to the products added and/or modified by the Contributors and the Publisher, on the basis of the information provided by the manufacturers. Errors of composition or detection may occur.
It is therefore the responsibility of Users to check the composition of the Products directly on the product packaging, to ensure that they have up-to-date information regarding the composition of the Products.
6.3.2. Evaluation of the risks of ingredients and additives contained in the Products
The Publisher does not guarantee the relevance, completeness or accuracy of the risk evaluations associated with the ingredients and additives contained in the Products.
The Publisher does not claim to have any scientific authority and only issues opinions about the potential risks associated with ingredients and additives in the Products, based on an analysis of collective expert reports (including independent studies) and scientific studies from recognized institutions and applicable regulations.
The Publisher applies the precautionary principle and warns of the presence of certain ingredients and additives, even if the risk is still suspected rather than proven.
The Publisher makes every effort to provide an analysis based on the current state of science. Nevertheless, given the number of ingredients and additives contained in the Products evaluated by the Publisher, the inclusion of the most recent scientific studies and regulatory changes cannot be guaranteed. The Publisher cannot be held liable if the evaluation of an additive or ingredient which poses a risk does not take into account a recent change in regulations, for example, at the local level in a US State.
6.3.3. Product recommendations and rankings
The Publisher shall in no event be liable for the relevance, completeness or accuracy of the recommendations of top-rated products or the top-products.
In particular, the Publisher cannot guarantee that the recommended product strictly corresponds to the product scanned, nor can it guarantee the availability of the recommended product from the distributor offering for sale the product scanned by the User.
The top-products solely reflect the Publisher's opinion, which does not concern the overall effectiveness of the Products. The presence of a Product in a ranking does not imply that it is the best on the market.Haut du formulaire
6.3.4. Specific features of the Premium Version
The Publisher shall not be liable for the unavailability of a Product in the offline Database, which contains only a portion of the Products (representing the most frequently scanned Products).
For the reasons set out above regarding the impossibility of guaranteeing data relating to the composition of the Products, the Publisher cannot guarantee the relevance, completeness and accuracy of information relating to the “Food preferences” chosen by the User. This feature should therefore not be used by people who have severe allergies that could lead to serious medical complications. In all cases, it is the User’s responsibility to check the composition of the Products directly on the packaging, to ensure that these Products do not contain any ingredient to which the User is intolerant or does not wish to consume.
6.4. General limitation of liability
OTHER THAN IN CONNECTION WITH PUBLISHER’S AGREEMENT TO SUPPORT YOU AS SPECIFICALLY SET FORTH IN ARTICLE 3 OF THE CALL-OUT USER POLICY, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PUBLISHER’S ENTITIES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, LOST REVENUES, LOST CUSTOMERS OR LOST DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE PUBLISHER’S ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
OTHER THAN IN CONNECTION WITH PUBLISHER’S AGREEMENT TO SUPPORT YOU AS SPECIFICALLY SET FORTH IN ARTICLE 3 OF THE CALL-OUT USER POLICY THE PUBLISHER’S AGGREGATE LIABILITY TO USERS ARISING OUT OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT THE USER HAS PAID FOR THE YEARLY SUBSCRIPTION OF THE PREMIUM VERSION OR, IN CASE OF USE OF THE FREE VERSION OF THE APP, TO US$100.
AS SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY OR DAMAGES, THE ABOVE EXCLUSION AND LIMITATION DO NOT APPLY TO USERS RESIDING IN THESE STATES. IN SUCH STATES, THE PUBLISHER’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE PUBLISHER’S LIABILITY TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
7. Intellectual property rights
7.1. The rights of Yuka
The content of the Website and the App, the Yuka brand, logos, software and analysis methods, recommendation methods, graphic elements, databases, and all other elements making up the Website or the App are the exclusive property of the Publisher and/or other third-party rights holders as further described in Section 7.2.
Any person who communicates, represents, reproduces, interweaves, distributes or redistributes these elements is liable to the penalties provided for in the French Intellectual Property Code, the French Civil Code and the French Commercial Code.
These Terms and Conditions do not imply any transfer of intellectual property rights of any kind to the User in relation to the elements belonging to the Publisher, its assignees, or any other applicable rights holder.
The Publisher grants the User a non-exclusive, revocable license to use the Website and the App. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Website or App.
This license does not grant the User the right to access, use or disclose the source code. The Publisher holds exclusive rights to the methods, algorithms and processes contained in the software, as well as the exclusive rights to any associated documentation.
Users found to have infringed these protected elements may have their accounts deleted without notice or compensation, and without this deletion constituting damages for the User, without prejudice to any subsequent legal action taken against the User by the Publisher or its agent.
7.2. Third-party intellectual property rights
Elements belonging to third parties, including but not limited to, brands, logos, images, photographs and texts are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by the laws in force.
The User undertakes to respect all the rights of third parties whose content is displayed on the App.
The User undertakes not to directly or indirectly infringe the property rights of third parties, whose content is displayed on the App, and undertakes not to exploit these elements in any way whatsoever.
8. Purchase of the Premium Version
8.1. Services offered for sale
A Premium Version of the App, with the features described in Section 3.5 above, is also available for purchase in the Stores and on the Website in the form of an annual subscription.
8.2. Prices
The prices shown on the App and on the Website are understood to be in US dollars, inclusive of all taxes, taking into account the VAT applicable on the day of purchase.
The Vendor reserves the right to pass on to the User any change in the VAT rate to the price of the Premium Version of the App. The Vendor also reserves the right to modify its prices at any time. Nevertheless, the price shown on the App and the Website on the day of purchase will be the only price applicable to the Customer.
8.3. Payment methods
8.3.1. Purchases via a Store
The Customer may place an order for the Premium Version on the App and pay for it using the payment method whose details the Customer has provided to the Store.
The Customer is hereby informed that purchases made through the Store are subject to the Store’s Terms and Conditions, which shall prevail over these Terms and Conditions in the event of any conflict.
8.3.2. Purchases via the Website
The Customer may also place an order via the Website. Orders placed via the Website can currently only be paid for by credit card.
8.3.3. Common provisions
Payments are made using secure transaction methods provided by the Store, or by independent service providers in the case of orders placed through the Website.
8.4. Delivery and availability of purchases
Once payment has been made, the Customer will receive an email confirming receipt of the order.
The Premium Version of the App is immediately made available to the Customer. If a purchase made in the App is not made available, the Customer has a maximum of three months (from the date of purchase) in which to contact us.
8.5. Termination of Premium Version subscriptions
Premium Version subscriptions are taken out for a period of one (1) year from the date of purchase. At the end of the initial period, the subscriptions are automatically renewed for an identical period, unless the User cancels the subscription, no later than the day before the renewal date.
The User may also cancel the subscription at any time during the subscription period, without this being entitled to reimbursement. The User will continue to have access to the Premium Version until the end of the subscription period.
Users may terminate their subscriptions either through the Store via which they subscribed to the Premium Version, or by sending an email to the contact email (team@yuka.io)
9. General provisions
9.1. Modification of the Terms and Conditions
The Publisher reserves the right to modify these Terms and Conditions at any time, including without prior notice. Users are encouraged to regularly consult the Terms and Conditions on the Website.
The changes made will only take effect within a period of 14 days after being posted online. If the User continues to use the Services after this date, it means that the User accepts the modified Terms and Conditions. If the User does not wish to accept these changes, the User may not continue to use the Services. The User may contact the Publisher for any request concerning a previous version of the Terms and Conditions.
9.2. Severability and nullity
If one or more clauses of these Terms and Conditions are found to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other clauses shall retain their full force and scope.
9.3. Tolerance
The User acknowledges that the Publisher’s tolerance of a situation does not confer any rights on the User. The Publisher’s failure to assert any right or provision shall not be construed as a waiver of these rights or provisions.
10. Disputes; Governing law
For any problem or dispute that you may have with Yuca, you acknowledge and agree that you will first give Yuca an opportunity to resolve your problem or dispute. This includes you first sending a written statement to Yuca that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution (such statement, a “Notice of Dispute”). You must send any Notice of Dispute by email to team@yuka.io or by first class U.S. mail, return receipt requested to Yuca at 228 Park Ave S PMB 97240 New York, New York 10003-1502 Attn: Notice of Dispute. You then agree to negotiate with Yuca in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Yuka’s receipt of your Notice of Dispute, you agree to the further dispute resolution provisions below.
10.1. Binding Arbitration
If you and Yuca do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
IF APPLICABLE LAW DOES NOT ALLOW BINDING ARBITRATION TO APPLY TO YOU, THE ABOVE PROVISION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10.2. Class-action waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Yuca will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
IF APPLICABLE LAW DOES NOT ALLOW A WAIVER OF CLASS ACTION PROCEEDINGS TO APPLY TO YOU, THE ABOVE PROVISION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10.3 Arbitration procedures
Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree to commence arbitration only in the State of New York. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY YUCA IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY EMAIL TO team@yuka.io OR BY FIRST CLASS U.S. MAIL, RETURN RECEIPT REQUESTED TO YUKA AT 228 PARK AVE S PMB 97240 NEW YORK, NEW YORK 10003-1502 ATTN: ARBITRATION. YOUR WRITTEN NOTIFICATION TO YUCA MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH YUCA THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH YUCA OR THE DELIVERY OF ANY SERVICE(S) TO YOU BY YUCA. IF YOU HAVE PREVIOUSLY NOTIFIED YUCA OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
This Section survives expiration or termination of these Terms and Conditions for any reason.
THESE TERMS AND CONDITIONS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and Conditions and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or New York County, New York. You agree not to raise the defense of forum non conveniens.
