User Agreement

Your (“you”) use of the internet-based mobile application and service provided to you by YEAY GmbH, Stefan-Heym-Platz 1, 10367 Berlin, Germany (“us”, “we”, “our”) is subject to this User Agreement (the “User Agreement”), our Terms of Service (the “TOS”), and our Privacy Policy (the “Privacy Policy”). By using YEAY, you accept the terms of this User Agreement, the TOS, and our Privacy Policy, collectively the (“Terms”).

1. Service Description

YEAY is a global video-based mobile-app which provides a marketplace for companies and content creators to meet to buy/sell content (“YEAY”, “App”). You can use YEAY in two different user roles:  

1.1.  Creator. As a Creator, you can browse through the app to view opportunities to create content for Brands, you can see content created by other Creators for those Brands, you can apply to create content for Brands, and you can make money for content you sell to Brands!

1.2.   Brand. As a Brand, you can post opportunities for Creators to create content for your brand, you can view content created in response to your posts, and you can buy content from Creators you like!

2. Registration

2.1.   If you want to use YEAY as a Creator, you need to register an account with YEAY. Please follow and finalize the registration process provided in the App. The minimum age for registration is 13 years. With your registration you warrant that all data provided by you is true and accurate. Creating an account with false information is a violation of our Terms.

2.2.   Please make sure that you use a “strong” password for your registration. You must not share or disclose your password to any other third party.

3. YEAY Commissions, Costs

3.1.   As a Creator, your use of YEAY is free of any payment to us. 

3.2.   You may incur connection costs depending on the particular internet service, cell phone contract or any other contracts you have with third parties in order to access the App.

4. Your use of YEAY

4.1.   The User License is Subject to your full compliance with the Terms. We grant you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable license to use YEAY (subject to successful Registration).

4.2.   Usage Rules When using the App, you must not do the following:

a. Register with the App more than once; 

b. Enter data that is false, inaccurate or misleading;

c. Send or post junk, spam or similar harassing messages;

d. Act in conflict with any applicable statutory provisions;

e. Act in any other unlawful way, including the offering of products that are not fully owned by the Brand, do not exist or that are not available in a sufficient number;

f. Use the App for any other purpose as set forth in the present User Agreement and TOS;

g. Manipulate or misuse the App and its features;

h. Offer products that are illegal;

i. Make direct arrangements with a Brand by circumventing the App; or

j. Violate the Terms in any manner whatsoever. 

4.3.   User Generated Content.  

a. By posting or uploading videos, images, texts, etc. to YEAY (“User Generated Content“), you grant us a non-exclusive, perpetual, worldwide, royalty-free, non-revocable, assignable and transferable license for your User Generated Content in order to use it for all current and future features of YEAY. This license shall include (but not be limited to) the right to store your User Generated Content on our servers and edit/transcode and combine your User Generated Content with other content.   

b.You must not upload User Generated Content, which infringes third party rights; you must not upload User Generated Content if you do not personally own the required rights; you must not upload User Generated Content that is contrary to any laws (including the laws for the protection of minors, copyright, trademark, patent, design patent or utility patent law);  you must not upload User Generated Content that is racist, inhuman, insulting or contrary to public decency, pornographic, or promoting, offering or distributing pornographic products, harassing of others (particularly in the form of spam); you must not undertake or encourage anti-competitive actions, including progressive user canvassing (such as chain, snowball or pyramid selling schemes); you must not engage in blocking, overwriting, modifying, or copying YEAY entirely or partly, except where necessary for the proper use of YEAY; you must not undertake actions likely to impair the functionality of our technical infrastructure, in particular by placing an excessive burden on the App; see section 10 of the TOS for further information regarding prohibited conduct.

c.You represent and warrant, that your User Generated Content is not encumbered by any third-party rights.   

4.4.   We reserve the right to remove, block and delete your account for any reason and without any liability at any time, especially if we believe that you do not comply with the provisions set forth under Section 4.2 and 4.3. 

5. Termination

5.1.   We reserve the right to terminate your use and access to YEAY in whole or in part at our sole discretion at any time and without notice to you. 

5.2.   If you wish to end your business relationship with us, please follow and finalize the “unregister” process in the App. With the successful fulfillment of the unregister process, our business relationship with you will end. 

5.3. Grant of rights for your User Generated Content. The grant of rights for your User Generated Content shall survive the end of the business relationship (i.e. YEAY shall be entitled to keep your User Generated Content available within the scope of the App’s features globally and in perpetuity).

6. Take Down Policy

Please notify us under support@yeay.com if you get aware of any unlawful or inadequate use of the App by any other user (“Take Down Request”). Please include the following information in your Take Down Request:   

–        your name 

–        your e-mail-address and other contact details 

–        a detailed explanation of your motivation for the Take Down Request 

–        link or screenshot of the problematic content.  

 We will check your Take Down Request and take measures that we think are appropriate.

7. Disclaimer

We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness of YEAY for a particular purpose. We do not make any representations or warranties that YEAY will be error free or that access thereto will be continuous or uninterrupted.

8. Privacy Policy

Data handling on YEAY is subject to our Privacy Policy.

9. Release of liability

We are not liable for:

a. any special, incidental or consequential damages resulting from YEAY’s services; 

b. the cost of procurement of substitute products or services; 

c. for interruption of use or loss or corruption of data; 

d. for any amounts that exceed the fees paid by you to us under this agreement; or 

e. any liability regarding any failure or delay due to matters beyond our reasonable control.  

The foregoing shall not apply to the extent prohibited by applicable laws. In the event of slight negligence, we shall not be liable to other businesses and shall be liable to users only for personal damages. We shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

10. Indemnification

You shall indemnify us from any and all third-party claims and all reasonable legal costs as well as for any other damages resulting from any violation by you of this User Agreement or the infringement of any third-party rights by your User Generated Content.

11. Changes /Amendments

We reserve the right to change and/or amend the User Agreement from time to time. If you have registered with YEAY, we will notify you about upcoming changes/amendments. If you do not object to the changes/amendments within 2 weeks by e-mail (support@yeay.com), the changes/amendments will become binding for you. Should you object to the changes/amendments, the old version of the User Agreement shall remain binding; in this case we reserve the right to terminate this Agreement with you along with your YEAY Account.

12. Severability, Applicable Law, Place of Jurisdiction

If a provision of the present Agreement should be or become invalid, this shall not affect the validity of the remaining provisions.  In this case, the invalid provision shall be replaced by one that comes as close as possible to the commercial intent behind the old provision.  The Parties shall be obligated to cooperate in arriving at a corresponding clarification of the text of the Agreement.  The same shall apply to any potential legal gaps/omissions in the Agreement. The present Agreement shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of goods.    The place of jurisdiction for any disputes arising between the Parties in connection with this Agreement shall be Berlin, Germany.

Last amended: June 21st, 2023 © YEAY GmbH