Terms of Use

 

last update:November 14, 2019

Welcome to the Yave Platform!

  

This document outlines the Terms of Use for the products and services that Yave Incorporated (“Yave” “we”, “us”, or “our”) provides to its Users.  A User refers to the contracting party and its authorized participants within the Yave Platform.  

 

Please read these Terms of Use, as well as our PRIVACY POLICY, as they govern your use of this Website and other applications operated or provided by Yave, including but not limited to https://trade.yave.io and various demo sites, affiliated sites, and subdomains, as well as any other applications or services that display this policy (collectively, the “Platform”).

 

By using the Platform, you confirm that you accept these Terms, and the Privacy Policy referred to herein, and that you agree to comply with them.  If you do not agree to these Terms, or the Privacy Policy, you must not use the Platform. If you do decide to stop using the Platform due to any term or condition, or related to our Privacy Policy, please let us know by emailing info@yave.io.

 

1.     Yave Platform Use

 

The Yave Platform Cloud Service is a set of integrated software modules that provide Users with the ability to trade physical assets online and interact between supply chain participants and end-consumers, with the explicit intention of traceable and transparent supply chain practices visible to the general public.  

 

1.1.  User Registration and Supply of Information

You need to register on the Platform, and be approved as a User by us, in order to access the Platform functions.  During registration, you will be required to provide contact information, consisting of an email address and password and other details. Your email address is your username and must be validated by you.  

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to inform Yave immediately in writing of any unauthorized use of your account or password, or any other related security breach. You may be held liable for issues or losses incurred by Yave or any other User of the Platform due to someone else using your password or customer account.

 

1.2.  Eligibility of Users

 

The Platform is available only to Users who can form legally binding contracts under applicable law. By using this Platform or the Services found at this Platform, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If Yave finds that you do not have the legal authority to bind such corporate entity, in addition to other remedies, you will be personally responsible for the obligations and legal liabilities contained herein, including, but not limited to, any payment obligations. 

Yave shall not be liable for any loss or claims resulting from Yave’s reliance on any instruction, notice, document or communication reasonably believed by Yave to be genuine and originating from an authorized representative of such corporate entity. If Yave has reasonable doubts of the authority of any instruction notice, document or communication, Yave reserves the right to require additional authentication from you.

1.3.  Proper Use of Yave Platform

When you use any feature or function of the Platform, you agree at all times to comply with all relevant usage requirements. You agree to use Yave Platform for lawful purposes only and may use the Platform only in ways consistent with the law.  

3.     Content and Data Protection

3.1.  Content That You Supply

Yave may allow you to supply content for the Platform or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, the law, or any applicable posting rules. Content that violates applicable rules may be removed by us.

If you choose to post any content on the Platform, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

3.2.  Publicly Accessible Information

User agrees to make available to the public information regarding participants, assets, and transaction details as recorded in the Platform.  In the event that a User does not wish for a price to be made public, that specific price will be marked as “not disclosed” to the public but will remain visible to the participants within the Yave Trading Desk module.

3.3.  Media Release

User grants permission to Yave to reference his/her organization with respect to registration in the Platform in media publications including but not limited to Yave Website, mobile app, blockchain platform, social media, case studies, press releases, and general publications.

3.4.  Privacy Policy

See Yave PRIVACY POLICY for information on what personal information we collect, share, store, and secure.  

 

4.     Governance Model

 

Governance model is the set of rules that define and protect the rights of the ecosystem of Platform Users.  

4.1.  Data Ownership

Data entered and uploaded by Users is owned by the User.  Yave owns solution insights which consist of any data generated by Yave’s analysis of User provided data.  

4.2.  Permission Rights

Permissioning of data is determined by the owner of the data.  User grants viewing rights for the data they enter or upload into the Platform.  Users may access and download data and documentation contained within the Platform, including images, and use of QR codes to communicate their participation in a trade.  Users may link to Yave 

4.3.  Termination

We reserve the right to terminate your use of this Platform if you violate the Terms or any rules or guidelines posted on the Platform or for any other reason in our discretion.

To protect operations of ecosystem participants, entities who knowingly perform incorrect or fraudulent transactions will be removed from the network immediately with no right of refund or credit.  

Entities leaving (voluntarily or involuntarily) the Platform, will retain data ownership rights for their data, but have no ongoing rights to access data or insights residing with the Platform or to change permissions as of the last date of inclusion as a User.

4.4.  Governance Model Changes & Communication

Yave retains the right to change the Governance model and will notify users about the change,  in order to encourage optimal participation in the ecosystem, Yave will consider any User requested changes to this governance but is under no responsibility to agree to requested changes.

5.     Additional Terms

5.1.  General

User agrees Yave may publicly refer to User as a subscriber to the Platform in a publicity or marketing communication.  

5.2.  Deletion & Return of Content

To maintain operations of the ecosystem participants, Yave does not delete or return User content except User personal data.  Yave will delete User personal data at termination or expiration of Platform Use.

5.3.  Proprietary Rights 

Yave reserves all rights under intellectual property law in Yave trademarks and proprietary information, and in any content that is on the Platform.  Except as Yave may expressly state in writing, Users may not reproduce, reprint, publish, or otherwise exploit content or technology from Yave or its suppliers on the Platform without our express prior written consent.

 

5.4.  No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

5.5.  Third Party Sites and Sellers/Product Suppliers

Yave may include on its Platform links to third party Websites. You agree that we are not responsible or liable for any content or claims made on third party Websites. Yave is furthermore not responsible for examining, evaluating, nor providing any warranty for the offers made by any of these businesses or individuals on their own Websites.

 

5.6.  Disclaimer of Warranties

We provide this Platform and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Platform. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE PLATFORM IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS PLATFORM OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

 

5.7.  Limitation of Liability

YOU MAY NOT ASSERT ANY CLAIMS FOR DAMAGES ARISING FROM THIS PLATFORM OR ITS CONTENTS. TO THE EXTENT PERMITTED BY LAW YAVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH CLAIM ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT OR OTHER THEORIES OF LIABILITY.

 

5.8.  Indemnification

You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

5.9.  Changes & Communication

We may discontinue or change any Yave content, service, function or feature at any time with or without notice.

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