Terms and Conditions
§ 1 Scope
Please note:
The original version of our terms and conditions appeared in German. Only the German version is legally binding.The following text is a legally non-binding translation.
These General Terms and Conditions (GTC) apply to the products and services offered by us, YAY, Philipp Scheit, Dorfstr. 12 f, OT Sibstin, 23730 Altenkrempe, via our website www.yaymemories.com in the legal relationship between us and the persons who use this website and their products and services within the framework of a contract concluded between us (hereinafter also the “user” or "client" or "customer").
These GTC apply equally to end customers who use YAY as a B2C service as well as to B2B cooperations and their users, provided that we create digital and printed products for them.
At the request of the user, these GTC can be requested from us at any time by e-mail to info@yaymemories.com or in writing.
By starting a trial subscription or ordering products on our website, the user accepts the current version of these GTC as binding for all legal relationships between him and us. For B2B cooperations, there are separate contracts that are based on these General Terms and Conditions and to which our exclusion of liability also applies.
These GTC apply exclusively to the legal relationship between us and the user. Deviating regulations or regulations of the user are hereby expressly contradicted. Deviating regulations or regulations of the user do not apply even if we do not expressly object to them individually.
§ 2 Subject and closure of the contract - user data
The subject of the contract is the use of the YAY Online Journal to which the user subscribes and for which he receives his own web address. The user can share password-protected photos, videos, and reminder texts with third parties (e.g. friends, family members). The YAY Online Journal works as a browser-based application on desktops and mobile devices.
By starting a trial subscription (registration) or ordering products on our website, a contract is concluded for the use of our services and products.
In order to be able to use the online journal, the user must have reached the age of eighteen. The registration of users who do not meet this requirement will be rejected. User accounts will be deleted with immediate effect if there is reason to believe that the account is being used by a person who has not yet reached the age of eighteen.
The costs for the price packages can be found on our website. The prices shown include the statutory sales tax.
There is no legal right to use our online journal or to purchase a product.
User accounts will be blocked and/or deleted with immediate effect if there is reason to believe that the first and last name provided during the order does not correspond to the real name of the user.
The data provided by the user when registering for a trial subscription or ordering a product or online journal will be stored by us after completion. Please read our Privacy Policy to learn more.
Starting a trial / registration
By starting a trial subscription (registration), the user registers for a user account, with which he can log in to his personal online journal.
You can start a trial subscription with the following steps:
a. Click on "start now", "get started", "start with yay", create your online journal" or similar, or enter a self-chosen domain on a landing page if possible;
b. Enter your name and email address, optional: enter your cell phone number
d. Click on "Next"
The following steps led to order a product
Buy a stork package
a. Click on "Give YAY to a loved one";
b. Enter your name and physical address;
c. Click on "order and pay".
Buy of a photo book
a. Design the photo book in the browser-based application;
b. Click on "order"
c. Click on "order and pay".
Buy a paid subscription
After the trial subscription expires, the following steps are required to order a paid subscription:
a. Click on the order link (from email or the application)
b. Choose a subscription plan (monthly or annual subscription);
c. Enter your name and physical address;
d. Click on "order and pay".
§ 3 Contract duration – End of contract
Contract Duration
The free trial runs for 30 days.
The stork package, gift cards and vochers are not preceded by a free trial subscription.
The contractual relationship between us and the user of an online journal is for an indefinite period and is billed either monthly or annually. The stork package, on the other hand, is limited to 3 months or limited to the time agreed individually by e-mail.
Notice Period
Each party (YAY and the user) can terminate the contractual relationship up to 3 days before the end of the selected billing period. The termination must be made in text form (via email, chat or letter).
Contract Extension
The contractual relationship within the scope of the trial subscription ends automatically after 30 days and does not need to be canceled.
Paid subscription plams automatically renew for an additional month or year, respectively, unless the respective subscription is canceled by the user in a timely manner.
The contractual relationship within the scope of a Stork Package ends automatically after 3 months or after the individually agreed term and does not need to be canceled.
Deletion of Online Journals and User Accounts
If the user does not order a paid subscription after the trialing, his or her online journal will be deleted 60 days after the trial subscription expires.
If the user does not order a monthly or annual subscription after the stork package has expired, his or her online journal will be deleted 60 days after their stork package has expired.
If a user cancels his or her paid subscription plan, the account and the online journal (or several online journals, if applicable) will be irrevocably deleted after 60 days at the latest.
If a user fails to pay for his or her subscription invoice on time, we reserve the right to delete the corresponding online journal 60 days after the payment deadline. The user has no right to restore the subscription, even if payment will be made later.
If we have reason to believe that a user does not want his or her account to be deleted, we will, at our discretion, host the account for longer than 60 days, but no longer than 2 years. The user ONLY receives new access to his or her account by paying the outstanding payment claim(s). That is our own decision (§ Section 4).
Deletion of customer data, photo books + eBooks
Customer data (a user's name, address, email address, and, if applicable, telephone number) will not be deleted unless a user explicitly requests this.
Ordered photo books and diaries that have been printed, as well as photo books created by the customer, will be retained for at least one year. After termination, there is no entitlement to the availability of our products.
B2B collaborations: Contractual terms
We create photo products for customers of business partners/third parties. Our contractual terms apply for these third party customers as well (concerning notice periods, customer data, metadata, photo books, eBooks, etc.
Contract terms apply according to the individually agreed terms and cancellation periods. These GTC and our disclaimer apply to all our contracts.
§ 4 Terms of Payment
Our payment provider is Stripe, Inc. Users can pay via all payment options offered by Stripe or with an invoice by bank transfer. In all cases, an invoice will only be issued online by e-mail to the address provided by the user. The invoice amount is due for payment immediately and without deduction.
Other payment methods are not offered and will be rejected.
The statutory regulations regarding the consequences of default in payment apply.
The user is only entitled to set-off rights if his counterclaims have been legally established, are undisputed, recognized by us or linked to our main claim. If the user is an entrepreneur, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
What happens if a customer does not pay on time?
If the user does not pay on time after having started a paid subscription plan or after the automatic renewal of this same subscription plan, we reserve the right to deactivate the account 2 weeks after the payment deadline. In this case, the user's account is not deleted, but he or she cannot access it.As soon as we get the receipt for payment, the user's account will be reactivated within 3 days.
If the customer does not pay within 60 days, we reserve the right to delete the account as indicated above.
As mentioned in § 3 already: If we have reason to believe that a user does not want to lose their journal entries by deleting their account (e.g., due to active communication beforehand, a large number of saved journal entries, or a previous exchange regarding subscription renewal that ended without clear notification from the user (e.g., termination), we will host the deactivated account for longer than 60 days, but for a maximum of two years, at our discretion. The user will only be able to regain access to their data by settling the outstanding payment(s). The decision in this regard rests with us.
An outstanding payment amount is not reduced by a user not responding, not paying, or their account being deactivated due to non-payment. There is no right to reactivation of the account and full restoration of data.
The payment terms apply to users of all our products, i.e., the online journal, photo book software, and photo products. They apply to end customers of the B2C service as well as to customers of our B2B cooperations, where other companies and business persons provide us with data from which we create photo products for their customers.
The amount of the bill is not reduced just because the user doesn’t contact us, does not pay in time, or has a deactivated account due to a lack of payment.
**These payment terms apply to users of all our products, for customers using the B2C service, and within the framework of B2B collaborations, where other companies and business individuals provide us with data from which we create photo products for their customers.
§ 5 Referral Program & Affiliate
Referral
YAY's referral program is called "Tell a Mom/Tell a Dad" / "Tell a Friend". In order to participate, the referring participant must already be a customer of YAY.
Any customer who refers a person who starts a paid monthly or trial subscription after the free trial will receive a one-time credit of €15 on a follow-up bill for a subscription and the referred person as well.
The credit will only be applied to a subsequent invoice and cannot be paid out. If the contract ends without a subsequent invoice being issued for a subscription (e.g. due to cancellation), the credit will expire.
The benefits of the referral program apply as long as we maintain it. In the event of changes, users will be informed in advance.
Participation in the referral program takes place when the new interested party begins a free trial subscription. Before he switches to a paid subscription, he writes us an email and specifies the existing customer as the advertiser. We will confirm participation by email.
Despite the name of the referral program, it is of course not a requirement to participate that the referee is a mom or dad or friend.
Affiliate
In addition to the referral program, we offer an affiliate program for which we distribute personalized codes. Based on individual agreements, midwives, parenting instructors, and others can recommend YAY to their customers. For the referral, affiliate partners receive an individually agreed amount/percentage for each user who buys a paid subscription at YAY. For payment, we request the name, place of residence, and VAT identification number.
§ 6 User Responsibilities
Correct information about customer's data
The user is solely responsible for the completeness and correctness of all data entered by the user in the input masks on our website or otherwise transmitted. This includes the correct entry of the address. We are entitled to leave inquiries unprocessed if the data entered by the user in our input masks or otherwise transmitted turns out to be incorrect, untrue, or insufficient. Furthermore, we reserve the right to demand compensation for any resulting damage from the user in the event of intentional transmission or other provision of incorrect data by the user.
Users receive invoices and payment reminders per e-mail; therefore, the customer is obliged to provide a correct email address and to inform us in case of changes. A new email address or a full email inbox does not in any way exempt you from outstanding payments and, if applicable, reminder fees. A new email address or a full email inbox does not protect you from the deletion of your account and online journal after the above-mentioned deadlines.
The customer is responsible for ensuring that they receive their invoices, checking their spam folder if necessary, and contacting us if they don't receive them. For example, if you have a monthly subscription and don't pay for three months, you have no right to expect us to keep your online journal active and not delete it, even if you haven't received the invoices, even if our payment provider Stripe marks the invoice as delivered.
Delivery address for print products
When shipping photo books and other print products, the user has the option of specifying a different delivery address.
We reserve the right to refuse to process requests if the data provided by the user in our input forms or otherwise submitted turns out to be incorrect, untrue, or insufficient. Furthermore, we reserve the right to demand compensation from the user for any resulting damages in the event of intentional transmission or other provision of false data by the user.
Illegal and inappropriate content
The user may not create or link any content that is illegal or immoral, offensive, threatening, glorifies violence, racist or sexually objectionable or that can be understood by an unbiased, objective observer, which violates copyright, competition law or trademark rights or which are related to it are likely to offend the religious feelings of others, denigrate those who think differently politically or endanger the morals of children or young people or impair their well-being. We reserve the right to block and/or delete content and texts that contradict the above, as well as the user profile responsible for this content.
Release from claims
The user releases us from all claims asserted against us by third parties due to a breach of the aforementioned obligations by the user.
Permitted purposes
The user undertakes to use our application exclusively for private and non-commercial purposes. Far above-average access numbers to a user's online journal are a meaningful indication of commercial use. If the user violates this obligation, we are entitled to extraordinary termination of the contractual relationship.
§ 7 Copyright and Use Rights
All copyrights, rights of use, or industrial property rights to the content, representations, logos, graphics, and images created by us on our pages or within our software as well as to the software and database on which our offer is based remain with us or the respective rights' holder.
The user is not allowed to post any content or texts in their online journal, in whole or in copy, for which they do not have the necessary rights to reproduce, change and use. The user releases us from all claims asserted against us by third parties due to a breach of the aforementioned obligation by the user.
§ 8 Warranty, Liability & Disclaimer
Disclaimer
We make no promises, guarantees, or other assurances in the legal sense regarding the online journals we provide and user information.
This disclaimer applies to our service and the processing of all data. In particular, this disclaimer refers to the fact that YAY cannot be held responsible if photos, photo books, and possibly other photo products of customers are deleted, otherwise lost or stolen (e.g., due to a hacker attack), or even published by hackers despite the precautionary and protective measures taken.
YAY is not liable for indirect, consequential, or atypical damages of any kind related to the images or photo products. YAY is not liable for compensation for lost profits, lost use, or the loss of intangible assets.
This disclaimer applies to users who maintain an online journal with YAY and possibly create print products from it. The exclusion of liability also applies to our partners who, as part of business cooperation (B2B), send us photos, images, texts and videos of their customers so that we can create print products for them.
Technical usability
Our goal is the universal usability of our application and our services via our website, regardless of the other hardware and software used by the user. Nevertheless, we cannot rule out the possibility that there are hardware and software configurations in which the services we offer cannot be used or can only be used to a limited extent. We exclude liability for a limited or non-existent usability of our services if this is due to the choice of a specific configuration of hardware or software by the user. In such cases, however, we endeavor to establish usability in cooperation with the user as quickly as possible.
Disruptions, maintenance work, availability
We exclude any liability for short-term, insignificant disruptions to the accessibility of the online diaries or our websites, or disruptions that we cannot influence. This also and especially applies to disruptions inaccessibility due to maintenance work on the website or server structure on which our service is based. These cases do not entitle users to reduction, termination, or the assertion of any claims for compensation. Liability for disruptions caused by the unauthorized use of the user's access data is also excluded if the user is responsible for this unauthorized use.
Damages
In addition, we are only liable for intent and gross negligence and for damage resulting from injury to life, limb or health that is based on a culpable breach of duty by us or one of our legal representatives or vicarious agents. For damages based on a slightly negligent breach of contractual obligations for which we are responsible, we are only liable for typical and foreseeable damages. Essential contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract between us and the user and on the observance of which the user regularly relies on and may rely on. Otherwise, there is no liability. Liability in the event of data loss is limited to the effort required to restore the user's lost data in the online journal using existing backup copies.
Links to third parties
Our website contains links and references to third-party websites. These are not operated by us. We also have no influence on the content displayed on these pages. We assume no liability for the content of these websites, nor do we adopt this content as our own. Furthermore, we do not control the content on these sites. We are not aware of any violations of applicable law on these pages.
§ 9 Data Protection
We take the protection of user data seriously. A comprehensive explanation of how we collect, store and process the data can be found in our Privacy Policy.
§ 10 Form of declarations
Legally relevant declarations and notifications that the user has to submit to us or a third party must be in writing.
§ 11 Choice of Law – Place of Jurisdiction – Changes to the General Terms and Conditions
The legal regulations on the places of jurisdiction remain unaffected unless something else results from the special regulation of paragraph 3.
The law of the Federal Republic of Germany applies to the contracts in accordance with these general terms and conditions.
If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our place of business. However, we are also entitled to sue the user at his place of residence. In the case of a contract with a consumer, the place of jurisdiction is our place of business if the user moves his domicile or usual place of residence outside the Federal Republic of Germany after the conclusion of the contract. This also applies if the domicile or habitual residence of the user is not known at the time the complaint is filed.
In the event of changes to this GTC, the user will be informed of the new GTC by email to the email address provided by the user at least 14 days before the new GTC come into force.
§ 12 Online Dispute Resolution of the European Commission
In the case of customer complaints, YAY refers to the Regulation on Online Dispute Resolution in Consumer Matters (Regulation EU 524/2013), the EU Consumer Directive (Directive 2011/83/EU).
For the settlement of disputes, this body offers a conciliation portal https://portal.verbraucherschlichtung.at/cm/fileadmin/adrapp/page/adrWelcome.php.
In the interest of a quick and uncomplicated solution of your request, we ask customers to contact our e-mail address info@yaymemories.com with their request in advance. We'll try to solve your problem as soon as possible.
§ 13 Withdrawal
The customer can cancel his subscription at any time in compliance with the notice periods (3 days before the renewal of the monthly or yearly subscription).
Your contract with YAY can be revoked within 14 days after the conclusion of the contract. The legal regulations on revocation also apply. If you have any questions regarding the withdrawal of your contract, please contact us at info@yaymemories.com.