1. Subject

Yumi is a trademark of FeedbackLoop Srl (hereafter FeedbackLoop).

FeedbackLoop created a mobile application (App) within a digital ecosystem of peer-to-peer continuous nudging, aiming to enable individuals to self-regulate their behaviour through impact awareness and cognitive insights.

These terms and conditions are intended to govern access to and conditions of use of the Yumi App consumer app. Please read them carefully.

By deciding to proceed with Registration, you acknowledge that you have read and agree to all of these terms and conditions

2. Description of the Services

Yumi is a "Continuous nudging" App that allows people to have daily improvement insights on their device or company devices. Like a personal Digital Coach, the App collects data for the user and presents them with information to understand what impact they are having at work, what relationships are developing in the team and with colleagues, and what specifically they can improve on. All in a confidential and private space.
Following a workday, meeting, or any professional interaction, the Application allows people to record their mood, motivations, and observe other community members exchanging feedback and suggestions. This information generates private and protected individual analysis dashboards.

Only the single individual, through his/her dashboard, has the possibility to access own data, the trend of their emotional state and the behaviors observed by the other members of the community from whom they have requested feedback.
The Application contains up to 7 active areas depending on the configuration:

• Home, where you can record your own mood, view your progress over time in relation to your Team and Community, discover rankings of your most recognized or suggested behaviors. You can also send special "thank yous" in the form of badges to your colleagues at the end of each week;
  
  
• Interactions, where you can create, evaluate and review the quality of "interactions" (events, meetings, SALs, brainstorms...) you have had with colleagues;
  
  
• Energy, where you can review the energy levels (state of mind) you have had over time by being able to also analyze details and reasons for them and also being able to review the states of mind that colleagues wanted to share with us;
  
  
• Skills, where you can request Observations and Suggestions from Community members and view the performance of your own observed behaviors of other people;
  
  
• Profile, where you can edit your profile picture and view your experience level, analyze the amount of shares you generate to and from your community, see your peer list, and scroll through the thanks (badges) sent and received by your colleagues;
  
  
• News, where you can receive news that the app or your Community has sent to inform users;
  
  
• Tips, where you can connect via chat with members of the Community.

3. Account creation and management

In order to join the Community in App, it is necessary to proceed with the activation of one's Account. Following receipt of an invitation to use the App, the user can proceed to autonomous registration and activation in the relevant community.

You are responsible for your own login credentials on Yumi and are solely responsible for all activities that occur within that account.
If you believe someone has accessed your account, please contact them immediately support@yumi.network.

At any time the User may decide to deactivate the account, for any reason, by clicking the appropriate button in the Menu section of the Home Page.
FeedbackLoop may suspend your account at any time without notice if it believes that you have violated these Terms of Use. Suspension of your account will result in termination of this Agreement, except for those provisions that will continue to apply to you and FeedbackLoop such as, for example, specific legal provisions and regulatory obligations.

4. Behavior of Community Members

Although Yumi makes every reasonable effort in order to provide Users with a respectful and useful experience through features that allow Members to manage their shared information, notifications, and overall privacy, Users acknowledge that they are solely responsible for complying with all laws, regulations, and obligations applicable to their use of the App.
In addition, when using the App, the User agrees to:

1. not sending false, misleading, harmful or fraudulent information to Yumi (particularly when creating or updating an account) or other Users;
2. not speaking or behaving in any way or posting and/or submitting any content, via the App, that is defamatory, abusive, obscene, pornographic, vulgar, offensive, out of place, violent, threatening, harassing, racist or xenophobic in nature, or with sexual connotations that contains incitement to violence, discrimination or hatred, activities that encourage or the use of illegal substances, or more generally contrary to the purposes of the App, that might violate the rights of FeedbackLoop or a third party, or that is contrary to public decency and/or public order;
3. not to engage in harassing, discriminatory and harassing behavior towards other members through the use of the App;
4. not to violate FeedbackLoop's rights and image, in particular its intellectual property rights;
5. not to open more than one Account on the App;
6. comply with these General Conditions of Use and the Privacy Policy.

5. FeedbackLoop License

FeedbackLoop grants you a personal, non-assignable, non-exclusive, revocable and non-transferable license to access and use the Platform. This license is for the sole purpose of enabling you to use the App and related benefits as provided by FeedbackLoop and permitted by these Terms of Use.

Therefore, the user agrees not to:

1. copy, modify, transmit, create derivative works from, make use of, or reproduce in any way copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the App without prior written consent from FeedbackLoop.
2. use robots, bots, spiders, crawlers, scrapers, search / retrieval applications, proxies or other manual or automatic devices, methods or processes to access, retrieve, index, "data mine" or in any way reproduce or circumvent the navigation structure or the presentation of the service or its contents.
3. use the App in any way that would interfere with, disrupt, or adversely affect the Service or the servers or networks connected to the App.
4. upload viruses or other malicious code or otherwise compromise the security of the App.
5. create headers or otherwise manipulate identifiers for the purpose of hiding the origin of any information transmitted to or through the App.
6. "process" or "duplicate" any part of the App without prior written permission from FeedbackLoop.
7. modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the App, or induce others to do so.
8. use or develop any third-party applications that interact with the App or other users' information without our written consent.
9. use, access or publish the FeedbackLoop application programming interface without our written consent.
10. probe, scan or test the vulnerability of our service or any system or network.
11. encourage or promote any activity that violates this Agreement.

FeedbackLoop may investigate and take any available legal action in response to illegal and/or unauthorized use of the App, including account suspension and/or deactivation.

You can automatically download and install updates, enhancements or new features. You can manage automatic downloading through your device settings.

6. FeedbackLoop License

For the purpose of enabling us to make available and provide our Services, you grant FeedbackLoop a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including content) that you upload, submit, store, or receive on or through our App.
The rights granted in this license are intended solely for the purpose of making available and providing our Services (e.g., for the purpose of displaying profile picture, broadcasting messages, processing statistical analysis in the other ways described in our Privacy Policy). You may revoke this license at any time by deleting your account. Generated content related to in-App activities with other users will continue to exist anonymously.

7. Account suspension, access limitation and termination

You may terminate your contractual relationship with FeedbackLoop at any time, without cost and without providing any reason.
In the event of a violation of these Terms of Use or if FeedbackLoop has actual reason to believe that this is necessary to protect its security and integrity, that of Users or third parties, or for the purpose of fraud prevention or investigation, FeedbackLoop reserves the right to:

• terminate the Terms of Use binding the User to FeedbackLoop immediately and without notice;
• restrict the User's access to and use of the App;
• temporarily or permanently suspend the account.

When necessary, the User will be informed of the application of such measure in order to allow him/her to provide explanations to FeedbackLoop. FeedbackLoop will decide, in its sole discretion, whether or not to remove the applied measures.

8. Personal data

In the context of the User's use of the App, FeedbackLoop will collect and process some of the User's personal data. By using the App and registering as a User, the User acknowledges and agrees to the processing of his/her personal data by FeedbackLoop in accordance with applicable law and the provisions set forth in the Privacy Policy.

9. Availability and functionality of the Platform

FeedbackLoop will try as much as possible to keep the App accessible constantly, every day and at all times. However, access to the App may be temporarily suspended, without notice, due to technical maintenance, migration, or upgrade, or due to interruptions or limitations related to network operation.

In addition, FeedbackLoop reserves the right to modify or suspend all or part of access to the App or its features, in its sole discretion, temporarily or permanently.

10. Changes to the Terms of Use

FeedbackLoop reserves the right to modify or update these Terms of Use. Unless otherwise specified by law, we agree to provide at least 30 days' notice of any changes, giving you an opportunity to review the revised Terms of Use before continuing to use our Platform. Changes to these Terms of Use will become effective no earlier than 30 days after notice of the planned changes. Please note that we may not provide such notice for changes that are necessary to address technical developments in our App or for changes made for legal reasons; in either case, such changes will become effective immediately. Your continued use of our App following the period of notice of planned changes will result in your acceptance of the Terms of Use as amended.
We hope that you will continue to use FeedbackLoop, but if you do not agree to the Terms of Use as amended, you must discontinue use of the App by deleting your account.

11. Limitations of liability

We will use reasonable diligence and expertise in providing our Services to you and maintaining them in a safe, secure and error-free environment, but we do not guarantee that the Services will always function without interruption, delay or imperfection. Assuming the use of reasonableness, diligence and expertise, we are indemnified in the event of: losses not caused by our violation of these Conditions or by our other actions; losses not reasonably foreseeable by us or by you at the time of signing these Terms, any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted / posted by others via our Platform and events beyond our reasonable control.

12. Applicable law - Disputes

These Terms of Use are written in the Italian language and subject to Italian law.

We attempt to provide clear rules so as to limit or hopefully avoid disputes between us and users. In the event of a dispute we encourage users to contact us in advance in order to resolve it amicably.

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Last updated 01/04/2022