Websites www.yarvyn.com, support.yarvyn.com and app.yarvyn.com are operated by Diribet spol. s r.o. and referenced as “Site” within this document. In analogy, the terms “we”, “us” and “our” refer to Diribet spol. s r.o. and the terms “Terms of service”, “Terms”, “T&C” and “Terms of Use” refer to this document Terms and Conditions. Please read these terms and conditions of use carefully before accessing, subscribing to, using or obtaining any information, products or services of the Site (“Service”). By accessing the Site, you agree to be bound by these T&C and our Privacy Policy
Any new features or tools which are added to the current application (Site) shall also be subject to the T&C. You can review the most current version of the T&C at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. We will notify you about any changes to the T&C, so far you have an active Subscription to our Service at the moment of the change announcement. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
You agree not to reproduce, duplicate, copy, distribute, publicly display or perform or exploit any portion of the Site or the Service provided by it, use of the Site, or access to the Site without express written permission by us.
You may not make any modifications to the Site or interfere with or circumvent any feature of the Site, including any security or access control mechanism.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Subject to your complete and ongoing compliance with these T&C, Diribet grants you limited, non-transferable, non-sublicensable, revocable permission to access the Site and use its information and Services for your internal use at the level of service for which you have paid all applicable fees.
You may use any information displayed on the Site and accessible to not-registered users for your internal purposes free of charge.
In order to use the Services of the Yarvyn software, you have to register (to “sign-up”) to one of the Subscription Plans offered by Yarvyn. Such plans have different amount of Services included and three substantial commercial parameters: (a) price for a billing unit (billing unit being always one individual account per month), (b) subscription period comprising a possible rabat and (c) minimal number of accounts.
Currently, subscription periods of one month and one year are offered, for the year period you are obliged to pay the price of 10 billing units per account for the usage in 12 months of the year (rabat). The fee for a subscription period is to be paid in advance and is not refundable (for exceptions see the chapter “Handling of an extraordinary account termination”). If not cancelled within a due period of time, each subscription will automatically be renewed and charged for the consequent subscription period.
We will bill the subscription fee to the payment method you provide us to during the registration (or to a different payment method if you change your payment information).
The amount of Service offered in each type of subscription plan, its price per billing unit and its minimal number of accounts to be paid for are stated in the current Price List of Yarvyn.
The subscription billing date is the date the first or the consequent Subscription Period starts. The corresponding fee will be charged to your account on or before this date. To avoid this automatic charge (and prolongation of the subscription) you have to terminate your subscription within a due period of time. You can do so either using the Site or through contacting our support. The deadline for this possibility is a fortnight before the next subscription billing date.
We are entitled to change our Price List and our Terms and Conditions at any time. The change will not apply to any subscription period active, as well as to subscriptions already locked for automatic prolongation or having less than 14 days to reach the next cancelation deadline at the time of the change announcement.
After your subscription has been cancelled in the way described above, you may use the services in a usual way till the end of the (then last) subscription period. Then your account will be disabled. It means effectively that you are not able to log in for the Service any more. Nevertheless, any your data stored within the Site at the moment of disabling the account (both personal data and the data you have entered to be processed by the Service and the results of such processing) will remain stored. During the period of three months after the moment of disabling, you can withdraw your cancelation by contacting our support team. Your subscription will then be restored in the original status and you will be charged as if the Service had not been interrupted.
When this point of time (i.e. three months after disabling the account) is reached for an account still disabled, this account will be irrevocably terminated, and your data lost for you.
This data will be physically deleted from our systems by the next regular housekeeping run, at the latest three months after account termination.
Nevertheless, you are entitled to demand an instant deleting of all your data any time after having cancelled your subscription. To do so, please contact our support team. If you act in that way, the subscription renewal described above is impossible, of course.
You may require an instant termination of your account including the deletion of all your data and reimbursement of the charges already paid for the remaining portion of the billing period at pro rata basis, if either we have materially breached this T&C and failed to cure that breach within 30 days after you have so notified us in writing, or a termination right and refund are required by law.
We can instantly disable your account, if you have materially breached this T&C. In case you fail to pay the invoiced charge by the due date, your account will be disabled after 2 weeks without any remedy action by you.
We may terminate your subscription and your account for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing period.
You are responsible for your conduct while using the Site. You must comply with the following requirements when using the Site and/or its Services:
We are doing our best to provide you with a highly available Service in a state-of-the-art quality. Nevertheless, you expressly acknowledge and agree that use of the Service you subscribe to is at your sole risk. To the maximum extent permitted by applicable law, the Services of Yarvyn are provided “as is” and “as available” with all faults and without warranty of any kind. No oral or written information or advice given by us shall create a warranty.
To the extent permitted by applicable law, the aggregate liability of each of Diribet spol. s r.o., its affiliates, officers, employees and agents arising out of or in connection with the Services and this Terms and Conditions will not exceed the lesser of: (a) the amounts paid by you as a subscription to Yarvyn Services at issue during the 6 months prior to the event giving rise to the liability; and (b) 500,00 €.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals (including, but not limited to, any prior versions of the Terms and Conditions). Nevertheless, there may be an explicit dispense of this provision by a written contract between a large-account customer of us and Diribet spol. s r.o.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you Yarvyn Services shall be governed by and construed in accordance with the laws of Czech Republic. Both parties submit to the jurisdiction of the respective courts of Czech Republic.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions; such determination shall not affect the validity and enforceability of any other remaining provisions.