ATTENTION: Please carefully review these Terms of Service and our Privacy Statement before using our Services. If you do not agree with or you are not comfortable with any aspect of any of the Terms of Service, you should immediately discontinue using our website and Services.
YoruX Terms of Service
Last updated: 08/10/2021
YoruX UAB provides personal Lucid Dreaming services that help you to raise the probability of controlling your dreams, including, services, content and support to you through our website www.yorux.com or our mobile application (the Services).
YoruX provides the Services subject to the following terms and conditions. By accessing or using the Services, you agree to be bound and abide by these Terms of Service. We request that you read these terms and the Privacy Statement carefully before accessing or using our Sites, or purchasing any products through the Site.
- 1) Definitions
- "Aggregate Information" is Personal Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information.
- “Device Information”, information such as IP address, unique identifiers (including identifiers used for advertising purposes), language settings, and general location information such as city, state, or geographic area.
- “Mobile Application”, means mobile application YoruX operated by Yorux UAB.
- “Personal Information” - any information relating to an identified or identifiable natural personal, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- "Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- "Service" or "Services” means personal Lucid Dreaming services that aim to help you to control your dreams. The Services entail a person/system that advises users, especially in matters of behaviour or belief, and include, depending on the individual user subscription, access to the YoruX public Website, mobile application, TotemX Device, back-office (such as processing payments, shipping devices to customers, creating customer accounts and authenticating logins).
- "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of YoruX Services and transmitted, whether publicly or privately, to or through YoruX.
- "Website" or “Site” means www.yorux.com.
- "Wellness Information", such as resting heart rate, heart rate variability, blood oxygen saturation level and acceleration; metadata on workouts and sleep; your physiological profile, including birthday, sex or gender identity, weight and height.
- "YoruX" or "we”, “us" or "our" or “Company”, means YoruX UAB, having its principal place of business at: Dariaus ir Girėno g. 177C, LT-02189 Vilnius, Lithuania.
- “You“ means the individual accessing or using the Website or the Services.
- 2) Acceptance of Terms
Your use of the Services (excluding any services provided by YoruX under a separate agreement) is subject to the terms of the legal agreement between you and YoruX set forth in these Terms of Service ("TOS").
For the purpose of providing the Service to you, YoruX will collect your Personal Information, in accordance with the Privacy Statement. Provision of your Personal Information is voluntary, however, YoruX may not be able to provide the Service to you if you do not submit your Personal Information, especially information related to your Wellness Information and Device Information.
You may not use the Services if you do not accept the TOS.
You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by YoruX for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that YoruX will treat your use of the Services as acceptance of the TOS from that point onwards.
Apart from these TOS, you may be subject to additional guidelines or rules specific to individual parts of the Services and such guidelines or rules will be made available to you through such Service from time to time. These guidelines or rules form part of these TOS and the agreement between you and the Company. YoruX also may offer other services from time to time that are governed by different terms of service.
- 3) Eligibility
By using the Services, you represent and warrant to us that you are:
- at least 16 years of age;
- capable of forming a binding contract with YoruX;
- agree to these Terms of Service; and
- not barred under any applicable laws from entering into contractual relationship with YoruX or from receiving Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
You agree and undertake that you shall not:
- access or use the Site for any illegal purpose or in violation of any applicable laws. You agree that you always shall access and use the Site in good faith;
- attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Site; or
- interfere with another user's utilisation and enjoyment of the Site.
- 4) Description of the Services
The Services entail a person/system that advises users, especially in matters of behaviour or belief, and include, depending on the individual user subscription, access to the YoruX public Website, mobile application, TotemX Device, back-office (such as processing payments, shipping devices to customers, creating customer accounts and authenticating logins).
Our Services address the general population, not suffering from a medical condition requiring clinical surveillance. It is strongly recommended to consult your physician before starting following your personal Lucid Dreaming guide. In either case, if you have concerns or questions about what you learn through YoruX, you should contact your physician or other health care provider.
YoruX does not provide any medical or health advice and YoruX's Services are for informational and educational use only. The Lucid Dreaming guide in no case shall be considered diagnostic or therapeutic tool and the Company does not take any responsibility for medical situation of using the Services in case your medical condition does not allow or limit to do this.
All products and Services of the Company should be used strictly in accordance with their instructions, precautions and guidelines.
YoruX does not guarantee any results for using the Services and results might vary. Lucid Dreaming guides are designed as part of a standard set of factors, which are tailored to your specific personal goals and wellness information. However, there are various factors outside our reach that may influence the results of the Services, such as your personal lifestyle, medical situation, psychological health, biophysical and other external environment, and others.
You acknowledge and agree that the Services are provided using the current state of the art research on lucid dreaming and technology available at the time of providing the Services, and are provided on an “as is” basis.
As research on lucid dreaming progresses and scientific knowledge and technology evolve, YoruX will constantly aim to innovate in order to provide the best possible experience for its users. You therefore acknowledge and agree that the form and nature of the Services which YoruX provides may change from time to time.
As part of this continuing innovation, you acknowledge and agree that YoruX may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at YoruX's sole discretion.
YoruX assumes no responsibility for the use of the Services outside the terms of these TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for obtaining required equipment and paying any fees.
You acknowledge and agree that while YoruX may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by YoruX at any time, at YoruX's discretion.
- 5) Payment
The prices payable for the Services ordered are set out in our Website. The prices of the Services may change from time to time at the YoruX‘s discretion, but changes will not affect any order YoruX has accepted previous to the change. We encourage you constantly check our prices in the Website.
By submitting an order through our Website, you are confirming that the payment details provided in your order are valid and correct.
The Services are payable with membership subscription, which includes in the members subscription fee additional application features to the ones accessible to the public for free and TotemX Device.
YoruX Services provide for three types of subscriptions:
- 6 Months
The customer can cancel the subscription anytime free of charge by contacting the Customer Care Team or can terminate your subscription to the Services in your account.
Although we make every effort to ensure that the prices featured on the Sites are correct, error may occur. If we discover an error in the price of any of the Services that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If YoruX is unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used. You will bear any bank transfer fees that may apply.
- 6) Your Representations and Warranties
By accessing YoruX Products and Services, you agree to, acknowledge, and warrant as follows:
- You understand that information you learn from YoruX is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information.
- You understand that the Services are intended for research, informational, and educational purposes only and that you should not make any decisions about your health based on the information you receive through the Service and you are strongly advised to seek the advice of your doctor, psychologist, psychiatrist or other health care provider if you have questions or concerns arising from your personalized Lucid Dreaming guide.
- You represent that you are at least sixteen (16) years of age if you use the Services,
- You are aware that some of the information or course of action provided or suggested by our Services may provoke strong emotions.
- You take responsibility for all possible consequences resulting from engaging in the Services including, but not limited to, confusion, delirium, nightmares, insomnia and hallucinations.
- You understand that all your Personal Information will be stored in YoruX databases and will be processed in accordance with the Privacy Statement.
- You agree that you have the authority, under the laws of the country in which you reside, to provide these representations.
- 7) Ordering the Service
You can place orders for the Services following the process outlined on our Website. You acknowledge that you will be under an obligation to pay under these TOS for the Services in that order.
You may check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
All orders are subject to our acceptance and stock availability. We will send you an email to confirm acceptance and you will be bound by these TOS upon us sending you a confirmation email to your email address. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
The sales confirmation page shall be conclusive evidence of a binding contract between us regarding your purchase of the Services and products, subject to our rights for cancellation. Notwithstanding the sales confirmation page, the Services and products ordered will only be delivered to you upon confirmation of the payment.
We may, at our sole and absolute discretion, decline or reject any order for whatever reasons and not be liable to any person if we decline to fulfil an order or are unable to fulfil an order for whatever reasons by sending you a notice and arranging a refund. Such may occur, for example, if we (i) have insufficient stock to deliver the TotemX Device; (ii) we do not deliver or perform the Services in your area; (ii) default payment on your part or breach of the terms and conditions contained in these TOS; (iv) any unforeseen circumstances beyond our control arise, amongst others.
Subject to the paragraph below, if we do cancel your order, we will notify you by email. In any event within thirty (30) calendar days of the date of our cancellation notice, we will credit the refund to your account after any sum deducted by us from your original payment method as soon as possible. You agree, acknowledge and confirm that we may cancel the order at our sole and absolute discretion, and you will not be entitled to seek any further amount and / or compensation from us for such cancellation.
If YoruX cancels the order because of your default in payment or your breach of the terms and conditions of these TOS, YoruX reserves the rights to recover administrative expenses and/or other losses from you or to deduct the same from the amount to be refunded.
- 8) Cancelling Your Order
If you change your mind about your order, you can cancel your order by (i) contacting our Customer Care Team within fourteen (14) calendar days from the date the products were delivered to you, by returning them in their original unopened condition together with the original undamaged box and/or packaging to address of YoruX indicated in the confirmation email. The return shipping costs are born by the user.
Any product returned to YoruX must be in its original condition, with all original labels and tags attached, and remained unopened and returned together with the original undamaged box and/or packaging with your contact details. You will not be qualified for a refund if the product returned does not comply with the abovementioned requirements.
Within seven (7) calendar days from the date of receipt of the returned product (if applicable), we will notify you whether the product returned complied with the abovementioned requirements and in the affirmative case, a refund will be arranged. Refund payment (if any) will be credited to you through your original payment method within thirty (30) calendar days from the date when the products is/are returned.
International orders paid in euros are refunded at the official exchange rate for euros effective at the time of the refund request established by the Bank of Lithuania. If a refund is issued after a change to the currency rate, customers may receive a refund amount greater or lesser than what they paid in their local currency. YoruX is not responsible for currency rate changes that occur after the order is placed.
You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order. Please refer to the Privacy Statement.
- 9) Delivery
The TotemX Device (product) will be delivered to the delivery address provided at the time you make your order. Delivery will be processed as soon as possible upon confirmation of payment. Delivery will be by way of courier or other similar services, which YoruX at its sole and absolute discretion deems appropriate.
For delivery of products to you, you may be required to clear customs, pay customs duties, taxes and / or levies, obtain certain license or apply for registration of the ordered products. When ordering from us, you may be considered importer and must comply with all the laws and requirements of the country in which you are receiving the products. Your orders may be subject to import duties, taxes and / or any additional charges for custom clearance, and such charges must be borne by you.
We assume no responsibility and should not be liable for any damages or loss arising out of or in connection with delay in delivery for whatsoever reasons, including but not limited to incorrect address, failed delivery attempt or rejection by customs, or transmission via Internet or delay or omission in processing your order.
Any failure or delay in exercising any right, power or remedy herein contained by us shall not constitute a waiver of such and any other right, power or remedy.
- 10) Risks
Risk of damage to or loss of the products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products, at the time when YoruX has tendered delivery of the products. Once products have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction. Notwithstanding delivery and the passing of risk in the products or any other applicable terms of YoruX, the property in the products shall not pass to you until YoruX has received payment in full.
If you break, damage, or lose your TotemX Device, you will be able to order a new device from us according to the price indicated on our Website, Mobile Application or as communicated to you by our Customer Care Team, which ever applicable.
- 11) Account
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if YoruX has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, YoruX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are entirely responsible for all activities that occur under your YoruX account and for preserving the confidentiality of your login and password. If you allow third parties to access YoruX’s website through your username and password, you will defend and indemnify YoruX and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify YoruX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. YoruX cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
- 12) Your Unlawful and Prohibited Use
You must not use the Services:
- for any purpose that is unlawful or prohibited by these TOS or any notices displayed on our Website;
- in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
- to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- to upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
- to impersonate any person or entity, including, but not limited to, anyone affiliated with YoruX, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- to add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to "stalk" or otherwise harass another;
- to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- to use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as genetic profile offered pursuant to the Services), or for any forensic use;
- to download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
- to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of YoruX or any other party;
- to harm minors in any way;
- to advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
- to upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
- to upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- to use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, unless explicitly permitted by YoruX;
- to engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of YoruX’s Website;
- to attempt to or actually override any security component of YoruX web services;
- to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- to violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with YoruX; or
- intentionally or unintentionally violate any applicable local, state, national or international law or any applicable regulations having the force of law.
- 13) Material Posted by Users
Other than personally identifiable information, any material, information or other communication you transmit or post to this Website will be considered nonconfidential and non-proprietary (“Material”). YoruX will have no obligations with respect to the Material. YoruX and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Material and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
You acknowledge and agree that you must assess and bear all risks associated with the use of any user content, including relyinag on the accuracy, completeness or usefulness of such user content.
- 14) Indemnity
You agree to defend and hold YoruX, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out your willful, reckless or negligent misconduct in submitting, posting or transmitting User Content through the Service; your use of the Service; your violation of the TOS; or your violation of any applicable laws or rights of another.
If you choose to provide your Wellness Information or Device Information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties—you agree to defend and hold harmless YoruX, its employees, contractors, successors, and assigns from any and all claims (unless caused by YoruX’s negligence) arising from such disclosure or use.
- 15) Reservation of Rights
YoruX reserves the right to modify, discontinue or disable the Website, mobile application or any part of the Sites at any time, either on a permanent or temporary basis.
YoruX reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the Sites and to block or prevent your future access to and use of the Sites.
- 16) Hyperlinks and the YoruX Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because YoruX has no control over such sites and resources, you acknowledge and agree that YoruX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that YoruX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Third-party content, including comments from third party users submitted to YoruX through the third party providers, do not necessarily reflect the views of YoruX.
- 17) YoruX’s Proprietary Rights
You acknowledge and agree that YoruX (or YoruX's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights, and all other forms of intellectual property rights existing in the world) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by YoruX and that you shall not disclose such information without YoruX's prior written consent. Nothing in these TOS constitutes a transfer of any intellectual property rights.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Except as expressly authorized by YoruX, you agree not to, and not to permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of YoruX and/or its suppliers. Your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by YoruX for use in accessing the Service. Any rights not expressly granted herein are reserved.
YoruX, and other YoruX logos and product and service names are trademarks of YoruX and these marks together with any other YoruX trade names, service marks, logos, domain names, and other distinctive brand features are the “YoruX Marks”. Unless stated otherwise, nothing in the TOS gives you a right to use any YoruX Marks and you agree not to display, or use in any manner, YoruX Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
All rights not expressly granted herein are reserved.
- 18) Disclaimer
To the extent permitted by law, YoruX is providing the Services and contents on its Website and Mobile Application on an ‘as-is basis’ and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites, the information, content, materials or products, included on the Sites. YoruX further does not warrant the accuracy and completeness of the materials on its Website and you should not act on any data or information posted on the Sites without first independently verifying its contents.
Website is for informational purposes only and the information contained herein should not be construed as legal, financial, tax or medical advice.
YoruX does not make any representation or warranty:
- regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Sites or the Services;
- regarding the security of any information transmitted by you or to you through the Sites and Services;
- that the Sites or the Services will be provided uninterrupted, secure or free from errors or omissions; or
- that the Sites or Services are or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file.
Although YoruX attempts to provide the Services using a commercially reasonable level of skill and care, as set out in this Clause there are certain things that we do not promise about our Services.
YoruX does not make any promises about the Services. We do not guarantee that the Services will meet your requirements, be reliable or be available when you want to access the Services, the results that may be obtained from the use of the services will be accurate or reliable and the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
Due to the inherent nature of software, the Internet, telecommunications networks, and websites, YoruX does not guarantee that the Services will be available when you want to use them, error-free or that any communications made using the Services or any information or content provided through the Services will be secure.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You are advised to back-up or store securely your content and user content.
- 19) Limitation of Liability
To the extent permitted by law, neither YoruX, its suppliers, or licensors, nor any other party involved in creating, producing, or delivering the Services will be liable for any damages of any kind arising out of or in connection with the use of the Sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
In particular and as permitted by law, you expressly acknowledge and agree that YoruX and third parties mentioned above shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YoruX has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) any action you take based on the information you receive in, through or from the Services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; (g) statements or conduct of any third party on the services; (h) incorrect or improper use of any or any goods, products or services offered by or purchased through the Sites, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable; (i) the use, inability to use, or the results of use of this site, any websites linked to this Website, or the materials or information contained at any or all such sites.
Any failure or delay in exercising any right, power or remedy herein contained by us shall not constitute a waiver of such and any other right, power or remedy.
- 20) Warranty for Hardware
Limited EU Warranty
According to the applicable law, YoruX warrants to customers within the European Union/European Economic Area that the TotemX Device (including any part thereof) will be free in all material respects from defects in materials and workmanship existing as of the date when Customer takes delivery of the TotemX Device and will otherwise conform with the contract between YoruX and you. If you discover such defects or other nonconformity and make a claim with YoruX in accordance with these TOS within the period of TWO (2) YEARS from the date when the TotemX Device was delivered to the carrier for shipment to you, we will, at upon our choice, either (a) repair the TotemX Device using either new or refurbished parts, or (b) replace the defective TotemX Device or part with a new or refurbished TotemX Device or part (the “EU Warranty”). Any replacement under this EU Warranty may be, at the option of YoruX, a new product or re-manufactured product.
This EU Warranty applies only to the TotemX Device (hardware). The EU Warranty does not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, unusual stress, improper storage (including but not limited to use in wet conditions ), repair and servicing not made or authorized by YoruX, (d) damage caused by handling, operating or using the Product outside the permitted or intended uses described in the manuals, (e) defects that are not reproducible by YoruX, (f) cosmetic damage, such as scratches, dents and broken plastic, and (g) consumables, including in particular batteries, unless damaged due to a manufacturing defect.
You may also have other rights legal rights under applicable national legislation of the members of the European Economic Area. Those rights are not affected by this EU Warrantee.
For information on EU-wide consumer laws, please visit the European Consumer Centre website at http://ec.europa.eu/consumers/ecc/contact_en.htm.
If no specific information is provided for your country, or if you have any questions about consumer laws in your country, please contact your local European Consumer Centre at http://ec.europa.eu/consumers/ecc/contact_en.htm.
Limited USA Warranty
ToruX warrants that the TotemX Device (including any part thereof) will be free in all material respects from defects in materials and workmanship, under normal and intended use as described in the applicable product documentation furnished by YoruX, for a period of ONE (1) YEAR, running from (i) in case of pre-orders, the date when the TotemX Device is delivered to the carrier for shipment to Customer, and (ii) in case of other orders, from Customer’s original date of purchase of the TotemX Device (“Warranty Period”). Within the Warranty Period, if any defect arises and you make a claim and return the product in accordance with these TOS, we will, upon our choice, either (a) repair the TotemX Device using either new or refurbished parts, or (b) replace the defective TotemX Device or part with a new or refurbished TotemX Device or part. Any replacement may be, at the option of YoruX, a new or re-manufactured
A repaired or replaced TotemX Device will be under this warranty for the rest of the Warranty Period remaining for the original TotemX Device or ninety (90) calendar days from the date of shipping the replacement or repair, whichever provides longer coverage for you.
When the TotemX Device is exchanged, any replacement item becomes your property and the replaced item becomes the property of YoruX. When a refund is given, the TotemX Device for which we provide the refund must be returned to us and it becomes property of YoruX.
- 21) Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or YoruX has a reasonable ground to suspect that you have violated the terms of these TOS, YoruX has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- 22) Governing Law and Dispute Resolution
Initial Dispute Resolution: we are available by email at [email protected] to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
These TOS, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of the Republic of Lithuania, without giving effect to any principles of conflict of laws.
Please be aware that as consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including the choice of law clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
You agree that the courts of the Republic of Lithuania shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the TOS or its subject matter or formation.
- 23) Force Majeure
We shall have no liability to you for any failure to deliver Services or TotemX Device or any delay in doing so or for any damage or defect to TotemX Device delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, the following:
- Wrong, unclear or inaccurate delivery address;
- Failure of payment to the company by the payment gateway;
- Stock out;
- Strikes, lock-outs and other industrial disputes;
- Restrictions due to epidemic, pandemic, quarantine,
- Breakdown of communication facilities, web host, internet service provider, systems or network access.
- Natural disaster such as flood, torrential rain, earthquake etc;
- Fire, explosion or accident;
- Failure or accident in maritime or river transport, postal transport or other type of transport
- Inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
- Inability to use public or private telecommunications systems;
- Governmental acts or omissions, changes in laws or regulations;
- Unexpected demand of our products due to special, seasonal promotions or marketing tactics that might increase the demand unexpectedly or put the company under sudden pressure of delivery which was not accounted for due to the short notice or lack of time for preparation;
- Delays caused by third-parties or suppliers, such as delays in the supply of raw materials or key ingredients that are used in the products, which might delay the manufacturing of the product and cause, delay in the delivery.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.
- 24) Survival of Terms
When the contractual relationship comes to an end, all of the legal rights, obligations, and liabilities that you and YoruX have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing YoruX and third party intellectual property rights) shall survive such termination.
- 25) Changes to the Terms of Service
YoruX may make changes to the TOS from time to time. When these changes are made, YoruX will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
If you do not agree with the TOS or the changes or modifications, you must immediately cease using the Sites and can always delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, YoruX will treat your use as acceptance of the updated TOS.
- 26) Miscellaneous
- Entire agreement. The TOS constitute the entire agreement between you and YoruX and govern your use of the Services, superseding any prior agreements between you and YoruX on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
- Other terms. In order to use our Services you will be asked to agree to our Privacy Statement and Informed Consent Form that also forms part of your rights and obligations with YoruX.
- Waiver. The failure of YoruX to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
- Severability Clause. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Assignment. You may not assign or delegate any rights or obligations under the agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, YoruX for any third party that assumes our rights and obligations under this agreement.
- No further legal relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and YoruX as a result of this Agreement or use of the YoruX. Website YoruX’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of YoruX’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by YoruX with respect to such use.
- Translation. These TOS may be translated to other languages. In case of inconsistency or discrepancy between the English and the translated versions, the English version shall prevail.
- 27) Contact Information
If you have any questions or comments related to the Services, please contact our Customer Care Team at:
Email: [email protected]
Name of the company: Yorux, UAB
Registration code: 305807082
Registered address: Dariaus ir Girėno g. 177C, LT-02189 Vilnius, Lithuania