Condiciones del servicio

1. Introduction

1.1. These Terms of Service (these "Terms") govern your access to and use of the Service, and constitute a legally binding agreement between the Company (as defined below) and "you" (also referred to herein as "your").

1.2. By accessing or using the Services, or by otherwise accepting these Terms of Service, you agree to be legally bound by these Terms and our Privacy Policy, which are hereby incorporated by reference. If you do not agree to these Terms or our Privacy Policy, you may not access or use the Service.

1.3. Y factor can be accessed on yfactor.app (the "Website"), Y factor's mobile applications (the "App(s)"), and any other platforms or services Y factor may offer from time to time (collectively, the "Service(s)"). The Service is a social networking service that connects individuals. The Service is NOT a fertility, egg donor or sperm donor service, and it does NOT offer legal advice relating to co-parenting or custody arrangements and related rights and claims. The Service and the Company do not and will not handle human cells, human tissues, sperm, or any other human tissue-based product.

1.4. The operation of the Service is handled by Y factor ApS, ("Y factor" or the "Company"), a Denmark company with CVR-number CVR 44690934 and located at Suomisvej 4, 1927 Frederiksberg C, Denmark.

1.5. Access and use of the Service requires that each user registers an account (each, a "User"). By registering as a User or otherwise using the Service, you accept and agree to these Terms and the Company's Privacy Policy in full without limitation, which is a condition to register an account. This includes consent to the processing of personal data, including sensitive data such as health information, in accordance with the GDPR and applicable laws and regulations. By using the Service, you confirm to have read, understood, and agree to these Terms and the Privacy Policy. You may withdraw your consent to data processing at any time, without affecting the lawfulness of data processing occurring before such withdrawal.

1.6. Your access and use of the Service may be subject to additional terms as disclosed and agreed to by you from time to time, when purchasing additional features, products, or services from the Company ("Additional Terms"). Any Additional Terms agreed to by you and the Company are subject to these Terms and are hereby incorporated by reference.

1.7. You agree to review and abide by the Community Guidelines when using the Service, which are hereby incorporated by reference.

1.8. To access and use the Service, each User must have a compatible smartphone with internet access. The Apps can be downloaded via the Apple App Store and Google Play Store in the regions where we offer the Services. You may access the Service from multiple devices, but may only be logged into one active session per device at a time, and may only create one User account.

1.9. The Company may, at any time and without prior notice, modify the features, functionality, design, scope, language versions, or technical specifications of the Website, Apps or Service in its sole discretion.

1.10. While we strive to ensure the accuracy of the information presented through the Service, technical errors, calculation inaccuracies, or data discrepancies may occur. Use of the Service is solely at your own risk, and you agree that the Company shall not be liable for any direct or indirect loss resulting from reliance on inaccurate or incomplete information provided via the Service.

1.11. The Company reserves the right to modify these Terms at any time in its sole discretion. Updated terms will be posted on this page with an updated effective date. You may also be notified of significant changes via the Apps, e-mail, or other means, however you are responsible for regularly checking this page for any changes. Continued use of the Service after updates to these Terms constitutes your acceptance of any changes, and as a result, you will be legally bound to any updated Terms.

2. Eligibility

2.1. As a User, you register on the App to connect with other Users ("Members"). Each User who creates an account has the sole right of disposition of that account.

2.2. Registration is done by i) providing your full name, a valid email and password, and any other requested or provided information, or ii) via third-party services (e.g., Apple, Google). You remain fully responsible for maintaining accurate account details and contact data, and securing login credentials, including those used via third-party services.

2.3. By registering or otherwise using the Service, you represent and warrant that:

a. You are an individual (i.e., not a company or other entity) at least 18 years old and legally qualified to enter into this binding agreement.

b. You are the individual named on the account. Accounts must be created for and used by the registered individual only. Creating an account for someone else or using a false identity is prohibited.

c. You do not, and will not, have more than one account on the Service.

d. You are not prohibited by law from using the Service, you are not a registered sex offender, and you have not committed a sexual/violent crime.

e. You have not previously been removed from the Service by the Company, unless you got the Company's express written permission to return.

2.4. The Service is not directed at, nor intended for use by, minors under the age of 18. By using the Service, you represent and warrant that you are at least 18 years old. The Company does not knowingly collect or process personal data from individuals under 18 years of age. Any account suspected to belong to a minor may be suspended or permanently removed without notice. The participation of minors is strictly prohibited.

2.5. Your eligibility to use the Service is dependent on you providing accurate information, and your compliance with the requirements set forth in these Terms and all applicable laws and regulations. The Company reserves the right to suspend or terminate accounts, including duplicate accounts, for any reason in its sole discretion. The Company reserves the right to request background or identity verification to ensure compliance with these Terms and applicable laws.

3. Content and Conduct

3.1. To maintain a safe and respectful environment, you agree to use the Service responsibly and in compliance with these Terms, our Community Guidelines, and all applicable laws and regulations, including but not limited to those on data protection, intellectual property, and unlawful discrimination.

3.2. You are able to upload or transmit, and you are solely responsible for, content provided while using the Service, including but not limited to photos, text, data and other content, even if suggested by the Service ("Your User Content"). This includes but is not limited to the upload of photos, data, preferences, text, and interactions with other users in the form of likes and chats.

3.3. Your User Content and use of the Service must comply with the following:

a. Be accurate and truthful. False or misleading content about you, your intentions and preferences, or about others is not allowed on the Service.

b. Contact or financial information is not allowed on your User profile.

c. Be respectful of the privacy, rights, and dignity of others, including but not limited to other Users, the Company, other people, and other companies. Content that infringes others' rights (including privacy and intellectual property), is defamatory, illegal, or harmful to other users or the Company is prohibited.

d. Content that contains nudity, pornography, sexual content, hate speech, violence, or discrimination is not allowed.

e. Content that contains commercial advertisement or promotes commercial activities is not allowed.

f. Content that promotes or encourages self-harm, dangerous activities, discrimination, hatred, illegal activities, or violent extremism is prohibited.

3.4. Your conduct and behavior on the Service must comply with the following:

a. You will not engage in any unlawful behavior, including but not limited to sex crimes, sexual abuse, and any other acts or omissions that are otherwise unlawful.

b. To the extent prohibited by law, you warrant that you will not engage in prostitution.

c. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members.

d. You shall not post on the Service, or transmit to other Users or to the Company or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.

e. You will not collect information about the Service or any users of the Service without our written consent.

f. You will not modify, frame, render, (or re-render), mirror, truncate, inject, or change any content or information contained in the Service, without our written consent.

g. You will not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Service or any portion thereof.

h. You will not access or use the Service for commercial or competitive purposes.

i. You will not impersonate another person.

j. You will not distribute viruses or other harmful computer code.

k. You will not allow any other person or entity to impersonate you to access or use your account.

l. You will not use the Service for any purpose in violation of local, state, national, or international laws.

m. You will not use the Service in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to yourself or others.

n. You will not post, distribute or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

o. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

p. You will not circumvent any measures implemented by the Company aimed at preventing violations of these Terms.

3.5. Violation of clause 3.3 or 3.4 of these Terms, or applicable laws and regulations may result in content removal, suspension or termination of your account.

3.6. You have ownership of Your User Content, but by submitting any User Content on or through the Service, you hereby grant the Company the right to review, edit, and remove such User Content for any reason in our sole discretion; and, without limiting the foregoing, you hereby grant the Company a non-exclusive, perpetual, royalty free, fully paid, worldwide license to use, copy, perform, promote, publish, distribute and display such User Content within the Service.

3.7. The license granted in this Section 3.6 shall automatically terminate upon any deletion of the User Content or the User's account, except as necessary to comply with legal obligations or enforce these Terms. Some of Your User Content, like chat history, reports of other users, and support correspondence e-mails and chats, might be kept as necessary for the Company to continue to provide its Service to other Users. When no longer needed, the Company securely deletes the User Content.

3.8. Content uploaded by other Users ("Member Content") is the property and responsibility of the User that uploaded it, including but not limited to photos, data, text, and chat. Member Content is stored by the Company and displayed on the Service at the direction of the User that uploaded it, and as otherwise authorized by these Terms.

3.9. The Company makes no warranty regarding the accuracy, completeness, or validity of any Member Content, and you must independently review and evaluate any Member Content you interact with. You assume all risk and responsibility for the accuracy, legality, or appropriateness of any Member Content you interact with or otherwise view through the Service, and the Company disclaims all liability arising from such content.

3.10. You are not allowed to use, copy, or distribute Member Content outside the Service. The Company reserves the right to terminate your account if you misuse Member Content.

3.11. All other content on the Service is owned or licensed by the Company (the "Company's Content") and protected under intellectual property laws. As a User, you receive a limited, non-exclusive, and revocable license to access the Company's Content and Service only for personal, non-commercial use related to the Service.

3.12. You must not attempt to access the Service using automated systems or extract data through scraping, crawling, or other technical means.

3.13. You agree to refrain from uploading any inappropriate content or misconduct according to these Terms, whether on or off the Services. We encourage you to report any inappropriate Member Content or misconduct by other Users directly through the "Report User" function on a user's profile. You may also contact the Company's Support team at support@yfactor.app. Reported content is reviewed in accordance with our internal moderation policy.

3.14. Suspected violation of these Terms, fraudulent activity, or security considerations may lead to your account's suspension or permanent removal from the Service. Enforcement actions may include warnings, temporary suspensions, or permanent removal or ban, and the Company retains the right to remove you and your access to the Services without warning. You may contact the Company's support team at support@yfactor.app if you believe an action was taken in error.

3.15. Owners of copyrights or their agents that believe any content on the Service infringes upon said copyrights may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to the Company. Any notices given pursuant to the DMCA shall be given to the designated agent of the Service at support@yfactor.app or via registered mail sent with return receipt to:

Y factor ApS

Attn: DMCA Compliance Agent

Suomisvej 4, 1927 Frederiksberg C, Denmark

4. Fees, Subscriptions & Payment

4.1. Access to certain basic features on the Service may be free of charge. However, key features may require payment, as specified on the Service at the time of access.

4.2. The Company offers paid subscriptions for full access to features, and may also offer products/services available for payment. Payment is offered through the Apple App Store, Google Play Store, or other payment processors inside or connected to the Service, and each User will be charged for their purchases in accordance with the terms disclosed at the time of purchase. Some payment processors may charge you sales tax, depending on where you live, which may change from time to time.

4.3. By subscribing, you accept that the Company can periodically charge the agreed amount through your selected payment provider, according to the selected subscription product.

4.4. Subscriptions are charged in advance on a recurring basis as agreed to at the time of purchase (e.g. monthly, quarterly or biannually). Subscriptions renew automatically, unless you cancel before the renewal date. You will be informed of the automatic renewal at the time of purchase, in accordance with applicable laws and regulations. Subscriptions are charged 24 hours before the current subscription period expires. This happens in order to guarantee the Service remains active to you. The new subscription period starts at the expiry of the current period.

4.5. You have the right to cancel your subscription at any time. Cancellation does not affect the current period, and you continue to have access until the end of the current period. If cancelled, the subscription will not be renewed when the current period expires.

4.6. To cancel a subscription, you must log in to your used payment processor and follow the instructions to manage or cancel the Y factor subscription, even if you have otherwise deleted your account on the Service or if you have deleted the App from your device.

a. If you subscribed on the Apple App Store using your Apple ID, cancellation is handled by Apple, not the Company. To cancel a purchase made with an Apple ID, open the Settings app on your device, click on your name and tap Subscriptions, and follow the instructions to cancel. You can also request assistance from Apple Support.

b. If you subscribed on the Google Play Store, cancellation is handled by Google, not the Company. To cancel a purchase made through the Google Play Store, visit the Google Play Store on your mobile device and navigate to Subscriptions, and follow the instructions. You can also request assistance from Google Play, as appropriate.

4.7. Prices are including VAT, if applicable. Prices are stated in the App when making the purchase and on https://yfactor.app/pricing. You agree to the payment terms provided during purchase for any paid service.

4.8. The Company reserves the right to change prices and availability of features in the subscription plans, and will notify you of any changes in advance. If you do not accept the change, you have the right to cancel your subscription before the next subscription period where the new price/feature availability applies. If you do not cancel before the end of the current period, the new subscription plan will be charged, and the subscription will be extended for the next period.

4.9. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction require refunds. The Subscription is binding from the moment you purchase such, and you are from thereon obligated to pay the full amount for any binding period according to the selected subscription. The binding subscription period is defined as the period selected at the time of purchase (e.g., 1 month, 3 months, 6 months), and you are obligated to pay the full amount for that period, regardless of usage.

a. If you are an EU/EEA/UK/Swiss resident, law dictates that you have 14 days from purchase to withdraw and receive a full refund, unless you have started using the Service during that period. In this case, partial charges may apply according to how many days it has been used. After the 14 days, purchases are non-refundable unless required by law.

b. If you are an Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin resident, you may have a right to cancel under applicable law. You may cancel the subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund, described below.

c. If you wish to use your right to withdraw or right to cancel, you need to contact customer service and inform us about the withdrawal/cancellation. Customer service can be contacted on support@yfactor.app. For purchases made through third-party platforms such as the Apple App Store or Google Play Store, all refund and cancellation requests must be directed to the relevant platform provider in accordance with their respective terms.

d. With regards to subscriptions, the right to withdraw or cancel only applies at the time of subscribing, and not for recurring payment.

4.10. The Company may offer promotional rates. These offers may vary based on factors like subscription duration, location, or account history. Promotional pricing is subject to specific terms communicated at the time of the offer and may not be combined with other discounts. The Company reserves the right to revoke or change promotional terms at any time.

4.11. The Company may offer promotional rates. These offers may vary based on factors like subscription duration, location, or account history. Promotional pricing is subject to specific terms communicated at the time of the offer and may not be combined with other discounts. The Company reserves the right to revoke or change promotional terms at any time.

4.12. Payments are securely handled by third-party providers. You are responsible for ensuring that your payment details are accurate and up to date. If your payment is rejected, due to a blocked or new payment card or any other reason that results in the payment being unable to be processed, your subscription and access to paid features will be deactivated until the payment is processed.

4.13. The Company may suspend or cancel subscriptions in cases of fraud, misuse, or breach of these Terms or our Community Guidelines.

5. Privacy and Personal Data

5.1. The Company collects and processes personal data in accordance with GDPR and all other applicable laws and regulations, as set forth in our Privacy Policy. You agree to review and accept the Privacy Policy as a mandatory condition of using the Service.

5.2. As set forth in our Privacy Policy, the Company may share data between its affiliates in accordance with applicable law for the safety and security of the users and may take necessary actions if we believe any User has violated these Terms, including banning Users from the Services and/or the Company's affiliates' services, and/or preventing the User from creating new accounts.

6. Disclaimer and Liability

6.1. Through the Service the Company facilitates connections between Users; however, we are not involved in or responsible for any agreements, donations, or interactions between Users. The Company does not guarantee any matches, that a match will result in successfully meeting your goals, or that a User will live up to any commitments made via the Service.

6.2. You and each other User are solely responsible for your own decisions and interactions, and you assume all risks related to such. All interaction, communication, and agreements between Users, made both inside or outside the Service, are solely the responsibility of those Users, and the Company is not a party to any agreements between Users.

6.3. You cannot hold the Company liable for the outcomes of agreements with other Users, including but not limited to medical, legal, parenting, or psychological consequences, and contact or lack thereof. The Company does not mediate or resolve disputes between Users and encourages Users to seek independent resolution.

6.4. In cases where a User has made a commitment but subsequently declines to honor such commitment, or, if the User chooses not to pursue a commitment following initial contact, you assume all risk and agree the Company shall not be held liable or responsible for such decisions.

6.5. The Company does not provide legal, medical, parenting or professional advice of any kind. Each User is solely responsible for seeking independent medical, legal, parenting or professional advice where needed.

6.6. The Company shall not be held liable for any failure or delay caused by circumstances beyond its reasonable control.

6.7. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE VERIFY USERS OF THE SERVICE IN ANY WAY. The Service is limited to facilitating introductions between individuals. We strongly recommend that, if you find or are connected with another individual, you should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires, tests, or communications through the Service are based solely upon information submitted by other Users of the Service, and we make no guarantees as to its correctness, completeness, or accuracy of such user-submitted information, and we cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information and individuals they interact with. Each User is solely responsible for the accuracy, legality, currency and compliance of its own content and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

6.8. Although each User must agree to these Terms, we cannot guarantee that each User is at least the required minimum age, the accuracy or legitimacy of any content or communication, or other use or access of the Service by persons in violation of the Terms. It is also possible that other Users (including unauthorized users) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the Service. These individuals may use your information for purposes other than what you intended. You alone, and not the Company, are solely responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

6.9. Although we attempt to maintain the integrity and accuracy of the information on the Service, we provide the Services on an "as is" basis and make no guarantees as to its correctness, completeness, or accuracy. The Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Service by third parties without our knowledge. If you believe that information found on the Service is inaccurate or unauthorized, please inform us by contacting us at support@yfactor.app. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Further, we do not warrant that your use of the Service will be secure, uninterrupted, always available or error-free, or that the Service will meet your requirements or that any defects in the Service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.

6.10. You agree that the Company has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Service. You acknowledge that features, parameters, and Services may change at any time. You acknowledge that we reserve the right to sign out, terminate, or delete your account from the Service.

7. Limitation of Liability & Indemnification

7.1. Under no circumstances will the Company or any of its agents, affiliates, or subsidiaries be liable to you or any third party for any indirect, punitive, incidental, intangible, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill or reputation, use, data loss or corruption, reduction in value or business opportunity, or other intangible property. These damages might arise from or relate to any access or use of, or inability to access or use, the Website, Apps or Services. The Company will not be responsible for any damage, loss, or injury from hacking, tampering, or other unauthorized access or use of the Website, Apps or Services. This applies whether the damages are based in contract, tort, negligence, strict liability, or otherwise, and even if the Company or its representatives were advised of, knew, or should have known about the possibility of such damages. The Company shall not be liable for responsible for any:

a. errors, mistakes, or inaccuracies;

b. personal injury or property damage of any kind resulting from access or use of the site or services;

c. unauthorized access or use of any secure server or database under the Company's control, or the use of any information or data stored there;

d. interruption or cessation of functions related to the site or services;

e. bugs, viruses, trojan horses, or similar items that may be transmitted;

f. medical, legal, parenting, or psychological consequences;

g. errors or omissions in, or loss or damage from, any content made available; and

h. defamatory, offensive, or illegal conduct by any third party.

The Company will not be liable under any circumstances for damages arising from or related to third-party services, software, products, data, and/or information offered or provided by third parties and accessed through the site, services, or any blockchain. In no event will the total liability of the Company, its affiliates, subsidiaries, agents, and licensors for any damages (other than as required by applicable law) exceed one hundred Euros (€100.00) or its equivalent in the local currency of the applicable jurisdiction. You acknowledge and agree that these limitations of liability are fundamental elements of the agreement between the Company and you. This section will not apply to the extent prohibited by law.

7.2. You agree to release, hold harmless, defend, and indemnify the Company, its affiliates, subsidiaries, and their respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives, including any successors and assigns (collectively, the "Company Parties"), from and against all claims, damages, obligations, losses, liabilities, costs, and expenses of every kind (including reasonable attorney's fees). These may arise from or relate to:

a. Your access and use of the Services;

b. Your violation of any term or condition of this agreement, any third-party right, or any applicable law, rule, or regulation;

c. Any other party's access and use of the Services with your assistance or using any device or account you own or control; and

d. Any dispute between you and

    i. The Company or any other User of the Services, or

    ii. Any of your own customers or users.

The Company will notify you of any such claim, suit, or proceeding. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with any reasonable requests to assist in the defense. You may not settle or compromise any claim against any Company Party without the Company's written consent. You expressly agree that you assume all risks related to your access and use of the Services. You further waive and release the Company from any and all liability, claims, causes of action, or damages arising from or relating to your use of the Services. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which states: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

8. Termination

8.1. You may terminate your account at any time through the app. The Company may suspend or terminate your account for breach of these Terms, including but not limited to misuse of Member Content, fraudulent behavior, or violation of applicable laws, illegal activity or at the Company's discretion.

8.2. Because the Service can be used without a subscription, cancelling your subscription does not remove your profile from the Service. If you wish to fully delete your account, you must delete your account through the Delete feature in the app.

9. Accessibility

9.1. We are committed to ensuring that our Service, including the Website and Apps, is accessible to all individuals, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable laws. We strive to meet or exceed the accessibility guidelines and standards.

9.2. If you encounter any accessibility barriers while using our Service, or if you need assistance accessing any content, features, or functionality, please contact us at support@yfactor.app, and provide details about the issue, including the web page or app section involved, and we will work to resolve it promptly. We welcome your feedback to help us improve accessibility.

9.3. Alternative formats for our content may be available upon request. We regularly review and update our accessibility practices to address any known limitations.

10. Additional Terms

10.1. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

10.2. Terms Specific to Apple Mobile Devices - If you access or use our App on an Apple mobile device, these additional terms apply and are incorporated into these Terms:

i. These Terms are between you and the Company; Apple, Inc. ("Apple") is not a party except as a third-party beneficiary as noted below.

ii. The license to use the Services herein is limited, non-transferable, and subject to Apple's App Store Terms of Service (at www.apple.com/legal/itunes/us/terms.html). It applies to Apple-branded products you own or control, except via Family Sharing or volume purchasing.

iii. The Company, not Apple, provides the App and its content.

iv. The Company is solely responsible for any maintenance and support (offered at its discretion). Apple has no such obligation.

v. The Company, not Apple, handles claims related to the App or its use, including product liability, regulatory non-conformance, and consumer protection.

vi. The Company, not Apple, is responsible for investigating, defending, settling, or discharging intellectual property infringement claims related to the App.

vii. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

viii. Comply with applicable third-party terms when using the App. Do not use it on jailbroken devices.

ix. To the extent any warranty applies and has not been disclaimed, the Company (not Apple) is responsible. If the App fails such warranty, notify Apple for a purchase price refund (if any). Apple has no other warranty obligations; other claims are the Company's responsibility.

10.3. Terms Specific to Android Mobile Devices - These terms apply if you downloaded the App via Google Play Store and are incorporated into these Terms. The license to use the Services herein is limited to access via Google Play Store, except for family groups. These Terms are between you and the Company; Google is not a party and provides no support. If these Terms conflict with Google's Developer Distribution Agreement (at https://play.google.com/about/developer-distribution-agreement.html), Google's terms prevail to the extent of the conflict.

11. Governing Law & Dispute Resolution

11.1. These Terms are governed by Danish law. Any dispute shall be subject to Danish law regardless of the fact that international choice of law rules may give rise to another choice of law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Denmark; provided, however, in any case where venue in Denmark is determined by a court with appropriate jurisdiction to be unenforceable, the dispute shall be subject to the exclusive jurisdiction of the state and federal courts of Florida, USA, and you hereby waive any right to challenge or dispute the governing venue.

12. Contact

12.1. For questions or concerns, contact: support@yfactor.app