Yokit Licence Agreement and Terms of Use – WEBAPP
PLEASE READ THESE TERMS CAREFULLY
BY MAKING AN ACCOUNT ON OUR WEBSITE YOU AGREE TO THESE TERMS WHICH WILL BIND YOU, INCLUDING THE SUBSCRIPTION TERMS AT CLAUSE 4.1. IF YOU DO NOT ACCEPT THESE TERMS, DO NOTMAKE AN ACCOUNT ON OUR WEBSITE
- What’s in these Terms?
These Terms of Use (the Terms) tell you the rules for using our website application found at yokit.co.uk and named ‘Yokit’ (the Webapp).
Please note that the Webapp has an associated mobile application system that we may refer to through these Terms (the App). Use of the App is governed by a separate set of App only terms of use that are available on download of the App.
- Privacy
- Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice, found at yokit.co.uk/privacy-policy (the Webapp Privacy Notice), and it is important that you read this information.
- As a subscriber of our Webapp (you/a Subscriber), you may process personal data related to other individuals, and must be compliant with the Webapp privacy notice. By acceptance of these Terms, you accept that a breach of any terms contained within the Webapp Privacy Notice is deemed to be a breach of these Terms.
1.2 Changes to these Terms and the Webapp
1.2.1We may amend these Terms from time to time. If we do, such modified Terms will be available via our Webapp; every time you wish to use our Webapp, please check these Terms to ensure you understand the Terms that apply at that time.
If you continue to use the Webapp, you will be confirming that you accept these updated Terms and agree to comply with them.
If you do not wish to agree to these or any updated Terms, you can delete your account by following the steps in clause 8.2.
1.2.2 We may automatically update and change the Webapp to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Webapp for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Webapp.
- Who we are and how to contact us
Yokit is a mobile application and website operated by Prozen Limited (we / us), which is a SaaS platform for farmers: their digital workspace for capturing and processing timesheets, holidays, invoices, and payroll.
We are registered in Scotland under company number SC729051 and have our registered office at Westby, 64 West High Street, Forfar, Tayside, DD8 1BJ.
We are a limited company. To contact us, please email hello@yokit.co.uk.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- Our Webapp
Our Webapp allows individuals in the agricultural industry to record work and time, and complete various accounting functions. Our Webapp currently has four key features: worklogs, invoicing, payroll report generation, and holiday tracking.
- Use of the Webapp
- Subscription Agreement
For the purposes of these Terms, the following definitions apply:
App only Users: those team members of the Subscriber who are nominated and authorised by the Subscriber to use the App;
Effective Date: the date that the Subscriber creates an account on the Webapp;
Free Trial Term: the 90 day term from the Effective Date;
Subscription: the subscription purchased by the Subscriber which entitles the Subscriber and App only Users to access and use the WebApp and App in accordance with these Terms.
Subscription Fees: the subscription fees payable by the Subscriber to us for the Subscription that we are entitled to change from time to time;
Subscription Term: a one month or twelve month period for which the Subscriber has chosen to pay the Subscription Fees in exchange for access to and use of the Webapp and the App;
Charges and Payment:
4.1.1 The Subscriber shall pay the Subscription Fees to us for the Subscription in accordance with this Clause 4.1.
4.1.2 The Subscriber shall, on the Effective Date, provide to us valid, up to date and complete credit card details and any other relevant valid, up to date and complete contact and billing details.
4.1.3 The Subscriber hereby authorises us to bill any such relevant card or billing details for the Subscription Fees payable:
i) within 5 working days of the end of the Free Trial Term for the next Subscription Term;
ii) within 5 working days of the end of a Subscription Term if the Subscriber has not closed their account in terms of clause 4.1.4;
iii) within 5 working days of the end of each Renewal Period (as defined below).
4.1.4 If the Subscriber does not close or delete its account on the Webapp, these Terms shall remain in force and the Subscriber’s use of the Webapp and the App only Users’ use of the App will be renewed for successive Subscription Terms (Renewal Period).
4.1.5 If the Subscriber closes or deletes their account during Subscription Term or during any Renewal Period, the Subscriber and the App only Users will continue to have access to and use of the Webapp and the App respectively for the period that the Subscription Fees have been paid.
The Subscription:
4.1.6Subject to the Subscriber purchasing the Subscription and complying with these Terms, we hereby grant to the Subscriber a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to permit the App only users to use the App during the Subscription Term solely for the Subscriber’s internal business operations.
4.1.7 In relation to App only Users, the Subscriber undertakes that:
(a) the maximum number of App only Users that it authorises to access and use the App shall not exceed the number team members allowable under the Subscription it has purchased from time to time;
(b) it will not allow or suffer any App only User to share an App account under the Subscription;
(c) each App only User shall keep a secure password for their use of the App, that will be changed no less frequently than once every twelve months and that each App only User shall keep their password confidential;
(d) it shall maintain a written, up to date list of current App only Users and provide such list to us within a reasonable time frame upon written request;
(e) it will not allow or suffer any App only User under its Subscription to be under the age of 16;
(f) it shall permit us to audit the Webapp and the App to establish the name and password of each App only User and the Subscriber’s data processing facilities to audit compliance with these Terms;
(g) if any of the audits referred to in clause 4.1.2(f) take place and it is found that any password has been provided to any individual that is not an App only User then the Subscriber will promptly disable such passwords and not issue to any such individual;
(h) if any of the audits referred to in clause 4.1.2(f) take place and it is found that the Subscriber has underpaid Subscription Fees to us, then the Subscriber shall pay us an amount equal to such underpayment plus an additional 8% interest payment on the total amount underpaid;
(i) it shall use all reasonable endeavours to prevent any authorised use of the App.
- Who can use the Webapp?
You must be over the age of 18 in order to use the Webapp. We reserve the right to suspend or terminate any accounts which we suspect are operated by individuals under the age of 18.
If you have been convicted of any crimes of a sexual nature, you are not permitted to use the App in any form.
If we have previously disabled your account for violation of these Terms or any other reason, you are not permitted to create another account or continue using the Webapp in any form.
- Creating an account
In order to use the Webapp, Subscribers will have to create an account on the Webapp, and have access to an internet connection. Accounts can be created using your email address.
In order for the App only Users on your Subscription to access the App, they must have access to a mobile phone and an internet connection.
- Subscribers must keep details safe
Subscribers must not disclose their password or any other piece of information as part of our security procedures to any other third party and agree to treat such information as confidential.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@yokit.co.uk.
- Subscribers are responsible for their own account
You are responsible for all activities that occur under your account, regardless of actual knowledge.
If any material or activity on your account is in breach of any of these Terms, we may suspend or terminate your account. For further information on termination, see clause 8.
- Safe and appropriate contact
Whenever you use the Webapp, you must comply with the standards set out below:.
We hold Subscribers accountable for their interactions with others on the Webapp. Subscribers are prohibited from engaging in any behaviour that intends to harm or cause emotional distress to other users. This includes verbally abusive content or repeatedly contacting another Subscriber or App only User who has expressed disinterest.
We do not tolerate any illegal activity on the Webapp.
Any credible statement of intent to commit violence against an individual, a group, or a location (city or smaller) is strictly prohibited on the Webapp.
We do not tolerate the use of the Webapp to incite violence or to encourage, coordinate, or direct others to commit violent acts. Subscribers must refrain from communicating with other users in a way that promotes or glorifies violent behaviour, including but not limited to, hate speech, terrorism, and organised criminal activity.
We will take appropriate action if we learn of any of the above behaviour is undertaken by any of our Subscribers, including, but not limited to, removing offending communication or information from the Webapp, blocking access to some or all features, suspending, terminating or disabling an account, or reporting any of the above to law enforcement if necessary.
Subscribers must be aware of their surroundings, and are responsible for their own safety and security. You agree that your use of the Webapp is at your own risk.
Subscribers must not trespass, attempt to gain access to private property, or otherwise infringe the rights of others, including engaging in activity which might result in injury, death, property damage, nuisance, or liability of any kind.
- Webapp Content
- Do not rely on information on this Webapp
Our Webapp does not contain information that is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information or content on our Webapp.
We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from your use of the Webapp or App.
- Others’ Opinions and data
This Webapp includes information and materials uploaded by other Subscribers of the Webapp. This information and these materials have not been verified or approved by us. The views expressed by other users on our Webapp do not represent our views or values.
If you become aware of any content on our Webapp which violates any of our Terms, please let us know at hello@yokit.co.uk.
- Misuse of our Webapp
- Viruses
You must not misuse our Webapp by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Webapp, the server on which our Webapp is stored or any server, computer or database connected to our Webapp. You must not attack our Webapp via a denial-of-service attack or a distributed denial-of service attack.
We will report any such acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Webapp will cease immediately.
- Impersonating Others
You do not need to use your real name or disclose your identity to us. However, you must not impersonate anyone else, living or dead, including business or companies you are not affiliated with.
- Text or data mining, or scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to any services provided via, or in relation to, our Webapp. This includes using (or permitting, authorising or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
- Feedback
- Reporting Other Subscribers Misusing the Webapp
If you become aware of any user that you consider to be acting in a manner that is in breach of these Terms, please contact us immediately on hello@yokit.co.uk. We will consider each report on its merits, and shall solely decide what action, if any, it is necessary to take. We are under no obligation to respond to your report, nor to take any action.
You must notmisuse our reporting, dispute or appeals channels, including by making fraudulent or groundless reports or appeals. We reserve our rights to suspend or terminate any account you have with us if we, in our sole opinion, consider that you are misusing our reporting, dispute or appeals channels.
- Removal of Data
We have the right to remove any posting you make on our Webapp if, in our opinion, any data, information or communication does not comply with these Terms.
You are solely responsible for securing and backing up your data, information or communications. We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from removal of content.
If you wish to contact us in relation to data, information or communications that you have uploaded to our Webapp and that we have removed, please contact hello@yokit.co.uk.
- Termination
- Compulsory Suspension and Termination
We may suspend or terminate your account at our sole discretion without notice if, at any time, in our sole discretion, you fail to comply with these Terms. Termination of any account will permanently delete the account and any related data, information or communication stored on our Webapp, as further detailed in 9.2 below.
We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from termination or suspension of any accounts.
If you wish to contact us in relation to a suspension or termination action that we have taken, please contact hello@yokit.co.uk.
- Deleting your account
If you no longer wish to have an account with us, please email hello@yokit.co.uk. Your account, including any content therein, will be permanently deleted within 30 days of us receiving your deletion request.
After you have requested deletion of your account, your account and any associated information will no longer be visible to other users. However, it will continue to be subject to these Terms, including our Privacy Notice.
To learn more about how we use and retain your information, please review our Privacy Notice.
- Inactive Accounts
We reserve the right to, in our sole discretion, delete any accounts which are inactive for over 6 months. Where practicable, we will try to provide reasonable written notice of this action in advance of deleting any accounts.
We have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Webapp, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
- Suspension or Withdrawal of our Webapp
We do not guarantee that our Webapp will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Webapp for business and operational reasons.
We will try to give you reasonable notice of any suspension or withdrawal, but we have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Webapp, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
- Intellectual Property
- Our Rights in the Webapp
We are the owner or the licensee of all intellectual property rights in our Webapp, and in the material published on our Webapp, except where such material is user-generated. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our Webapp must always be acknowledged (except where the content is user-generated).
You must not modify, translate, create derivative works of, or reverse-engineer, or attempt to do any of these things in relation to, our Webapp. If you print off, copy, download, share or repost any part of our Webapp in breach of these Terms, your right to use our Webapp will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you use content covered by intellectual property rights that we have and make available in our Webapp (for example, images, designs, videos or sounds we provide), we retain all rights to our content.
- Trade Marks
The trade mark ‘Yokit’ is our trade mark. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under these Terms.
- Our responsibility for loss or damage suffered by you
- Use of the Webapp
While we use all reasonable skill and care in providing the Webapp, we do not guarantee that our Webapp will be secure or free from bugs or viruses, nor that it will function without disruptions, delays or imperfections.
You are responsible for configuring your information technology, computer programmes and platform to access our Webapp. You should use your own virus protection software.
Subscribers are responsible for their own personal safety while using the Webapp. We are not responsible for any personal injury or property damage which is in any way related to your use of the Webapp.
As long as we have acted with reasonable skill and care, we do not accept responsibility or liability for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or damage to business, goodwill or reputation; loss of opportunity; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter; or any indirect or consequential loss or damage arising under or in connection with your use of, or inability to use, our Webapp or your use of or reliance on any content displayed on our Webapp.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Use of Subscriber Personal Information
We will only use your personal information as set out in our Privacy Notice.
You are responsible for your use of App only Users’ personal information as set out in our Webapp Privacy Notice.
- Jurisdiction
- Individuals
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England and Wales, you may also bring proceedings in England and Wales.
- Businesses
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.
- Miscellaneous
- Entire Agreement
These Terms, our Privacy Notice, and our Cookie Policy constitute the entire and exclusive understanding and agreement between us and you regarding our Webapp, and these terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding our Webapp.
- Severability
The illegality or unenforceability of any provision of these terms shall not affect the continuation or enforcement of the remainder of these Terms.
- Third Parties
These Terms do not give any rights to third parties, and you may not transfer your rights under these Terms without our consent.
- Force Majeure
Neither we nor any users shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights or provisions. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.