These general terms of use ("Terms and Conditions") apply to the mobile application "RYB", available on Google Play, for Android systems, or on the App Store, for iOS systems, (hereinafter the "Application"). The App is provided by FORMULA ADEQUADA UNIPESSOAL, LDA, with registered office at Urbanização serra e mar, Lote 36 - Cabeço do Estevão, 8500-169 Mexilhoeira Grande, with the single legal person number 518085198 (hereinafter the "RYB"). By using the App, you agree to and fully accept these Terms and Conditions and are legally bound by them.
The purpose of the Terms and Conditions is to regulate the operation of the Application and its use by users ("Users").
The App is intended for all RYB customers and potential customers aged 18 or over and offers Users the possibility of renting or making available for rent luxury wallets (the "Services").
By accessing the App and voluntarily creating a profile, all Users expressly and unequivocally declare that they are aware of the content and agree to these Terms and Conditions, as well as the Personal Data Protection and Privacy Policy.
Users must download the App from Google Play or the Apple Store. With regard to software made available for use in connection with another platform, the User acknowledges that these Terms and Conditions are concluded between them and RYB and not with other platforms. The requirements for Android and iOS systems (and other systems on which the mobile application may be made available) may change from time to time, and the User must download all updates to continue using the Application and accept any and all updates to the Application. The App may also automatically make updates, install improvements, or new features. If you do not wish to do so, you must configure your device settings accordingly.
The following requirements are a mandatory condition for using the App:
The User must guarantee that all the data relating to their identity and legitimacy provided in the Application's registration form is true, accurate and complete, and the User must update their data if it changes.
If a User provides false, inaccurate or incomplete information, or if RYB considers that there are reasonable grounds to doubt the truthfulness, accuracy or completeness of that information, RYB may deny that User access to and use, now or in the future, of the App or its content and/or services.
Users undertake not to disclose their account data or allow third parties to access it. Users shall be solely responsible for any use of this data that may be made by third parties, including any statements and/or content made available on the Application or any other action carried out using their usemame and/or password.
You will be the sole owner of the content you make available on the App. In addition, by registering for the App and agreeing to these Terms and Conditions, the User grants RYB a worldwide, irrevocable, transferable and royalty-free license, with the right to sublicense, to use, copy, modify, produce derivative works, distribute, publish and exploit, in the manner that RYB deems most appropriate, with or without the need for additional communication to the User and without RYB having to pay any amount for such uses.
If the information submitted proves to be false, incomplete or out of date, or contains offensive words, RYB may prevent the User from accessing the Application and any of its features. RYB also reserves the right, at any time, to require Users to verify the personal data they have provided.
In the event of registration, the User will receive an email with a verification link and must click on this link to complete registration. If the User does not click on the link, it will not be possible to complete the registration. If it is confirmed that the identity corresponds to the User, the account will be created and a new confirmation email will be sent.
RYB guarantees that it is in a legitimate and lawful position to market and supply the Application.
Neither RYB nor any entity subcontracted by it in connection with the Application shall be liable for direct or indirect loss of profits or damages for loss of business, loss of profits, special, indirect, consequential, exemplary or incidental damages, including loss of data or personal injury or property damage related to or arising out of the Application. Nothing in this clause is intended to limit RYB's liability for damages to the extent that they are caused by its own gross negligence or willful misconduct. In addition, nothing in this clause is intended to limit or alter the User's rights as a consumer that may not be restricted or altered under applicable law. RYB reserves all legal rights to recover damages or other compensation under these terms and conditions or as permitted by law.
RYB shall not be liable in any way, including but not limited to (i) any failures or interruptions in the operation of the Application and the inability to access the Application; (ii) any damage that may arise from a malfunction of the Application and the inability to access the Application; (iii) any damage that may arise from a malfunction of the Application, whether due to computer failure, viruses, trojan horses, worms, logic bombs or anything else that causes interference with the Application.
The User is responsible for the devices, software and services required to use the Application. RYB does not guarantee that the App will work on a specific device or with specific software. The costs, fees and taxes associated with the messages and data to use the App are also the responsibility of the User. The User may only use the App via devices that are their own or under their control and using exclusively the authorized operating system (e.g. Apple iPhone OS for Apple devices).
RYB provides the Application "as is", i.e. as is and without any warranties of any kind, express or implied. RYB makes no warranties of merchantability or fitness for a particular purpose. RYB does not warrant or make any representations that the App is accurate, reliable, uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. The User assumes full responsibility for their use of the Application. Your sole remedy to RYB based on dissatisfaction with the App is to cease using it. This limitation of liability is part of the agreement between the parties.
The App may connect you to third-party websites, downloadable materials, content, social networks or other digital services (collectively, "Third-Party Services") or allow you to use them. These Third Party Services may have their own terms and conditions and/or privacy policies among other applicable documentation that you should review and understand before using them.
RYB and any entities subcontracted by you in connection with the Application shall have no liability for any breach of these Terms and Conditions by RYB caused by or in connection with events beyond RYB's reasonable control (force majeure). In the event of such an event, RYB's obligations under these Terms and Conditions shall be suspended for so long as the event continues.
RYB reserves the right to suspend for a period to be designated by it, to cancel, at its discretion and whenever it deems it necessary, to the extent permitted by law, the account of Users who violate, or in relation to whom there is a suspicion of violation, present or future, of any of the obligations arising from these Terms and Conditions, namely, in the event of false information provided by the User, or applicable legislation. RYB also reserves the right to take legal action if it deems it necessary.
If any illegal or fraudulent activity occurs, or any external factor beyond RYB's control affects the proper functioning of the App, RYB reserves the right to change, shorten, suspend or cancel the App. In such circumstances, Users shall not be entitled to any compensation or explanation whatsoever.
RYB provides access to the Application, without prejudice to the possibility that it may be suspended, limited or interrupted at any time, in particular to enable recovery, maintenance or the introduction of new features or services. RYB will use its best efforts to restore access as soon as possible.
Users may cancel their registration in the Application by accessing the Customer Area.
Subject to the User's acceptance of these Terms and Conditions, RYB offers the User a limited, nonexclusive, non-sublicensable, revocable and non-transferable license for: (i) personal and non-commercial use; and (ii) to access and use the Application on their personal equipment, solely for the purposes described in these Terms and Conditions. Any rights not expressly granted in these Terms and Conditions are reserved to RYB.
All rights to the App are and remain the property of RYB or its licensors. Neither these Terms and Conditions nor the use of the App by the User grants the User any rights: (i) on or related to the App, with the exception of the limited license granted above; or (ii) to use or in any way refer to the corporate names of RYB, the entities belonging to RYB or, where applicable, its licensors, its logos, products and service designations, trademarks or other distinctive elements owned by RYB.
The User is not authorized to: (i) remove any copyright, trademark or other proprietary notices; (ii) reproduce, modify, make derivative works of, destroy, license, rent, sell, resell, transfer, publicly display or perform, transmit, reproduce, broadcast, or otherwise exploit the App, except to the extent expressly permitted by RYB; (iii) decompile, reverse engineer or disassemble the App, except to the extent permitted by applicable law; (iv) create links to or reproduce through frames any part of the App; (v) create or launch any programs or scripts to capture, index, collect or otherwise extract data from any part of the App or unduly burden or disable the operation and/or functionality of the App; or (vi) attempt to gain unauthorized access to or impair any aspect of the App or its systems or networks.
All rights are reserved. The App and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and/or other forms of intellectual property rights (hereinafter "Material"), are the property of RYB or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties relating to Intellectual Property Rights. None of the provisions of the Terms and Conditions and/or the content contained in the App may be construed as implicitly conferring, accepting or in any way licensing the right to use any Material by any means, without the prior written consent of RYB or the third party owner of the Material or of the intellectual property rights published in the App. The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of an identical nature, is prohibited.
The user may, however, view and display the content of the Application and/or the Material on a computer screen, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such content for their personal and non-commercial use, but must keep all information relating to intellectual property rights.
Access to the Application does not give the user any rights over the content provided by RYB.
Users are advised to read and review the Personal Data and Privacy Policy, which forms an integral part of these Terms and Conditions, to understand how the App collects and uses their personal data and for what purposes.
Users are advised to read and review the Rental Terms and Conditions, which forms an integral part of these Terms and Conditions, to understand if they wish to rent or make available for rent the wallets through the App.
In the event of a situation not provided for in these Terms and Conditions, RYB will interpret them in accordance with the rules set out in these Terms and Conditions, and reserves the right to make any changes to them without prior notice, in the event of force majeure.
RYB cannot be held liable for non-compliance or defective compliance with these Terms and Conditions if such non-compliance or defective compliance arises from facts or circumstances that are not under the control or control of the parties, such as disruptions in telecommunications platforms and access to them, computer errors, power shortages and/or fluctuations, state of war, serious change in public order, epidemics, pandemics, serious accident on the premises or with the equipment of any of the parties, earthquakes, explosions, fires, floods, sabotage, strikes not called by the parties and/or orders issued by any judicial or administrative authority.
Cases not provided for in these Terms and Conditions shall be resolved by RYB by the provision it would create if it had to regulate the case in the context of these Terms and Conditions.
Should any of the clauses of these General Terms and Conditions be deemed null and void, such provision shall be deemed not to form part thereof. Such declaration of invalidity shall not imply the invalidity of the remaining clauses of these Terms and Conditions, which shall remain valid and binding on Users.
RYB also reserves the right to amend these Terms and Conditions in any way at any time. Whenever changes are made to the applicable Terms and Conditions, the User will be presented with a notice informing them of this fact when they access the Application. The changes will also be sent to the email address provided by the User.
There may be situations in which it is necessary to accept new Terms and Conditions or loyalty program regulations to be launched within the scope of the Application. In these cases, if the User does not accept these changes, they will no longer be able to access and use the App. Changes to the Terms and Conditions will not apply retroactively and will come into force on the day they are published.
There may also be situations in which it will be necessary for Users to accept the regulations of loyalty programs to be launched within the scope of the Application.
These Terms and Conditions are governed by Portuguese law. If no agreement is reached on any dispute arising from the interpretation or execution of the Terms and Conditions, the dispute shall be submitted to the courts of the District of Lisbon, expressly waiving any other.