yutongo GmbH User Terms and Conditions

yutongo will send you automatized email notifications to keep you updated on new idea challenges, messages sent to your yutongo in-mail box and more. Please be informed that challenge owners have the right to initiate automatized email notifications upon the creation of a new idea challenge resp. new idea challenge processes. Of course, none of your private contact details will be shared with other yutongo users. You may manage your email notifications by visiting https://www.yutongo.com/preferences, please login before you visit this link. Please be informed that yutongo will not be able to perform any manual actions to delete/cancel your account (see 2.2) or edit your notifications settings.

You can cancel your account at any time by clicking on the account link in the global navigation bar at the top of the screen. If you cancel your account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

yutongo, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to the Website, and the forfeiture and relinquishment of all Content in your account. yutongo reserves the right to refuse service to anyone for any reason at any time.

yutongo is entitled to exclude any Innovator that does not provide ideas or innovations in response to the requests, that provides multiple times identical Content or that provides Contents automatically uploaded from the Internet or copied from other sources.

All of your data and Content will be immediately deleted upon termination. These data and Content cannot be recovered once your account is cancelled.

These User Terms shall be governed by and construed in accordance with Swiss law, excluding its conflicts of law rules and the Vienna Convention on the International Sales of Goods and Services. Disputes arising in connection with these User Terms shall be subject to the exclusive jurisdiction of the ordinary courts of the city of Biel, Switzerland.

If any provision or part of a provision of these User Terms is found to be invalid, that provision shall be replaced by an economically equivalent provision and the remaining provisions of these User Terms will remain in full force.

All communication of yutongo shall be deemed effective upon dispatch to the last address communicated by you to yutongo. All payments shall be deemed to be made upon payment to the last bank account communicated in yutongo’s account.

You may not transfer any of your rights or obligations under these User Terms without yutongo’s prior written consent. yutongo may transfer any of its rights or obligations under these User Terms without your prior written consent to any business that yutongo enters into a joint venture with, purchase or are sold to.

In case you are using yutongo in behalf of your employer or in behalf of your own company (recognized through your email domain you used for signup), you confirm to give yutongo the right to communicate this reference on the yutongo website. You also authorize yutongo to show your company logo for reference purposes.

Via the Website, solution seekers (“Solution Seeker(s)”) may publish idea challenges by inviting designated or undesignated individuals (“Innovator(s)”) in order to obtain ideas, solutions and/or innovations (“Content”) (Solution Seeker and/or Innovator each and together “you”). Via the Website, Innovator(s) may apply for participation in a Solution Seeker’s idea challenge. The Innovator’s application for participation represents a binding offer to conclude a contract on the provision of Content for the inviting Solution Seeker.

The Solution Seeker selects one or more Innovator(s) that shall be admitted to participate in the respective idea challenge via web interface. The decision on the admission of Innovators is at Solution Seeker’s sole discretion and not appealable. Innovator is notified by email if admitted to participate. This admission notification email represents an acceptance of the offer to conclude a contract on the provision of Content by the Solution Seeker. A binding contract on the provision of Content between the Solution Seeker and the chosen Innovator(s) is deemed to be concluded. Within the indicated completion date of the idea challenge, the admitted Innovator shall submit Content.

yutongo is not a contract party of any contract concluded between a Solution Seeker and an Innovator concerning an idea challenge. yutongo acts as an intermediary only by operating the Website.

The participation in an idea challenges may either be compensated or not. A compensation, if applicable, is defined in the published idea challenge.

You act in good faith.

You are prohibited from posting, uploading or transmitting to or from this Website any idea challenge, Content or other material that breaches any applicable local, national or international laws; which may disrupt proper website operation; is unlawful or fraudulent; amounts to unauthorised advertising or spam; infringes the intellectual property rights of another person; breaches third party personal rights; is defamatory, obscene or offensive material; promotes violence or discrimination; which has no meaning, such as consisting of sole combinations of letters or numbers that do not make sense (e.g. "asdlkfjadöfjk"), multiple repetitions ("Idea, Idea, Idea, Idea, Idea"), or similar nonsense – being a non-exhaustive list. yutongo is entitled to exclude a violator of these User Terms from further access to the Website at any time without notice. yutongo will fully co-operate with any law enforcement authorities or court order requesting or directing yutongo to disclose the identity or location of anyone violating these User Terms.

Each provider of Content is fully responsible for its activities via this Website. yutongo is not required, but always entitled, in its full discretion, to review idea challenges, Contents, other data and communications and reserves the right to remove them at any time in its full discretion.

You will indemnify yutongo for all costs and damages, including legal fees, which incur as a result of you breaching any of these rules.

The Solution Seeker represents and warrants that the published idea challenge is legal and does not violate third party rights. The Solution Seeker shall take full responsibility for the published idea challenge and undertakes to hold yutongo and the Inventor harmless from any claims made by third parties or authorities because of the published idea challenged by the Solution Seeker.

The Innovator represents and warrants that the uploaded Content is legal and does not violate third party rights. Further, the Innovator grants to have the rights to make available the Content and to transfer all rights to the Solution Seeker. In particular, the Innovator represents and warrants that all Content uploaded via the Website is original or the required rights have been obtained in advance for a free disposal of the Content by the Solution Seeker. The Innovator shall take full responsibility for uploaded Content and undertakes to hold yutongo and the Solution Seeker harmless from any claims made by third parties or authorities because of Content uploaded by Innovator.

If you have problems with the use of Website or with your contract party, the Solution Seeker or the chosen Innovator(s), you can contact yutongo’s help team through yutongo@yutongo. and yutongo will try to assist. However, the dispute resolution procedure is only applicable to idea challenges against compensation.

High quality and efficient collaborative creativity is of high importance for yutongo. Therefore yutongo asks you to provide ratings and feedback on the Website to reflect your experiences with the Website, the Solution Seeker and the chosen Innovator(s).

The Website, the underlying software and the material embodied in or published on it is owned by yutongo or its licensors and protected by copyright laws or other proprietary laws. It and may be used for explicitly permitted purposes only, all other use is prohibited.

The contract for the supply and development of ideas and innovations respectively the provision of Content is between a Solution Seeker and the chosen Innovator(s). Each Solution Seeker and Innovator is fully and solely responsible for its uploaded Content, indicated prices, personal data and communication on the Website. yutongo does neither pre-screen idea challenges nor Contents nor other communications uploaded on the Website. yutongo cannot give any warranty that the idea challenges published, Contents supplied and developed by the chosen Innovator(s) via this Website are legal, are not in conflict with laws, do not violate any third party rights, are of satisfactory quality, are realizable, are in accordance with the descriptions on the Website, the descriptions of the Solution Seeker’s idea challenge and expectations and fulfils the targeted purposes.

While yutongo tries to ensure that this Website is available twenty four (24) hours a day, yutongo is not liable for temporary unavailability of the Website, the failure of individual or all Website functions.

Unfortunately, the transmission of information via the Internet is not secure. Although yutongo takes measures to protect your data, yutongo cannot guarantee the security of your data transmitted via the Website; any transmission is at your own risk. You are also aware that any information, Content and other material posted on the Internet is not secure from unlawful third party’s access and use.

yutongo’s liability is hereby waived to the extent as permitted by law.

General

These Subscription Terms determine the rules applicable to the subscription for idea challenges via the website (“Website”) operated by yutongo GmbH, Juravorstadt 31, 2502 Biel, Switzerland (“yutongo”) in supplement to the yutongo’s User Terms. Please read these Subscription Terms and the User Terms carefully before subscribing. These Subscription Terms and the User Terms shall be deemed accepted by you upon you subscribing for idea challenges. If you refuse to accept these Subscription Terms and the User Terms, please do not subscribe for idea challenges.

yutongo may revise these Subscription Terms and the User Terms at any time. Therefore, you should check the Subscription Terms and the User Terms before each use of the Website. You will be bound by the Subscription Terms and User Terms in force at the time that you use the Website. If you refuse to accept revised terms, please discontinue the publish idea challenges via the Website.

These Subscription Terms and the User Terms for the use of the Website govern the legal relationship conclusively. Definitions in the User Terms apply also to the Subscription Terms. In case of contradictions, the Subscriber Terms supersede the User Terms.

Subscription

Subject to the chosen subscription and payment of the basic subscription fee, the Solution Seeker receives the right to perform a number of idea challenges, to manage idea challenges, to use online storage space and to advertise via the Website as described.

Basic Subscription Fee And Commission For Yutongo

yutongo is entitled to the indicated basic subscription fee plus 30% commission on top of the total compensation payable to Innovator(s), the latter only in case of idea challenges against compensation, excluding any VAT.

The Solution Seeker agrees to pay the basic subscription fee indicated on the Website for the chosen subscription. The basic subscription fee is payable monthly in advance to the account designated by yutongo. In case of delay of 14 days after the beginning of the new month/quarter, yutongo is entitled to suspend the access to the account. yutongo is entitled to amend the basic subscription fee as per the end of each calender quarter.

The 30% commission on top of the total compensation payable to Innovator(s) is payable irrespective of a Content to be found abusive and not to be compensated.

Performance Of Idea Challenge Against Compensation

At the invitation of an ideal challenge, the Solution Seeker indicates the offered compensation per Inventor, the maximum number of admitted Inventors as well as the completion date.

Before the idea challenge is enabled, the Solution Seeker Customer must have transferred the total amount payable (offered compensation per Innovator multiplied by the maximum number of admitted Innovators plus 30% commission on top for yutongo) to an account of PayPal and initiates a pre-approval process with PayPal. The amount remains blocked until the idea challenge is completed plus 48 hours. Thereafter, PayPal pays off the indicated compensation to the Innovators, that have participated the idea challenge, and the 30% commission to yutongo, subject to no dispute pursuant to section 3 of the User Terms.

PayPal is an independent company from yutongo for payment processing, to whose website the Solution Seeker is redirected after preparing an idea challenge against compensation via the Website.

yutongo is a month-to-month payment subscription, pay-as-you-go service so we don’t provide refunds. You are billed every 30 days for the service. You can cancel the service at any time and you won’t be charged again, but you are responsible for any charges already incurred.

Compensations for Innovators, if applicable, are quoted in the idea challenge published on the Website.

48 hours after the completion of the idea challenge, an offered compensation is paid to each Innovator that has participated in the idea challenge by transferring the compensation to the Innovator’s bank account indicated in the Innovator’s yutongo account, subject to no dispute.

In the event that a Solution Seeker assesses Content provided by a chosen Innovator to be abusive, the Solution Seeker may click on the “Dispute”-button on the Website before the expiry of 48 hours of the completion date of the idea challenge. In such case, the payment reserved for the Innovator of the questioned Content is put on hold until a decision of yutongo is taken or a settlement between the Solution Seeker and the respective Innovator is found. Yutongo screens the idea challenge and the Content at issue and takes a final and binding decision, which is herewith accepted by you and non-appealable.

a) either the participation of the Innovator is performed correctly and decides: No valid dispute, payment process continues; or

b) participation was abusive and decides: compensation is not payable and the respective Innovator’s compensation is refunded to the Solution Seeker; or

c) or the situation is unclear: yutongo contacts both parties to hear arguments and, if no settlement between the Solution Seeker and the respective Innovator is found, takes a decision pursuant to a) or b) above.

The dispute procedure does not serve as quality control, but to prevent abuse. In any event, yutongo is not liable for any loss of income, damage or refunds sought.

The Solution Seeker must compensate an admitted Innovator that has provided content, even if the Content provided does not comply with the requirements of the idea challenge, does not meet the Solution Seeker’s expectations or targeted purpose, lacks correct spelling or is claimed not to be original. The Solution Seeker is granted access to the ratings about Innovators and is solely and fully responsible for the selection of the admitted Innovators. The Solution Seeker is entitled to file a complaint if the Innovator has violated the Rules of Conduct pursuant to the User Terms or if the Innovator has obviously provided Content copied text from the Internet or just provided brainstorming content.

The Solution Seeker must compensate an admitted Innovator that has provided content, even if the Content provided does not comply with the requirements of the idea challenge, does not meet the Solution Seeker’s expectations or targeted purpose, lacks correct spelling or is claimed not to be original. The Solution Seeker is granted access to the ratings about Innovators and is solely and fully responsible for the selection of the admitted Innovators. The Solution Seeker is entitled to file a complaint if the Innovator has violated the Rules of Conduct pursuant to the User Terms or if the Innovator has obviously provided Content copied text from the Internet or just provided brainstorming content.