TERMS AND CONDITIONS "APP WYMY"

Terms and Conditions APP WYMY

The wymy.fit website located at www.wymy.fit and the App WyMy is a copyrighted work owned by WyMy as well as the Jeivitt SA Company, hereinafter referred to as the Company. Some features of the site and the App WyMy may be subject to additional guidelines, terms or rules, which will be posted on the site and the App WyMy in connection with such features.

All additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site and the App WyMy .

BY ACCESSING THE SITE AND THE APP WyMy, YOU AGREE TO THESE TERMS and you represent that you have the authority and capacity to enter into and accept these Terms. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE AND THE APP WyMy AND SUBSCRIBE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS SET FORTH WITHIN THESE TERMS, DO NOT ACCESS AND/OR USE THE WYMY.FIT SITE AND THE APP WyMy.

These terms require the use of Section 10.2 arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These terms of use were created with the help of the Terms of Use Generator.

Access to the site and the WyMy App

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site and the App WyMy solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site and the App WyMy ; (b) you shall not change, make derivative works of, disassepble, reverse compile or reverse engineer any part of the Site and the App WyMy ; (c) you shall not access the Site and the App WyMy in order to build a similar or competitive website or App; and (d) except as expressly stated herein, no part of the Site and the App WyMy may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site and the App WyMy shall be subject to these Terms. All copyright and other proprietary notices on the Site and the App WyMy must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site and the App WyMy with orwithout notice to you. You approved that Company will not be held liableto you or any third-party for any change, interruption, or termination of the Site and the App WyMy or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site and the App WyMy.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and the App WyMy and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site and the App WyMy do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

User Content

User Content. "User Content" means any and all information and content that a user submits to the Site and the App WyMy . You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site and the App WyMy . You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site and the App WyMy to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site and the App WyMy any software intended to damage or alter a computer system or data; (ii) send through the Site and the App WyMy unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site and the App WyMy to harvest, collect, gather or assepble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site and the App WyMy , or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site and the App WyMy, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site and the App WyMy; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site and the App WyMy, or to generate automated searches, requests, or queries to the Site and the App WyMy.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Company with any feedback or suggestions regarding the Site and the App WyMy, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site and the App WyMy, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site and the App WyMy may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site and the App WyMy user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content,whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site and App WyMy user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers,employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site and the App WyMy . If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Cookies and Web Beacons. Like any other website and App, wymy.fit and the App WyMy uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website and the App WyMy that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site and the App WyMy . It also uses cookies, known as DART cookies, to serve ads to our site and the App WyMy visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL https://policies.google.com/technologies/ads

Disclaimers

The site and the App WyMy is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site and the App WyMy will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site and the App WyMy, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site eand the App WyMy ven if company has been advised of the possibility of such damages. Access to and use of the site and the App WyMy is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Site and the App WyMy . We may suspend or terminate your rights to use the Site and the App WyMy at any time for any reason at our sole discretion, including for any use of the Site iand the App WyMy in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site and the App WyMy will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy

your physical or electronic signature,
identification of the copyrighted work(s) that you claim to have beeninfringed,
identification of the material on our services that you claim is infringing and that you request us to remove,
sufficient information to permit us to locate such material,
your address, telephone nupber, and e-mail address,
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law,
and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site and the App WyMy. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, our sending you the e-mail containing such notice will still constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective as of the earlier of thirty (30) calendar days after we send an e-mail notice to you or thirty (30) calendar days after we post notice of the changes on our Site and the App WyMy. These changes will be effective immediately for new users of our Site and the App WyMy. Your continued use of our Site and the App WyMy after notice of such changes indicates your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Translated with www.DeepL.com/Translator (free version)

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY ARBITRATION and a class action waiver.

Requirement of notice and informal dispute resolution. Before either party may request arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the grievance or dispute and the remedy sought. The Notice to the Company should be sent to: Jeivitt c/o Via Cantonale 89, 6595 Riazzino, Ticino, Switzerland. After receiving the notice, the user and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after receipt of the Notice,

either party may initiate arbitration proceedings. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. All disputes arising out of or otherwise connected with this contract, including disputes concerning the validity, invalidity, breach or termination of the contract, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date the request for arbitration is filed in accordance with said Rules. The number of arbitrators shall be one.

The seat of the arbitration shall be Bellinzona, Switzerland, unless the parties agree on a foreign seat and in that case the agreed arbitration rules will govern all aspects of the arbitration, except to the extent that such rules conflict with the Terms. It is hereby acknowledged that the arbitration proceedings shall be conducted in the Italian language. All information and details are available at swissarbitration.org.

Additional rules for non-presence-based arbitration. If you opt for non-presence-based arbitration, the arbitration will be conducted by telephone, online, and/or based solely on written communications; the specific mode will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance of the parties or witnesses unless the parties have agreed otherwise.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be commenced and/or requested within the statute of limitations and within any time limit imposed by the Swiss Arbitration Rules for the relevant claim.

Authority of the Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and responsibilities of you and the Company and the dispute will not be consolidated with any other matter or joined with any other case or party. The arbitrator will have the authority to grant dispositive motions of all or part of any claim. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Swiss Arbitration Rules, and the Terms. The arbitrator shall issue a written award and decision statement describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to grant relief on an individual basis that a judge in a court of law would have. The arbitrator's award is final and binding on you and the Company.

Waiver of jury trial. The parties waive their constitutional and statutory rights to go to court and have a trial before a judge or jury, choosing instead that all claims and disputes be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than the rules applicable in a court of law and are subject to very limited review by a court. In the event that any dispute arises between you and the Company in any state or federal court in a suit to set aside or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A TRIAL BY JURY, deciding instead that the dispute shall be resolved by a court of law.

Confidentiality

All aspects of the arbitration proceedings will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph does not prevent a party from

submitting to a court any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are held invalid or unenforceable under the law by a court of competent jurisdiction, then such specific part or parts shall have no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right of Waiver. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other part of this Arbitration Agreement.

Validity of Agreement. This Arbitration Agreement will continue in effect upon termination of your relationship with the Company.

Small Claims Court. Nevertheless, you or the Company may bring an individual action in a small claims court.

Emergency equitable relief. In any case, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim relief will not be considered a waiver of any other right or obligation under this Arbitration Agreement.

Claims not subject to arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of patents, copyrights, trademarks, or trade secrets of the other party are not subject to this Arbitration Agreement.

Applicable law and legal venue are subject to Swiss substantive law, to the full exclusion of the rules of private international law and the provisions of the Vienna Convention on the International Sale of Goods (United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods). Sole place of jurisdiction for all disputes arising out of or in connection with these GTC as well as the contracts of accession is Zurich, Switzerland.

In any circumstance where the above Arbitration Agreement permits the parties to litigate in court, the parties agree and acknowledge that each part of the agreement and regulation in these Terms are subject to Swiss substantive law. Sole place of jurisdiction, for all disputes arising out of or related to the Company as well as all membership agreements, is Bellinzona, Switzerland.

Electronic Communications. Communications between you and the Company use electronic means, whether you use the Site, the App WyMy or send us e-mail, or whether the Company posts notices on the Site, the App WyMy or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you in electronic form satisfy any legal requirement that such communications would satisfy if they were in written form.

Entire Terms. These Terms constitute the entire agreement between you and us regarding your use of the Site and the App WyMy . Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section headings in these Terms are for convenience only and have no legal or contractual effect. The word "included" means "included without limitation." If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will not be affected and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the fullest extent permitted by law. Your relationship with the Company is that of an independent contractor and neither party is an agent or partner of the other. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the prior written consent of the Company, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing shall be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding on assignees.

Privacy. Please read our Privacy Policy.

Copyright/branding information

Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the site and the App WyMy are our property or the property of other third parties. You may not use these marks without our prior written consent or the consent of such third party who may own the marks.

Address: Jeivitt SA - Via Cantonale 89, 6595 Riazzino, Ticino, Svizzera

Email: admin@dac-corporation.com