Terms and Conditions

Please note:
Note: The following text is a translation of the original German text. only the German version is legally binding.

§ 1 Scope

These General Terms and Conditions (GTC) apply to the products and services offered by us, YAY, Philipp Scheit, Dorfstr. 12 f, OT Sibstin, 23730 Altenkrempe, via our website www.yaymemories.com in the legal relationship between us and the persons who use this website and their Use products and services within the framework of a contract concluded between us (hereinafter also “the user”).
At the request of the user, these GTC can be requested from us at any time by e-mail to info@yaymemories.com or in writing.
By starting a trial subscription or ordering products on our website, the user accepts the current version of these GTC as binding for all legal relationships between him and us.
These GTC apply exclusively to the legal relationship between us and the user. Deviating regulations or regulations of the user are hereby expressly contradicted. Deviating regulations or regulations of the user do not apply even if we do not expressly object to them individually.

§ 2 Subject and closure of the contract - user data

The subject of the contract is the use of the YAY Online Journal to which the user subscribes and for which he receives his own web address. The user can share password-protected photos, videos, and reminder texts with third parties (e.g. friends, family members). The YAY Online Journal works as a browser-based application on desktops and mobile devices.

By starting a trial subscription (registration) or ordering products on our website, a contract is concluded for the use of our services and products.

You can start a trial subscription with the following steps:

a. Click on "Create online journal" or "start 30 days trial" or enter a self-chosen domain on a landing page if possible;
b. Enter your name and email address.
c. Optional: enter your cell phone number
d. Click on "Next"

Products can be ordered using the following steps:

Purchase of a stork package:

a. Click on "Give YAY to a loved one";
b. Enter your name and physical address;
c. Click on "order and pay".

Buying a photo book:

a. Design the photo book in the browser-based application;
b. Click on "order"
c. Click on "order and pay".

After the trial subscription expires, the following steps are required to order a paid subscription:

a. Click on the order link (from email or the application)
b. Choose a subscription plan (monthly or annual subscription);
c. Enter your name and physical address;
d. Click on "order and pay".

By starting a trial subscription, the user registers for a user account, with which he can log in to his personal online journal.
In order to be able to use the online journal, the user must have reached the age of eighteen. The registration of users who do not meet this requirement will be rejected. User accounts will be deleted with immediate effect if there is reason to believe that the account is being used by a person who has not yet reached the age of eighteen.
The costs for the price packages can be found on our website. The prices shown include the statutory sales tax.
There is no legal right to use our online diary or to purchase a product.
User accounts will be blocked and/or deleted with immediate effect if there is reason to believe that the first and last name provided during the order does not correspond to the real name of the user.
The data provided by the user when registering for a trial subscription or ordering a product or online diary will be stored by us after completion. With regard to the storage, use, and processing of the user's personal data, we refer to our dedicated data protection declaration.

§ 3 Contract duration – End of contract

The contractual relationship between us and the user of an online journal is for an indefinite period and is billed either monthly or annually. The stork package, on the other hand, is limited to 3 months or limited to the time agreed individually by e-mail. The free trial runs for 30 days. The stork package is not preceded by a free trial subscription.
Each party can terminate the contractual relationship up to 3 days before the end of the selected billing period. The termination must be made in text form. Monthly and annual subscriptions are automatically extended by another month or year if the respective subscription is not canceled by the user in good time. The contractual relationship within the framework of a stork package ends automatically after 3 months or after the individually agreed term and does not have to be terminated. The contractual relationship within the framework of the trial subscription ends automatically after 30 days and does not have to be terminated either.
If the user does not order a monthly or annual subscription after the trial subscription, their online diary will be deleted 90 days after the trial subscription expires. If the user does not order a monthly or annual subscription after their stork package has expired, their online diary will be deleted 90 days after their stork package has expired. Insofar as we are not obliged to store certain data for the implementation of this contract or by law, all personal data linked to the user account will be irrevocably deleted.

§ 4 Terms of Payment

Users can pay via all payment options offered by Stripe or with an invoice by bank transfer. In all cases, an invoice will only be issued online by e-mail to the address provided by the user. The invoice amount is due for payment immediately and without deduction.
Other payment methods are not offered and will be rejected.
The statutory regulations regarding the consequences of default in payment apply.
The user is only entitled to set-off rights if his counterclaims have been legally established, are undisputed, recognized by us or synallagmatically linked to our main claim. If the user is an entrepreneur, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
What happens if a customer does not pay on time?
If the user does not pay on time after having started a paid subscription plan or after the automatic renewal of this same subscription plan, we reserve the right to deactivate the account 3 weeks after the payment deadline. In this case, the user's account is not deleted, but he or she cannot access it.
As soon as we get the receipt for payment, the user's account will be reactivated within 3 days.
If the customer does not pay within 90 days, we reserve the right to delete the account 90 days after the payment deadline.
If we have reason to believe that a user does not want his or her account to be deleted, we will, at our discretion, host the account for longer than 90 days, but no longer than 2 years. The user ONLY receives new access to his or her account by paying the outstanding payment claim(s).
Reasons for such an assumption are, for example, a high number of journal entries or a previous exchange about subscription renewal that ended without a clear announcement by the user (e.g., desire to cancel the account).
The amount of the bill is not reduced just because the user doesn’t contact us, does not pay in time, or has a deactivated account due to a lack of payment.

§ 5 Referral Program

YAY's referral program is called "Tell a Mom/Tell a Dad". In order to participate, the referring participant must already be a customer of YAY.

Any customer who refers a person who starts a paid monthly or trial subscription after the free trial will receive a one-time credit of €15 on a follow-up bill for a subscription and the referred person as well.

The credit will only be applied to a subsequent invoice and cannot be paid out. If the contract ends without a subsequent invoice being issued for a subscription (e.g. due to cancellation), the credit will expire.

The benefits of the referral program apply as long as we maintain it. In the event of changes, users will be informed in advance.

Participation in the referral program takes place when the new interested party begins a free trial subscription. Before he switches to a paid subscription, he writes us an email and specifies the existing customer as the advertiser. We will confirm participation by email.

Despite the name of the referral program, it is not a requirement to participate that the referee is a mom or dad.

§ 6 User Responsibilities

The user is solely responsible for the completeness and correctness of all data entered by the user in the input masks on our website or otherwise transmitted. This includes the correct entry of the address. When sending photo books, the user must inform us if his address has changed or if the photo books are to be sent to an address that is not stored in our database. We are entitled to leave inquiries unprocessed if the data entered by the user in our input masks or otherwise transmitted turns out to be incorrect, untrue, or insufficient. Furthermore, we reserve the right to demand compensation for any resulting damage from the user in the event of intentional transmission or other provision of incorrect data by the user.
The user may not create or link any content that is illegal or immoral, offensive, threatening, glorifies violence, racist or sexually objectionable or that can be understood by an unbiased, objective observer, which violates copyright, competition law or trademark rights or which are related to it are likely to offend the religious feelings of others, denigrate those who think differently politically or endanger the morals of children or young people or impair their well-being. We reserve the right to block and/or delete content and texts that contradict the above, as well as the user profile responsible for this content.
The user releases us from all claims asserted against us by third parties due to a breach of the aforementioned obligations by the user.
The user undertakes to use our application exclusively for private and non-commercial purposes. Far above-average access numbers to a user's online journal are a meaningful indication of commercial use. If the user violates this obligation, we are entitled to extraordinary termination of the contractual relationship.

§ 7 Copyright and Use Rights

All copyrights, rights of use, or industrial property rights to the content, representations, logos, graphics, and images created by us on our pages or within our software as well as to the software and database on which our offer is based remain with us or the respective rights' holder.

The user is not allowed to post any content or texts in their online journal, in whole or in copy, for which they do not have the necessary rights to reproduce, change and use. The user releases us from all claims asserted against us by third parties due to a breach of the aforementioned obligation by the user.

§ 8 Warranty and Liability – Disclaimer

We make no promises, guarantees or other assurances in the legal sense with regard to the online diaries and information of users.
Our goal is the universal usability of our application and our services via our website, regardless of the other hardware and software used by the user. Nevertheless, we cannot rule out the possibility that there are hardware and software configurations in which the services we offer cannot be used or can only be used to a limited extent. We exclude liability for a limited or non-existent usability of our services if this is due to the choice of a specific configuration of hardware or software by the user. In such cases, however, we endeavor to establish usability in cooperation with the user as quickly as possible.
We exclude any liability for short-term, insignificant disruptions to the accessibility of the online diaries or our websites, or disruptions that we cannot influence. This also and especially applies to disruptions inaccessibility due to maintenance work on the website or server structure on which our service is based. These cases do not entitle users to reduction, termination, or the assertion of any claims for compensation. Liability for disruptions caused by the unauthorized use of the user's access data is also excluded if the user is responsible for this unauthorized use.
In addition, we are only liable for intent and gross negligence and for damage resulting from injury to life, limb or health that is based on a culpable breach of duty by us or one of our legal representatives or vicarious agents. For damages based on a slightly negligent breach of contractual obligations for which we are responsible, we are only liable for typical and foreseeable damages. Essential contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract between us and the user and on the observance of which the user regularly relies on and may rely on. Otherwise, there is no liability. Liability in the event of data loss is limited to the effort required to restore the user's lost data in the online diary using existing backup copies.
Our website contains links and references to third-party websites. These are not operated by us. We also have no influence on the content displayed on these pages. We assume no liability for the content of these websites, nor do we adopt this content as our own. Furthermore, we do not control the content on these sites. We are not aware of any violations of applicable law on these pages.

§ 9 Data Protection

We take the protection of user data seriously. A comprehensive explanation of how we collect, store and process the data can be found in our data protection declaration.

§ 10 Form of declarations

Legally relevant declarations and notifications that the user has to submit to us or a third party must be in writing.

§ 11 Choice of Law – Place of Jurisdiction – Changes to the General Terms and Conditions

The legal regulations on the places of jurisdiction remain unaffected unless something else results from the special regulation of paragraph 3.
The law of the Federal Republic of Germany applies to the contracts in accordance with these general terms and conditions.
If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our place of business. However, we are also entitled to sue the user at his place of residence. In the case of a contract with a consumer, the place of jurisdiction is our place of business if the user moves his domicile or usual place of residence outside the Federal Republic of Germany after the conclusion of the contract. This also applies if the domicile or habitual residence of the user is not known at the time the complaint is filed.
In the event of changes to this GTC, the user will be informed of the new GTC by email to the email address provided by the user at least 14 days before the new GTC come into force.

§ 12 Online Dispute Resolution of the European Commission

In the case of customer complaints, YAY refers to the Regulation on Online Dispute Resolution in Consumer Matters (Regulation EU 524/2013), the EU Consumer Directive (Directive 2011/83/EU).

For the settlement of disputes, this body offers a conciliation portal https://portal.verbraucherschlichtung.at/cm/fileadmin/adrapp/page/adrWelcome.php.

In the interest of a quick and uncomplicated solution of your request, we ask customers to contact our e-mail address info@yaymemories.com with their request in advance. We'll try to solve your problem as soon as possible.

§ 13 Withdrawal

The customer can cancel his subscription at any time in compliance with the notice periods (3 days before the renewal of the monthly or yearly subscription).

Your contract with YAY can be revoked within 14 days after the conclusion of the contract. The legal regulations on revocation also apply. If you have any questions regarding the withdrawal of your contract, please contact us at info@yaymemories.com.