Terms of Use

You, the user, agree that by registering on Oyoty web application, or by using our mobile application, or other information provided as part of Oyoty services (collectively “Oyoty service”), you are entering into a legally binding agreement with Privately SA, Batiment I, EPFL Park Scientific, 1015 Lausanne, Switzerland which owns and operates the Oyoty services (“we,” “us,” “our,” and “Oyoty service”) based on the terms of this Terms of Use Agreement (“Terms of Use”) and the Oyoty Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”).

Restrictions on the use of Oyoty services

• As a parent, you will need to create a login to the web service to be recognized as a ‘Parent’ user of the service. You must be at least the legal age in your country of residence and the country from which you are accessing Oyoty applications.
• It is assumed that you are adding children to this service:
  • with expressed consent of the child,
  • who are your wards and over whom you have a safekeeping or caretaking responsibility as a parent or guardian.
• You are solely responsible for your conduct and for not using this service illegally either to monitor children whose safekeeping is not within your legal remit.
• You are solely responsible to ascertain if the law in your country makes it illegal for you to view or monitor the online activity of your child or ward.
• We do not monitor actual relationships between parents and children unless there is a reason to do so because of our being alerted as to an alleged violation of applicable law or these Terms of Use.
• Report abuse. If you see something on Oyoty app that you believe violates our terms or any applicable law, you should report it to us.
• You may not use Oyoty application to monitor children without their consent in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy;
• You may not use Oyoty service to collect content that can infringe the privacy of a child. You may not encourage conduct that would constitute a criminal offense, or that gives rise to civil liability.
• You may not use the Oyoty service for any illegal or unauthorized purpose, including but not limited to copyright laws. International users agree to comply with all local laws regarding online conduct and acceptable content.
• You will not solicit login information or access an account belonging to someone else.
• You are responsible for any activity that occurs under your account and you are responsible for keeping your password secure. You may not provide false information to set up an account, attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means, or otherwise use the service to impersonate any person, business or entity.
• You must not modify, adapt or hack Oyoty or modify another website so as to falsely imply that it is associated with Oyoty or Privately.eu.
• You must not access Privately’s private code by any other means other than the Oyoty service itself.
• You must not crawl, scrape, or otherwise cache any content from Oyoty including but not limited to user profiles and photos.
• You must not transmit unwanted email or comments to any Oyoty members (i.e. SPAM).
• You must not transmit any worms or viruses or any code of a destructive nature to our servers;
• You may not utilize Oyoty as a means to track or monitor the location and activities of any individual without their express consent and authorization.
• You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Oyoty service, including without limitation any content other than your personal digital content displayed in connection with the Oyoty service.
• You may not engage in any activity that otherwise interferes with the use and enjoyment of the Oyoty service by others, including without limitation: using Oyoty in any way that may damage, disable, overburden, or impair Oyoty’s servers or networks; harvesting personal information about other Oyoty users for any reason; transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
• You will not facilitate or encourage any violations of this Terms of Use or our policies.
• Violation of any of these agreements will result in the termination of your Oyoty account. While Oyoty prohibits such conduct and content, you understand and agree that Oyoty cannot be responsible for the content and you nonetheless may be exposed to such materials and that you use the Oyoty service at your own risk.

General Conditions

• The Oyoty service helps family privacy on social network but we are a best-effort service and not a replacement for direct parental intervention and education of children.
• The Oyoty application is based on machine learning and automatic detection as the basis for delivering educational content to children. This is an evolving science and it is normal for the service to either fail to detect sensitive content, falsely flag content or produce other errors. In accepting these terms and conditions the users recognize these limitations of the service.
• As the parent or guardian you would explain the terms of use to a minor child that you are adding to the Oyoty service.
• When a Oyoty mobile application user edits or deletes content on a social network following the guidance of the application, Oyoty cannot guarantee that the social network has effectively removed that content as that is the final remit of the social network.
• We reserve the right to modify or terminate the Oyoty service for any reason, without notice at any time.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
• We reserve the right to refuse service to anyone for any reason at any time, including the right to terminate the account of any user, including any associated Content, for any reason and at any time.
• We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
• We may, but have no obligation to, remove accounts that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
• We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
• We will adhere to best practices and use our best efforts to protect the privacy of your activity and your personal information. However, we are not responsible in case of a hack or break-in by sophisticated users, certain software programs, and/or government entities.
• We are not responsible for access of your reports by a third party where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password, you may not be able to access your dashboard.
• Oyoty is for your personal use only, to use for devices that you own or are authorized to monitor and administer.

Content and Social Network Accounts on Oyoty

• Oyoty does NOT claim ANY ownership rights in Content that are accessible through a monitoring of social network accounts. By allowing Content to be monitored through Oyoty, you agree and hereby do grant to Oyoty a non-exclusive, fully paid, irrevocable, sub-licensable, transferable, royalty-free, worldwide, limited license to use, modify, reproduce, transmit, store, and translate such Content, including without limitation distributing part or all of the Content in any media formats through any media channels, without prejudice to data privacy protection, as stated in our privacy policy where such distribution is needed for executing our service.
• You represent and warrant that: (i) your child /ward own the social network account and Content supplied by you or your child/ward to Oyoty (ii) the social networks or Content that you have added to Oyoty does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the adding of your child/ward’s social network accounts through Oyoty is done with expressed consent of the parties involved and does not result in a breach of contract between you and the child.
• You acknowledge and agree that Oyoty has no obligation to enforce, defend or otherwise protect any rights you may have to the social networks that you have added or the Content, and you release Oyoty and any of its affiliates (and its respective officers, directors, agents, subsidiaries and employees) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your social network accounts and the Content or disputes with third parties regarding any rights you may have in or to these social network accounts and Content. You further acknowledge and agree that you are legally liable for your social network accounts and Content (e.g., if your Content infringes third party intellectual property or civil rights, is illegal, etc.).
• The Oyoty service, technology and website are owned by Privately SA (“Oyoty Platform”). The Oyoty Platform is protected by copyright, trademark, patent, trade secret and other laws, owns and retains all rights in the Oyoty Platform and the Oyoty services. We hereby grant you a limited, revocable, non sub licensable, nontransferable, nonexclusive license to reproduce and display the Oyoty Platform (excluding any software code) solely for your personal use in connection with use of Oyoty services.
• The Oyoty services contain Content of users and other Oyoty licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Oyoty services.
• Although Oyoty services are normally available, there will be occasions when Privately appour services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Privately.eu.
• Although Oyoty will normally only delete Accounts and Content that violates this Agreement, Oyoty reserves the right to delete any Account or Content for any reason, without prior notice. Deleted content may be stored by Oyoty in order to comply with certain legal obligations and is not retrievable without a valid court order. Oyoty will not be liable to you for any modification, suspension, or discontinuation of the Oyoty services.
• Oyoty might only available and accessible in limited jurisdictions. If you travel outside such jurisdictions, you may not have access to Oyoty services.
• We will delete your Content and/or your account if you request us to do so in a reasonably timely manner. However, you understand that removed content may persist in back-up copies for a reasonable period of time, in particular for archival purposes (but will not be made available to third parties save that we may be under obligation to provide them in the context of a judicial litigation or upon request of public authorities).

Governing Law; Jurisdiction

This Agreement and all matters relating to this Agreement shall be construed and controlled by the laws of the Canton of Vaud, Switzerland. You agree to submit to the exclusive jurisdiction of the state and federal courts in Lausanne, Switzerland and hereby waive any objections to the jurisdiction and venue of such courts. For any questions, comments, concerns or reports relating to these Terms of Use or any other policy or law with respect to our service, please contact our support: support@privately.eu.