Terms of Use

Last updated: 13/05/2026

Identification and Purpose

These Terms and Conditions govern access to and use of the Yooddle Digital Tool, hereinafter referred to as “Yooddle”, including the website, web application, features, interfaces, templates, creation flows, management modules, analytics, outputs, content and other associated components.

Yooddle is owned by the company Scalyprung, Lda., with registered office at Avenida Dr. Francisco Sá Carneiro, 3610-134 Tarouca, Portugal, Portuguese corporate taxpayer number 516324705, holder of the TheThrivers brand, hereinafter referred to as “TheThrivers”.

TheThrivers provides a technological solution intended, namely, for the creation, personalisation, processing, organisation, reuse, export, provision and analysis of branded content, which may involve templates, brand assets, graphic elements, images, videos, texts, visual identity, validation flows and functionalities for measuring usage and performance.

Access to and use of Yooddle are subject to these Terms and Conditions, as well as, where applicable, the Privacy Policy, specific campaign rules, B2B commercial terms and any other complementary conditions.

Definitions

For the purposes of these Terms and Conditions, the terms below shall have the following meanings:

“Account”: access registration created for the use of Yooddle, associated with a User or a Brand.

“Content”: any file, image, video, photograph, text, design, graphic element, logo, trade mark, sound, information, data, template, output, composition or other material uploaded, entered, processed, generated, edited, made available, stored, exported or shared through Yooddle.

“Brand Content”: any Content, asset, guideline, template, library, visual identity, instruction, graphic element or other material made available by a Brand or by Users authorised by that Brand.

“Generated Content”: any Content created, personalised, adapted, edited, produced or exported through Yooddle, including content produced based on templates, brand assets or other materials made available on Yooddle.

“Brand”: any business entity, organisation, client, advertiser, partner or holder of a business account that uses Yooddle or makes it available to authorised Users.

“User”: any natural or legal person who accesses or uses Yooddle, whether in their own name or on behalf of a Brand.

“Administrator”: a User with enhanced permissions to configure, manage, authorise access, make assets or templates available, or define usage parameters in the context of a Brand.

“Service”: the set of technological features and components made available by TheThrivers through Yooddle.

Acceptance of the Terms

By accessing, registering, creating an account, browsing, using any Yooddle feature, uploading Content, generating Content or using the Service in any way, the User declares that they have read, understood and fully accepted these Terms and Conditions.

Where the User acts on behalf of a Brand or another entity, they declare and warrant that they have the necessary powers, authorisations and legitimacy to bind that entity to these Terms.

If the User does not agree with these Terms, they must not access or use Yooddle.

Nature of Yooddle and Development Status

The User expressly acknowledges and accepts that Yooddle is a digital tool under continuous development, which may include features in experimental, pilot, beta, testing, gradual release or progressive improvement phases.

Accordingly, Yooddle may:

experience interruptions, failures, delays, errors or temporary unavailability;
present technical limitations, interface changes, incompatibilities or performance losses;
have features changed, suspended, removed or replaced at any time;
not ensure the full continuity of certain features, flows or outputs.

The Service is provided on an “as is” and “as available” basis, that is, in its current condition and as available, with no guarantee of continuous availability, absence of errors or suitability for a specific purpose, to the fullest extent permitted by applicable law.

Eligibility, Registration and Access

Use of Yooddle may depend on prior registration, creation of an Account, invitation, specific authorisation, association with a Brand or the allocation of technical and functional permissions.

The User undertakes to provide true, complete and up-to-date information and to maintain the confidentiality of their access credentials.

The User is responsible for all activity carried out through their Account, including any use by third parties with their credentials, except in cases legally attributable to TheThrivers.

If Yooddle allows use by minors, such use shall depend on the legally required conditions and, where applicable, on the authorisation of the respective legal representatives.

TheThrivers reserves the right to refuse registrations, limit access, require additional authentication, deactivate Accounts or condition the use of Yooddle whenever it deems this justified for technical, operational, security, compliance, legal risk or breach of these Terms reasons.

Rules of Use

The User undertakes to use Yooddle in accordance with applicable law, these Terms, good customs, public order, third-party rights and any complementary instructions or policies that may be made available by Yooddle.

It is expressly prohibited to use Yooddle to:

upload, generate, publish, transmit, export or disseminate unlawful Content or Content that infringes third-party rights;
infringe copyright, related rights, trade marks, patents, trade secrets, image rights, personality rights or any other intellectual or industrial property rights;
use Content without the necessary licences, authorisations, permissions, assignments, consents or applicable legal bases;
upload or generate false, misleading, defamatory, offensive or abusive Content, or Content likely to mislead third parties;
upload, generate, store or share pornographic, sexually explicit, obscene, violent or manifestly inappropriate material;
upload, generate, store or share discriminatory, racist, xenophobic, misogynistic, homophobic Content, or Content inciting hatred, harassment, intimidation or violence;
introduce malware, viruses, bots, malicious scripts, harmful code or any other mechanism intended to compromise the security, availability or operation of Yooddle;
circumvent technical limitations, test vulnerabilities without authorisation, access restricted areas, extract data in an automated manner or interfere with the normal operation of the Service;
use Yooddle for unlawful, fraudulent, abusive or improper competitive purposes, or for purposes contrary to the purpose of the Service.

Submitted Content and Responsibility for Content

All Content uploaded, submitted, entered, made available, edited, generated, processed, exported, transmitted, published or shared through Yooddle is the sole responsibility of the User who enters it, the Brand on behalf of which they act or the respective rights holder.

TheThrivers does not carry out, nor is it obliged to carry out, prior editorial control, legal verification, systematic validation or continuous monitoring of all Content used on Yooddle.

The User declares and warrants that:

they hold the necessary rights over the Content used or have the necessary licences, authorisations and consents;
the use of such Content in the context of Yooddle does not infringe third-party rights;
they have obtained, where necessary, valid consent from identifiable persons appearing in the Content, including for the use of their image, voice or other personal data;
the Content is not unlawful, explicit, offensive, discriminatory or contrary to these Terms.

To the fullest extent permitted by law, TheThrivers assumes no responsibility for Content uploaded, generated, published, shared or disseminated by Users or Brands, including where such Content infringes third-party rights, lacks a licence or authorisation, is unlawful, inappropriate, discriminatory or gives rise to claims, notices, takedown requests, disputes or sanctions.

Moderation, Reporting, Removal and Suspension

TheThrivers reserves the right, at any time and without any obligation to provide prior notice, to:

a) remove, block, restrict, de-index or make Content inaccessible;
b) suspend, limit, freeze, deactivate or cancel Accounts;
c) prevent uploads, exports, access or future uses;
d) restrict features, permissions, spaces, libraries, users or environments;
e) adopt any technical, operational, administrative or legal measures deemed appropriate.

Such measures may be adopted whenever TheThrivers detects, suspects or considers that there is:

a) a breach of these Terms;
b) a risk of breach of applicable law;
c) an infringement of intellectual property, industrial property, image or personality rights;
d) abusive, fraudulent or anomalous use of Yooddle;
e) technical risk, security risk, reputational risk or risk to third parties;
f) non-compliance with compliance, brand safety or internal policy guidelines.

TheThrivers may also make available mechanisms for reporting potentially unlawful or prohibited Content, and may act based on notifications from users, partners, rights holders or competent authorities.

The adoption of any of these measures shall not grant the User or the Brand any right to compensation, indemnity or continued access, without prejudice to legally mandatory rights.

Intellectual Property of Yooddle

Yooddle, including its structure, software, code, interfaces, design, look and feel, features, distinctive elements, identifying signs, trademarks, texts, Yooddle’s own content, documentation and other components, belongs to TheThrivers or to duly licensing third parties.

Unless expressly authorised in writing by TheThrivers, it is not permitted to copy, reproduce, adapt, modify, translate, distribute, sublicense, sell, assign, make available, exploit, disassemble, decompile, reverse engineer or otherwise use the elements of Yooddle beyond what is strictly necessary for the normal use of the Service.

The provisions relating to intellectual property, confidentiality, limitation of liability, data protection, indemnity and dispute resolution shall remain in force after termination of the contractual relationship.

Ownership of Content and Licence Granted to Yooddle

Unless otherwise provided in a written contractual provision, the intellectual property rights and other rights over Brand Content and over Content uploaded by the Brand or by its authorised Users shall remain owned by the respective Brand or by the respective original rights holders.

Unless otherwise provided in a written contractual provision, the rights over Generated Content resulting from the use of a Brand’s assets, templates, guidelines, libraries or elements shall belong to the respective Brand or to the rights holder resulting from the applicable legal relationship between that Brand and the User who generated such Content.

For the purposes of providing the Service, the Brand and authorised Users grant TheThrivers a licence that is non-exclusive, limited to the functional and operational scope of the Service, worldwide to the extent technically necessary for the digital provision of the Service, free of charge to the extent necessary for the performance of the contracted Service, and valid during the period of use of Yooddle and for any additional period strictly necessary to comply with legal, technical, security, transitional backup, proof of service, incident resolution or operational closure obligations.

This licence allows TheThrivers to:

host, technically reproduce, organise, index, convert, process, store and display the Content within Yooddle;
allow the creation, editing, personalisation, viewing, moderation, approval, export, reuse and functional provision of the Content in the context of the Service;
carry out automatic, computational or algorithmic processes necessary for the operation of Yooddle;
carry out technical operations for transitional backup, security, fraud prevention, troubleshooting, support, maintenance and functional improvement;
display the Content to authorised Users within the respective environments, accounts, flows and permissions.
The licence provided herein does not imply any transfer of ownership of the Content to TheThrivers.

Aggregated Data, Metrics and Service Improvement

Without prejudice to the ownership of Brand Content, TheThrivers may collect, use, process and retain technical, operational, statistical, aggregated and/or anonymised data relating to the use of Yooddle, functional performance, usage volumes, flows, usage metrics, interaction with templates, usage patterns and Service performance indicators.

Such data may be used to operate, maintain, protect and improve Yooddle, develop new features, monitor stability, security and performance, produce statistical reports and aggregated analyses, and for research, development, technical audit, support and product improvement purposes, provided that, where legally required, it does not allow the direct identification of the Brand, Users or their Content, unless there is sufficient contractual or legal authorisation.

The aggregated data, metrics, benchmarks and analytics produced by TheThrivers belong exclusively to TheThrivers, provided that they are anonymised and do not allow specific users to be identified.

Storage, Retention and Backups

TheThrivers does not guarantee any minimum, permanent or specific Content storage capacity, unless otherwise stipulated in a written contract.

TheThrivers does not guarantee that uploads, files, drafts, outputs, templates, libraries, Generated Content or any other materials will be stored for any period of time, nor that they may be subsequently recovered.

The User and the Brand acknowledge and accept that:

they must immediately download any Content they require;
they must maintain their own independent copies of all relevant materials;
TheThrivers may delete, overwrite, lose, corrupt, limit or cease to make Content available as a result of technical failures, product changes, system clean-ups, operational restrictions, incidents or evolution of the Service.

Any cache, backup, transitional retention or technical redundancy mechanism implemented by TheThrivers is intended solely for internal operational purposes and does not constitute a guarantee of storage, archiving or recovery for the User.

Availability, Maintenance and Technical Changes

TheThrivers may, at any time and without prior notice:

temporarily interrupt Yooddle;
carry out maintenance, updating, correction, migration, improvement, replacement or reconfiguration actions;
change features, flows, interfaces, formats, limits, usage policies or technical architecture;
suspend, limit or discontinue, in whole or in part, any feature or component of the Service.

TheThrivers does not guarantee uninterrupted, continuous, error-free access, or access immune to delays, congestion, third-party failures, network unavailability or force majeure events.

Third-Party Services

Yooddle may integrate, depend on or provide access to third-party services, platforms, content, links, tools, SDKs, payment methods, social networks, cloud providers or other third-party solutions.

TheThrivers does not fully control such third-party services and is not responsible for their availability, security, content, policies or practices.

Use of third-party services may be subject to their respective terms and policies, which the User is responsible for reading and accepting.

Business Plans, B2B Clients and Specific Conditions

Whenever Yooddle is used in the context of a B2B commercial relationship, business subscription, Brand project, activation, campaign, event, corporate licence or associated provision of services, additional specific conditions may apply, including commercial proposals, purchase orders, statements of work, master service agreements, service terms, data processing agreements, support policies, technical annexes or other specific contractual conditions.

In the event of a conflict between these Terms and a written contract entered into between TheThrivers and the client Brand, such written contract shall prevail in relation to the specifically regulated matter.

Without prejudice to the provisions of such specific instruments, these Terms shall remain applicable in all matters not expressly excluded.

Data Protection and Compliance

Whenever the use of Yooddle involves the processing of personal data, such processing shall also be governed by TheThrivers’ Privacy Policy and, where applicable, by a data processing agreement or specific contractual clauses.

The User and the Brand warrant that the use of Yooddle complies with applicable legislation on data protection, advertising, intellectual property, image rights, consumer rights, electronic communications and any other compliance rules applicable to the relevant sector, campaign or use.

Security and Cybersecurity

TheThrivers implements reasonable technical and organisational security measures; however, it cannot guarantee absolute security, absence of vulnerabilities or impossibility of unauthorised access.

Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by applicable law, TheThrivers shall not be liable for any damages, losses, costs or expenses resulting from:

Content uploaded, generated, published, exported or shared by Users or Brands;
infringement of third-party rights by Content used on Yooddle;
loss, deletion, corruption, unavailability or impossibility of recovering Content;
technical failures, bugs, errors, interruptions, unavailability, delays, vulnerabilities, loss of connectivity or integration failures;
commercial expectations, campaign results, content performance or return on investment;
acts or omissions of Users, Brands, technology partners, hosting providers, connectivity providers or third parties.

TheThrivers shall not be liable for indirect damages, loss of profits, loss of opportunity, loss of data, loss of business, loss of goodwill, reputational damage or consequential losses.

If, notwithstanding the provisions of the preceding paragraphs, TheThrivers’ liability is judicially or legally recognised, such liability shall be limited, to the fullest extent permitted by law, to:

the amount effectively paid by the client Brand to Yooddle in the 3 months preceding the event giving rise to liability; or
in the absence of payments, the maximum amount of €100.

TheThrivers does not guarantee any commercial, advertising, reputational or performance result. It shall not be liable for loss of campaigns, loss of clients, reputational loss, interruption of activity or any indirect damages.

Indemnity

The User and, where applicable, the Brand undertake to defend, indemnify and hold harmless Yooddle, its shareholders, directors, employees, service providers and partners from and against any claims, actions, losses, damages, costs, expenses, fines, indemnities or fees resulting from:

breach of these Terms;
improper use of Yooddle;
Content uploaded, generated, processed or disseminated through Yooddle;
infringement of third-party rights;
breach of legal, regulatory or contractual obligations by the User or the Brand.

Suspension, Termination and Effects of Termination

TheThrivers may suspend or terminate, in whole or in part, access to Yooddle at any time, under these Terms or applicable law.

In the event of termination, the Account may be deactivated and the Content may cease to be accessible, without prejudice to legally required or technically necessary retention periods.

Unless otherwise stipulated in a written contract, TheThrivers is not obliged to make available, return, migrate or retain Content after termination of access.

The User or Brand may request, at any time, the termination/closure of the Account by email to privacy@yooddle.com, and the contents of that Account shall be deleted, except in the cases provided for by law.

Confidentiality

The User undertakes not to disclose technical, operational, commercial or strategic information relating to Yooddle, including non-public features, workflows, templates, libraries, internal structures, pricing, methodologies and documentation.

Force Majeure

TheThrivers shall not be liable for failures to comply resulting from events beyond its reasonable control, including power outages, internet failures, cloud provider failures, cyberattacks, strikes, governmental acts or unavailability of third parties.

Changes to the Terms

TheThrivers reserves the right to amend, update, revise or replace these Terms at any time.

The version in force shall be the one published on the website or on Yooddle on the date of consultation. Continued use of Yooddle after the publication of changes constitutes acceptance of the revised version.

Severability and Non-Waiver

The invalidity, nullity or ineffectiveness of any provision of these Terms shall not affect the validity of the remaining provisions, which shall remain in full force.

The failure, delay or partial exercise of any right by TheThrivers shall not constitute a waiver of that right nor prevent its future exercise.

Applicable Law and Jurisdiction

These Terms shall be governed by Portuguese law.

The courts of the district of Lisbon shall have jurisdiction to settle any disputes arising from the interpretation, validity, performance or termination of these Terms, with express waiver of any other jurisdiction, without prejudice to applicable mandatory rules.

Contacts

For questions, support requests, legal notices or content reports, the User may contact TheThrivers by email at: privacy@yooddle.com.