Effective Date: December 18, 2018
Please read these Terms carefully before you use the Site. BY ACCESSING AND USING THE SITE, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES” and “AGREEMENT TO ARBITRATE DISPUTES.” These provisions limit our liability to you and affect how disputes are resolved.
If you do not agree to these Terms, then you are not authorized to use the Site.
2. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. We may revise or supplement these Terms from time to time as our business evolves. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.
3. CUSTOMER AGREEMENTS
Certain of our products and services are governed by agreements with our licensees and other customers (“Customer Agreements”). If you use any of product or services governed by a Customer Agreements then these Terms and any applicable Customer Agreement apply equally to use of the Site. If, however, the term of a Customer Agreement that applies to you and these Terms conflict, then the Customer Agreement governs but solely to the extent of the conflict.
4. SITE CONTENT
As between Yva.AI and you, Yva.AI and its licensors retain full and complete title to all information and materials provided by them on or through the Site, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Site Content”). All trademarks are the property of their respective owners.
If you agree to these Terms, then you may download, print and/or copy Site Content solely for your own personal use and subject to the terms of any Customer Agreement that applies to your use of the Site.
Except for content that is in the public domain or unless Yva.AI provides you with written authorization to do so, you may not:
- Incorporate any Site Content into any other work (such as your own website) or use Site Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Site Content in any form or by any means; or
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Site Content.
Yva.AI makes no representations, warranties or guarantees, whether express or implied, that Reports and other Site Content are accurate, complete or up to date. Except as required by law, Yva.AI disclaims any duty to update Site Content. All Site Content is subject to change without notice.
5. USING THE SITE
You are responsible for making all arrangements necessary for you to access the Site.
Your Account: You may be required to create an account (“Account”) to use certain features of the Site. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Site. You agree to protect the security of your Account. You agree not to share your Account credentials (i.e., username and password) and that you are responsible for all use of your Account. Yva.AI treats access to the Site through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Please immediately notify Yva.AI using the contact information below if you believe that information you provided to us is no longer secure.
Accessing the Site: You are responsible for the software, hardware and Internet service that you need to access and use the Site. If you access and use the Site on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Site through your Mobile Device.
Availability of the Site: We do not guarantee availability of the Site at all times of the day. The availability of the Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications.
Yva.AI may from time to time perform upgrades, updates or error corrections (“Updates”) or otherwise make the Site unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to or stop providing the Site at any time and without notice.
Yva.AI has no obligation to provide access to or support for the Site and is not responsible for any delay, delivery failure or other damage resulting from such problems. Updates to the Site are part of the Site and subject to these Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the Updates.
Restrictions on Your Use of the Site: You may use the Site for lawful purposes only. You agree that you will not(and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Site or otherwise attempt to gain unauthorized access to the Site, other users’ Accounts or Yva.AI’s computer systems or networks;
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Site;
- Decompile, reverse engineer, disassemble or decode the Site or otherwise attempt to derive or gain access to the source code of any part of the Site (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Site;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape, data mine or index any portion of the Site;
- Use the Site to send unsolicited messages or advertisements through comment functions available on the Site;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Site including through time-sharing, use of service bureau or by otherwise making the Site available on a network on which they are accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Site without Yva.AI’s written consent;
- Negligently, recklessly, knowingly, or intentionally transmitting or uploading any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware or any other programs that may be harmful or dangerous;
- Cause or launch any program or script for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Site or otherwise interfere with others’ use and enjoyment of the Site;
- Create an Account under fraudulent pretenses;
- Engage in obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, hateful, violent, abusive, pornographic or otherwise offensive or unlawful; or
Yva.AI may from time to time offer areas in the Site where you and other users can share with Yva.AI suggestions, ideas or other user-created content (collectively, “Submissions”). You are the owner of and are responsible for your Submissions. By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to Yva.AI under these Terms; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
You acknowledge and agree that Yva.AI has the right (but not the obligation) to monitor, alter, remove or refuse to post any Submission. Yva.AI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
By sharing your Submissions, you grant Yva.AI and our designees a worldwide, perpetual, irrevocable, transferable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party Site and services) to provide, expand or promote the Site and Yva.AI’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
7. DISCLAIMER OF WARRANTIES
Yva.AI warrants that Yva.AI has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Yva.AI specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Yva.AI does not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected.
Any oral or written advice provided by Yva.AI or its authorized agents does not and will not create any warranty.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE WAIVERS MAY NOT APPLY TO YOU. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
Yva.AI IS NOT LIABLE FOR DIRECT DAMAGES (FOR ANY CAUSE OR UNDER ANY LEGAL THEORY) TO YOU THAT EXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE SITE DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY OR $100, WHICHEVER IS GREATER.
YOU AGREE THAT IN NO EVENT WILL Yva.AI BE LIABLE TO YOU (i) FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SITE, LOSS OF SERVICE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF Yva.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction in which you reside. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Yva.AI would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
9. DISPUTE RESOLUTION
If you have a complaint about the Site, please contact Yva.AI via email at firstname.lastname@example.org.
The resolution of any dispute arising under these Terms shall be governed and construed in accordance with the laws of the State of Delaware, without reference to its conflicts of laws. You acknowledge and agree that any legal action or proceeding between you and Yva.AI for any purpose concerning these Terms shall be brought exclusively in a court of competent jurisdiction in the State of Delaware. Any claim arising out of these Terms must be brought within one (1) year of the date on which the claim arose.
YOU AND Yva.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
10. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Site is: Yva.AI, Inc. If the Site is deemed as electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by contacting us at Yva.AI, Inc., Attn: Legal, 68 Willow Road, Menlo Park, CA 94025.
You may terminate your Account at any time for any reason effective upon written notice to Yva.AI. Yva.AI reserves the right immediately to suspend or terminate your account and access to the Site without notice if Yva.AI believes you violated these Terms.
Termination will not limit any of Yva.AI’s other rights or remedies. The Site Content, Submissions, Disclaimer of Warranties, Limitation of Liability and Exclusion of Certain Damages and General Terms sections and any other provision that is by its terms intended to survive termination shall survive termination of these Terms.
12. ADDITIONAL TERMS
Certain features of the Site, such as specific Reports or services offered by business partners, may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Site to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Site to which the Additional Terms apply.
13. LINKS TO OTHER WEBSITES
The Site also may contain links to other websites or online services that we think may interest you (collectively, “Linked Sites”). Linked Sites are not under the control of Yva.AI and Yva.AI is not responsible for Linked Sites or for any information or materials on or any form of transmission received from any Linked Site. The inclusion of a link does not imply endorsement by Yva.AI of a Linked Site or any association with the operators of the Linked Site. Yva.AI does not investigate, verify or monitor the Linked Site. Yva.AI provides links to Linked Sites for your convenience only. You access Linked Sites at your own risk.
You agree that, by your electronic signature to these Terms is intended to authenticate this writing and to have the same force and effect as your manual signature. For purpose of these Terms, your electronic signature is any electronic sound, symbol or process attached to or logically associated with these Terms and executed and adopted by either party with the intent to sign these Terms.
- GENERAL TERMS
- These Terms (i) inure to the benefit of and will be binding upon Yva.AI’s and you and your successors and assigns, respectively and (ii) may be assigned by Yva.AI but you may not assign them without the prior express written consent of Yva.AI;
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein;
- If Yva.AI fails or you fail to perform any of these Terms and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion;
- Nothing contained in these Terms will be deemed to constitute Yva.AI or you as the agent or representative of the other or as joint venturers or partners;
- If Yva.AI is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence;
- The headings and captions contained herein are for convenience only; and
- These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
HOW TO CONTACT US
Please contact us at:
68 Willow Road
Menlo Park, California 94025