Your Relationship With Us
Welcome to Y (the "Platform"), which is provided by Y Inc. in the United States (collectively such entities will be referred to as "Y", "we" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the "Services"). Our Services are provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with Y, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Mobile Applications and Platform Requirements
4.1 Mobile Device Requirements
To access and use the Y mobile applications, you must use a supported mobile device running:
- iOS version 14.0 or later for Apple devices
- Android version 8.0 (Oreo) or later for Android devices
We reserve the right to update these minimum requirements at any time to ensure optimal performance and security.
4.2 App Store Compliance
When downloading our mobile applications from the Apple App Store, Google Play Store, or any other mobile application marketplace, you agree to comply with all applicable third-party terms of agreement. Y is not responsible for any third-party app store fees or data charges that may apply to your use of our Services.
4.3 Mobile Application Updates
You agree to promptly install any updates we provide for the Y mobile applications. Some updates may be required to continue using our Services. Failure to install critical updates may result in limited functionality or temporary service suspension until such updates are installed.
4.4 Device Security
You are responsible for maintaining the security of your mobile device. We strongly recommend:
- Using device passcodes/biometric security
- Keeping your operating system and security software up to date
- Never using modified, "jailbroken," or "rooted" devices with our Services
- Never installing our application from unofficial sources
4.5 Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: contact@theyapp.ai
Content Restrictions
The Platform allows you to create, post, share, and otherwise communicate content, including videos, user comments, and other text or media. We refer to all of this content as "User Content."
You are solely responsible for your User Content and the consequences of posting it on the Platform. You understand that once you post User Content, it may be viewed by other users and, while we may allow you to control some aspects of how your User Content is displayed, we cannot guarantee that your User Content will not be viewed by unauthorized persons.
You agree not to create, post, share, or otherwise communicate any User Content that:
- Infringes any third-party intellectual property rights
- Contains any harassing, threatening, abusive, or hateful content
- Includes personal or identifying information about another person without their explicit consent
- Impersonates any person or entity or misrepresents your affiliation with a person or entity
- Contains any content that is sexually explicit, pornographic, or otherwise offensive
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
- Promotes illegal or harmful activities or substances
- Contains false, misleading, or deceptive information
- Violates any applicable law or regulation
Intellectual Property Rights
The Platform, including all content, features, and functionality, is owned by Y, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, Y grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your personal, non-commercial use.
You retain all rights in, and are solely responsible for, the User Content you create, post, share, or otherwise communicate on or through the Platform. By creating, posting, sharing, or otherwise communicating User Content on or through the Platform, you grant to Y a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Content for the purpose of operating and improving the Platform.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Y, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall Y's total liability to you for all claims relating to the Services exceed the amount paid by you, if any, to Y for the Services during the twelve (12) months immediately preceding the date of the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Y, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you of these Terms or arising out of your User Content.
Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us at contact@theyapp.ai to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Contact Us
You can reach us at: contact@theyapp.ai