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Terms of Service

Our terms and conditions for using Yobi services

These Terms of Service of Yobi, a service provided by YiB, Inc., govern your access to and use of the Platform. These Terms constitute a binding agreement between Yobi and you or any company that you represent ("Agreement"). By accessing or using the Platform as described herein, you accept and agree to these Terms. If you do not accept and agree to these Terms, you are not permitted to use the Platform.

Yobi reserves the right, in its sole and absolute discretion, to amend, supplement, or otherwise modify these Terms from time to time. Modified Terms will take effect immediately upon posting to Yobi website. Your continued use of the Platform after modified Terms have been so posted shall constitute your acceptance of such modified Terms.

1. Definitions

The following terms shall have the meanings ascribed to them here:

  • Account means the account associated with your email address.
  • Yobi Services means those services provided by Yobi, including without limitation: (i) access to all websites branded or labeled by Yobi; (ii) telephone services; (iii) call tracking technology; (iv) text message capability; and (v) reporting software.
  • User Content means data and other information made available to and aggregated by Yobi through the use of Yobi Services including: (i) call records; (ii) audio recordings; (iii) recording transcriptions; (iv) SMS records; and (v) SMS message content.
  • Intellectual Property Rights means any and all intellectual property rights existing worldwide and the subject matter of such rights.
  • Platform means the website operated by Yobi and available at Yobi.app, together with any related Yobi service, tool, application or services.
  • Caller means a person whose telephone call is connected to Yobi on your behalf.
  • Yobi, we, our, or us means YiB, Inc., a California corporation.
  • User, you, or your means an individual who opens an Account and uses the Platform or Yobi Services.

2. Scope

Before using the Platform or Services, you must read and accept all of the terms in this Agreement. By accepting this Agreement as you access our Platform or Services, you agree that this Agreement will apply whenever you use the Platform or Services.

3. Eligibility

You must not use the Platform if you:

  • are not able to form legally binding contracts;
  • a person barred from receiving services similar to Yobi under any applicable laws;
  • are suspended from using the Platform or Services; or
  • do not hold a valid email address.

When you sign up on the Platform to access Yobi Services, you associate an email address with your Account. You must not share Account credentials with others.

4. Using Yobi

While using the Platform and Yobi Services, you must not:

  • infringe any state or federal laws or regulations, third party rights, or any policies;
  • fail to deliver payment for Services delivered to you;
  • circumvent or manipulate our fee structure or billing process;
  • transfer, sell, or rent your Yobi Account without our consent;
  • distribute viruses, harmful code, or phishing scams;
  • modify, translate, adapt, or reverse engineer any software programs used by us;
  • copy, modify, or distribute content from the Platform; or
  • harvest information about Users without their consent.

5. Fees and Services

Prior to utilizing the Yobi Services, User must pay for access to Yobi Services as stated on our separate Schedule of Fees. We may choose to temporarily change the fees for our services for promotional events or new services.

You agree to be charged on a recurring basis for subscription fees in advance of our providing Yobi Services to you. Billing disputes must be reported to Yobi in writing within 30 days of the date of the charge.

6. Privacy

We use your information as described in the Yobi Privacy Policy. If you object to your information being transferred or used in this way then you must not use our Platform.

7. Indemnification

You agree to defend, indemnify, and hold harmless us, our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, and employees from and against each and every demand, judgment, damage, loss, liability, deficiency, cost or expense, including without limitation reasonable attorneys fees, incurred in connection with any claim, suit, action, or proceeding brought against us arising out of your use of Yobi Services or the Platform.

8. Security

Yobi will strictly adhere to commercially reasonable security standards in connection with all systems used for storage, processing, and handling of User Content. User must immediately notify us upon becoming aware of any unauthorized access or any other security breach.

9. Disclaimer of Warranties

Yobi Services, the Platform and all User Content are provided on an "as is", "with all faults" and "as available" basis and without warranties of any kind either express or implied.

TO EVERY EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, AND NON-INFRINGEMENT.

10. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for any indirect, special, incidental, punitive, or consequential damages that may be incurred by you.

11. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you.

12. Notices

Legal notices will be served to the email address you provide to Yobi during the registration process. Notice will be deemed given 24 hours after email is sent.

13. Governing Law

This Agreement will be governed in all respects by the laws of California, USA.

14. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

15. Communications

You consent to receive notices and information from us in respect of the Platform by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.