Terms Of Service

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's 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, including: (a) patents, copyrights, trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the foregoing rights.
  • "Platform" means the website operated by Yobi and available at Yib.io, Yobi's mobile applications for iOS and Android, together with any related Yobi service, tool, application or services.
  • "Caller" means a person whose telephone call is connected to Yobi on your behalf.
  • "Terms" or "Agreement" means these Terms of Use.
  • "Yobi", "we", "our", "company" or "the company" or "us" means YiB, Inc., a California corporation having an address at 75 E Santa Clara St,#600 San Jose Ca 95113.
  • "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. The individual User associated with each Account shall be held responsible for all actions taken by or through the Account.

Users may provide a business or company name to be associated with the User's Account. Users acknowledge and agree that where a business or company name is associated with their Account, this Agreement is a contract with the User as an individual, as well as the with the business or company associated with the User's Account.

We may, at our absolute discretion, refuse to register any person or entity as a User.

Your Account, including any rights or obligations you have under this Agreement cannot be transferred or assigned to any third party without our prior written consent.

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 that are posted on the Platform;
  • fail to deliver payment for Services delivered to you;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Yobi;
  • transfer, sell, or rent your Yobi Account or Username to another party without our consent;
  • distribute viruses, harmful code, phishing scams, or any other content or technologies, or otherwise take any other actions, that do or are intended to harm Yobi, the Platform, or any Users or third parties, or their interests or property (including their Intellectual Property Rights, privacy rights, and publicity rights);
  • "frame," "mirror," or otherwise incorporate any part of the Platform into any other website, app, or system;
  • modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform;
  • copy, modify, or distribute content from the Platform or otherwise infringe Yobi's copyrights, trademarks, or other Intellectual Property Rights; or
  • harvest or otherwise collect information about Users, including email addresses, without their consent;
  • use the Yobi Services or Platform to access or allow access to law enforcement or other emergency services.

5. Fees and Services

Prior to utilizing the Yobi Services, User must pay for the first 30 days of access to Yobi Services and for related items necessary to utilize Yobi Services as stated on our separate Schedule of Fees, which we may modify from time to time and will update by placing on our Platform. We may choose to temporarily change the fees for our services for promotional events (for example, temporary discounts) or new services, and such changes are effective when we post a temporary promotional event or new service on the Platform, or as notified through promotional correspondence, in our sole discretion. Users will also be responsible without limitation for all costs and fees associated with Yobi's efforts to collect late payments from User.

You agree to be charged on a recurring basis for subscription fees in advance of our providing Yobi Services to you. All monthly fees, per minute charges, and fees for premium services shall be deducted from User's available balance on a monthly basis, and User shall authorize Yobi to replenish User's account balance as defined on our Schedule of Fees when User's available balance falls below the allowable default balance. We are not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Yobi. 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. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business. This may include on invoices, on your profile pages, and any other relevant pages where you conduct business.

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, or from or in connection with any User Content, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth herein. If you are obligated to indemnify us, we retain the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this Agreement.

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 to the Platform, Yobi Services, or your Account and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your Account resulting from your failure to secure your password.

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. Without limiting the foregoing, we make no representation or warranty about:

  • the Platform or Yobi Services;
  • the accuracy, reliability, availability, veracity, timeliness, or content of the Platform or any Yobi Services;
  • whether the Platform or Yobi Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading;
  • whether defects in the Platform or Yobi Services will be corrected;
  • whether the Platform or the Yobi Services or any data, content, or material will be preserved or backed up or whether business continuity arrangements are in place in respect of the Platform or Yobi Services;
  • the Platform or Yobi Services or infrastructure on which they are based, being free of errors or malicious code, being secure, being confidential, performing at any particular standard, or having any particular function.

We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer related to or resulting from participating or downloading materials in connection with the web or in connection with Yobi Services. Under no circumstances will we, or any of our affiliates, or distribution partners, be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Platform or the Yobi Services. No data, information or advice obtained by you in oral or written form from us or through or from our Yobi Services will create any warranty not expressly stated in these terms.

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;
  • any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  • any claim, damage, or loss that may be incurred by you as a result of any of your transactions involving the Platform;
  • any content provided by you or any Caller; or
  • any actions any Caller.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation. Wherever the law prohibits Yobi absolute exemption from liability, Yobi's total aggregate liability, under or in relation to any warranty or condition implied by law shall be limited to the aggregate sum total of fees paid to Yobi during the six months preceding the incident or claim by the User in connection with User's access to the Yobi Services or Platform.

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. In that event, the liability will be limited as far as legally possible under the applicable law. We may plead this Agreement in bar to any claim, action, proceeding, or suit brought by you against us for any matter arising out of any transaction or otherwise in respect of this Agreement.

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, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, in our sole discretion, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Yobi must be given by registered U.S. Mail.

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.

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