Terms of Service

Last modified: October 15, 2023
1. Introduction

These Terms of Use ("Terms") serve as the governing framework for the usage of our Service and establish the legal relationship between the entity utilizing our Service and YoChats. ("Company"). The Company operates the web pages located at yochats.com ("Website") and provides the Service, as defined in Section 2 below. The Service is designed to assist professional entities in their business endeavors. By accessing and using the Website and/or the Service, including the Account registration process, the User or Guest confirms that they have (i) read, comprehended, and accepted the provisions outlined in the Terms and Privacy Policy, (ii) possess the necessary age and legal capacity to enter into an agreement with the Company, and (iii) are authorized to represent the entity they act on behalf of, and their declarations hold legal validity. If the User does not agree to abide by these Terms, they should refrain from using the Service. In such an event, the User may contact the Company for resolution by emailing app@yochats.com. We are committed to finding a suitable solution.

2. Definitions

Unless specified otherwise, the capitalized terms in this document carry the following meanings:

2.1. Account refers to the personalized dashboard that allows the User to access and utilize the Service and/or the Website.
2.2. Agreement denotes a subscription agreement that may be established between the User and the Company, outlining the terms and cost associated with using the Service.
2.3. API stands for the YoChats application programming interface, designed for integration with the User's software.
2.4. Company refers to YoChats, the entity providing this service.
2.5. Content encompasses all materials, including text, images, and other forms of expression, that the Guest or User publishes, presents, or transmits on the Website or through the Service.
2.6. Device includes electronic equipment like computers, phones, smartphones, tablets, or any other devices that enable access to web pages.
2.7. Guest denotes an entity that is browsing the Website.
2.8. Intellectual Property encompasses any intellectual creations, inventions, utility models, industrial designs, works, and other forms of creative expression protected by the Company's exclusive rights.
2.9. License represents a non-exclusive right for personal use of the API and/or the Widget.
2.10. Link refers to a hyperlink directing to other websites.
2.11. Mobile Device encompasses portable devices like phones, smartphones, tablets, or other electronic equipment used to access the Website and/or the Service.
2.12. Notification represents messages sent to the User as part of the Service.
2.13. Other Websites refers to websites apart from the Website.
2.14. Password denotes the User's anonymized verification tool, enabling access to the Account. It is a sequence of characters entered using the computer or Mobile Device keyboard, and must contain a minimum of 8 characters.
2.15. Privacy Policy refers to the document that defines the rules for processing personal data by the Company, available at https://www.yochats.com/privacy.
2.16. Service encompasses the Website, Widget, and/or the API, based on the specific scope assigned to a given User in their Agreement.
2.17. Terms refers to these terms of service, accessible at https://www.yochats.com/terms.
2.18. User denotes an individual or entity that owns an Account on the platform.
2.19. Website Refers to the web pages hosted at yochats.com.
2.20. Widget denotes a YoChats widget that can be integrated into the User's website.
The definitions provided above maintain their meanings, whether expressed in singular or plural forms.

3. General Rules

By utilizing the Service, you signify your complete acceptance of these Terms of Use. These Terms exclusively pertain to the relationship between the Company and the Guest or the User. In the event that the Service and/or the Website introduces the potential for services offered by third-party entities, such services will be governed by the regulations provided by those entities, with sole responsibility for service execution resting upon them, unless the Terms explicitly state otherwise. All entities using the Service and/or the Website are obligated to adhere to their intended use as specified in these Terms.

Accessing the Website is permissible provided that your Device fulfills the following minimum technical requirements:
1. It possesses Internet connectivity
2. It allows the operation of one of the following web browsers:
a. Google Chrome
b. Opera
c. Firefox
d. Safari
e. Microsoft Edge
3. The version of the web browser being used is not more than 3 years old
4. JavaScript is enabled

For use of the API, the following minimum technical requirements must be met:
1. Internet access is available
2. Software capable of sending HTTP requests is installed

To utilize the Widget, your device should meet these minimum technical requirements:
1. Internet access is available
2. It allows the operation of one of the following web browsers:
a. Google Chrome
b. Opera
c. Firefox
d. Safari
e. Microsoft Edge
3. The version of the web browser being used is not more than one year old
4. JavaScript is enabled

It is advisable to install antivirus software on your Device or Mobile Device for added security.

4. Account

You can establish an account on our Website. The process involves either logging in through your Google account or registering by providing a personal email and password. When creating an account, it's essential to furnish us with accurate, complete, and up-to-date information. Any inaccuracies, omissions, or outdated details may lead to the immediate termination of your account on the Website and the associated services.You are responsible for safeguarding the confidentiality of your account and password, including controlling access to your device or mobile device and/or account. You accept responsibility for all activities or actions undertaken using your account and/or password, whether related to our Website and services or a third-party platform. Should you become aware of any security breach or unauthorized use of your account, please notify us promptly.As for your username, it must not infringe upon the rights of others, use a name that belongs to someone else or is not legally available for use without proper authorization. Offensive, vulgar, or obscene usernames are not permitted.

5. Communications

By registering an account, you are consenting to receive our newsletters, marketing or promotional materials, and any other relevant information that we may transmit.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotional activities (referred to collectively as "Promotions") offered via the Service or Website may be subject to distinct regulations outlined in the Agreement, should one be established. Should you decide to engage in any Promotions, we urge you to carefully examine the pertinent rules, along with our Privacy Policy. In cases where the rules of a Promotion clash with these Terms, the rules of the Promotion shall take precedence.

7. Subscriptions

Certain aspects of our service are subject to subscription-based billing ("Subscriptions"). You will be charged in advance on a recurring and periodic basis, known as the "Billing Cycle." The duration of billing cycles is determined by the type of subscription plan you choose when purchasing a Subscription, with options for monthly or annual billing. At the end of each Billing Cycle, your Subscription will automatically renew under the same terms unless you decide to cancel it or the Company terminates it.

To cancel your Subscription renewal, you can do so via your Account or by reaching out to our customer support team at app@yochats.com. A valid payment method, such as a credit or debit card, Apple Pay, or Google Pay, is required to process your subscription payment. You must furnish the Company with accurate and complete billing information, including:
– Your full name
– Email address
– Country
– Legal entity name for businesses
– VAT tax numbervalid payment method details.
By submitting this payment information, you are granting the Company authorization to charge all Subscription fees incurred through your Account to the provided payment instruments.

If automatic billing fails for any reason, the Company will issue an electronic invoice, specifying that you must make the full payment for the billing period manually by a certain deadline mentioned in the invoice. We retain the right to decline or cancel your order at any time for various reasons, including but not limited to service availability, errors in the service's description or pricing, inaccuracies in your order, or other grounds. We also reserve the right to reject or annul your order if there is suspicion of fraud or an unauthorized or unlawful transaction. Please note that the Company is not responsible for any additional fees, such as taxes, imposed by the authorities in the country where the individual placing an order resides or is situated. The responsibility for paying these additional fees rests with the person making the order.

8. Fee Changes

The Company reserves the right to adjust Subscription fees for its Subscriptions at its sole discretion and at any time. Any changes to Subscription fees will take effect at the conclusion of the ongoing Billing Cycle. The Company will offer you ample prior notification of any alterations to Subscription fees, giving you the opportunity to cancel your Subscription before the new fees become applicable. Should you choose to continue using the Service after the revised Subscription fee is implemented, it indicates your acceptance of the updated fee structure.

9. Refunds

Paid subscription fees are generally non-refundable unless mandated by applicable legal requirements.

10. Content

Our Service and Website enable you to publish, link, store, distribute, and share various types of information, such as text, graphics, videos, or other materials (referred to as "Content"). You bear the responsibility, particularly towards your customers, for the Content you publish on the Service, including its legality, reliability, and appropriateness. By posting Content on the Service or Website, you affirm and guarantee that:
1. The Content belongs to you (you have ownership rights), or you possess the necessary rights to use it and grant us the rights and licenses outlined in these Terms;
2. The act of posting your Content on the Service does not infringe upon the privacy, publicity, copyright, contractual, or any other rights of any individual or entity.

We reserve the right to terminate the account of any User found to be infringing on copyrights. You retain all your rights to any Content you submit, post, or display on the Service or Website, and it's your responsibility to safeguard those rights. We do not assume any responsibility or liability for the Content posted by you or any third party on the Service.

11. Prohibited Uses

You are only permitted to use the Service or Website for lawful purposes and in strict adherence to these Terms. By using the Service or Website, you expressly agree not to engage in any of the following activities:
1. Violating any applicable national or international laws or regulations.
2. Exploiting, harming, or attempting to exploit or harm minors in any way, such as by exposing them to inappropriate content or otherwise.
3. Transmitting or soliciting the sending of any advertising or promotional materials, including but not limited to "junk mail," "chain letters," "spam," or any other similar forms of solicitation.
4. Impersonating, or attempting to impersonate, the Company, a Company employee, another User, or any other individual or entity.
5. Engaging in any activities that infringe upon the rights of others or are illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purposes or activities.
6. Participating in any other conduct that restricts or inhibits the use or enjoyment of the Service or Website by anyone, or which, as determined by us, may harm or offend the Company or other Users of the Service or Website or expose them to liability.

In addition to the above, you also agree not to:
1. Use the Service and Website in a manner that could disable, overburden, damage, or impair the Service or Website or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service or Website.
2. Utilize any automated tools like robots, spiders, or other automatic devices, processes, or means to access the Service or Website for any purpose, including monitoring or copying any of the materials on the Service or Website.
3. Employ any manual processes to monitor or copy any of the materials on the Service or Website or for any other unauthorized purpose without obtaining our prior written consent.
4. Use any device, software, or routine that interferes with the proper functioning of the Service or Website.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service or Website, the server on which the Service or Website is hosted, or any server, computer, or database connected to the Service or Website.
7. Launch a denial-of-service attack or a distributed denial-of-service attack against the Service or Website.
8. Take actions that could damage or manipulate the Company's rating or reputation.
9. Otherwise attempt to interfere with the proper functioning of the Service or Website.

12. Analytics

To enhance our Service and Website, we employ third-party service providers for the purpose of monitoring and analyzing usage.

12.1. Google Analytics
One such provider is Google Analytics, a web analytics service delivered by Google. Google Analytics is responsible for tracking and presenting reports on website traffic. The data gathered is utilized by Google to oversee the usage of our Service and Website. Additionally, this information may be shared with other Google services. Google may employ this collected data to tailor and personalize advertisements within its advertising network. For a deeper understanding of Google's privacy practices, we recommend visiting the Google Privacy.

Terms web page at:
https://policies.google.com/privacy?hl=en
Furthermore, we encourage you to peruse Google's policy on data protection, accessible here:
https://support.google.com/analytics/answer/6004245

13. Intellectual Property

13.1. Ownership and Intellectual Property
The Service, the Website, and all their original content (excluding Content), features, and functionality are and shall remain the exclusive property of the Company and its licensors. These assets are safeguarded by applicable copyright, trademark, and other relevant laws of both the Cyprus jurisdiction and foreign countries. The use of our trademarks and trade dress in connection with any product or service is strictly prohibited without the prior written consent of the Company. Users, including Guests and Subscribers, do not acquire any rights to the Intellectual Property, except as permitted by applicable copyright laws.
13.2. Subscription License
Upon the purchase of a Subscription, the User is granted a limited, non-transferable, revocable, and non-exclusive License to use the Service, subject to the terms and conditions of the Subscription. This License is valid for a duration in accordance with the Subscription terms and is exclusively for personal use. Users are not entitled to sublicense the License. The License allows for the following forms of exploitation:Subscribing and installing the Service on the User's website and/or software.Using the Service to serve the User's customers.
13.3. Restrictions
Users are strictly prohibited from modifying, reverse engineering, decompiling, disassembling, or attempting to derive the source code from the Service or the Website or any part thereof. Additionally, Users are not permitted to create and/or publish APIs or facilitate proxy access to the Service or the Website. Automated usage of the Service or the Website, whether through machines or computer programs, is not allowed.
13.4. Compliance with Copyright Laws
Users must adhere to the authorized personal use conditions as specified in the relevant copyright laws when using the Intellectual Property.Any violation of these terms may result in the revocation of the License and legal action.

14. Copyright Policy

We value and uphold the intellectual property rights of all individuals and entities. Our commitment is to promptly address any claim asserting that Content, whether through the use of our Service or on our Website, violates copyright or other intellectual property rights (referred to as "Infringement"). If you are a copyright owner or are authorized to act on their behalf and believe that copyrighted material has been used in a manner constituting copyright infringement, please submit your claim via email to app@yochats.com. In your email, please use the subject line "Copyright Infringement" and ensure your claim includes a comprehensive description of the alleged Infringement. We will follow the procedures and guidelines set forth by Cyprus law regarding copyright infringement claims. It's important to note that making false or bad-faith claims regarding the infringement of any Content accessible through our Service or Website may result in accountability for damages, which may encompass associated costs and legal fees.

15. Copyright Infringement Claims and Notification Procedure

You may file a copyright infringement notification as per the applicable copyright laws by providing our Copyright Agent with the following written information:
1. An electronic or physical signature of the person authorized to represent the copyright owner's interests.
2. A description of the copyrighted work that you allege has been infringed, including the URL (i.e., web page address) where the copyrighted work is located or a copy of the copyrighted work.
3. Identification of the specific location on our service where the allegedly infringing material can be found.
4. Your address, telephone number, and email address.
5. A statement asserting that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, confirming the accuracy of the information in your notice and that you are either the copyright owner or authorized to act on their behalf.

To reach our Copyright Agent, please contact us via email at app@yochats.com.

16. Error Reporting and Feedback

The Cyprus Legal Entity strives, to the best of its capabilities, to provide support to Guests and Users in resolving issues related to the operation of our Service. We are committed to taking actions to enhance the quality and functionality of the Service, based on the input and feedback provided by these individuals.

You have the option to directly share information and feedback with us at app@yochats.com regarding errors, suggestions for improvements, ideas, problems, complaints, and any other matters pertaining to our Service ("Feedback"). By doing so, you acknowledge and agree to the following:
– you do not retain, acquire, or assert any intellectual property or other rights in the Feedback;
– the Company may have development ideas similar to the Feedback;
– the Feedback does not contain confidential or proprietary information from you or any third party;
– the Company is not bound by any confidentiality obligation concerning the Feedback.

If, due to mandatory laws, the transfer of ownership of the Feedback is not possible, you grant the Company and its affiliates an exclusive, transferable, irrevocable, cost-free, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose, including copying, modifying, creating derivative works, publishing, distributing, and commercializing it.

17. Links to Other Websites

Our Service and/or Website may include links to external websites that are not under the ownership or control of our Company. We want to make it clear that our Company holds no authority over, and assumes no responsibility for the content, privacy policies, or practices of these external websites. We do not guarantee the quality or reliability of the services or products offered by these entities or individuals, nor do we vouch for the content on these external websites. By using our Service or Website, you acknowledge and agree that our Company cannot be held responsible or liable, whether directly or indirectly, for any damages or losses that may arise, or are alleged to have arisen, due to the use of or reliance on the content, goods, or services available on or through these external websites. We strongly recommend that you review the Terms of Service and Privacy Policies of any external websites you choose to visit.

18. Disclaimer of Warranty

The services offered by the company are provided on an "as-is" and "as-available" basis. The company does not make any explicit or implied representations or warranties concerning the operation of their services, or the accuracy, quality, security, or completeness of the information, content, or materials within them. By using the services, you expressly acknowledge that you do so at your own risk. Neither the company nor any of its affiliates make any guarantees regarding the accuracy, reliability, error-free nature, or uninterrupted availability of the services, their content, or any items acquired through them. Furthermore, there is no assurance that defects will be corrected or that the services and their hosting server will be free from viruses or other harmful components. The company also does not promise that the services or any items obtained through them will meet your specific needs or expectations. The company hereby disclaims all warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

19. Limitation of Liability

The company is not responsible for any problems that may arise from following the tips, articles, or other content on the website or the service, including content provided by the AI computer. You should be aware that the AI computer is not an expert and may make mistakes, so you shouldn't rely on its answers or advice, especially for professional recommendations.The company is not responsible for any issues that may occur when using the service and the content it provides to your customers. We are not liable for any harmful software, phishing, or actions taken by other entities on the service. We are also not responsible for service interruptions or events beyond our control, like power outages, fires, wars, or strikes.Unless prohibited by law, you agree not to hold us or our employees responsible for any indirect, punitive, special, incidental, or consequential damages, regardless of how they occur. This includes attorney's fees and any legal costs, even if we've been warned about the possibility of such damages. If we are found liable, our responsibility is limited to the amount you paid for the services, and we won't be responsible for consequential or punitive damages. Note that some states may not allow such limitations or exclusions.

20. The Guest’s/User’s Liability

The Guest or User is responsible for what happens when they share content from the Website or the Service, whether it's authorized or not. This especially applies to Intellectual Property. If there are any claims against the Company related to this, the Company won't be held responsible. The User is the one responsible for any content they share with their customers while using the Service.

21. Service breaks

The company can't promise that the Service and the Website will always be available. They can temporarily stop the Website or the Service or some of their features. If they plan to do that, they'll let you know at least 3 days before by posting a message on the Website or sending an email. If there are unexpected issues, they'll also tell you right away through a message on the Website or an email. When you agree to the rules, you're also agreeing that the Services might not be 100% reliable.

22. Personal Data Protection and Security

The company takes care of your personal information and makes sure it's safe with the right security measures. You can find more details about how we protect your personal information in our Privacy Policy. We can't be responsible for keeping your customers' personal information safe when they use our service. We also can't be responsible for how other websites handle personal information and privacy, even if we link to them. If you visit these other websites or share your personal information on them, we won't be responsible for any problems that might cause. Before you start using other websites, especially if you're going to share your personal information or important details, we recommend checking their rules for personal information and privacy.

23. Termination

We can stop or temporarily stop your Account and prevent you from using the Service right away, without telling you beforehand or taking responsibility, because we decide so, for any reason, including if you break the rules. If you want to stop using the Service, just stop using it. Certain parts of the rules will still apply even after you stop using the Service, like who owns what, the promises we don't make, promises to cover our back, and limits on how much we're responsible for.

24. Governing Law

These terms will be governed by the laws of Cyprus, regardless of any conflicting rules. If we don't enforce any part of these terms, it doesn't mean we give up that right. If a court finds any part of these terms invalid or unenforceable, the rest of the terms still apply. These terms are the complete agreement between us for our service and replace any previous agreements we had about the service.

25. Changes To Service

We can change or stop our service or anything we offer on it whenever we want, without telling anyone. If, for any reason, our service is not available for some time, we're not responsible. Occasionally, we might limit access to certain parts of our service, or even the whole thing, for users, including those who are registered.

26. Amendments To Terms

We can change the Terms anytime by putting the new terms on this website. It's your job to check these Terms from time to time. If we put out new Terms and you keep using the Platform, it means you accept the changes. You should keep an eye on this page to know if anything changes because you have to follow the new rules. If you use our Service after we make changes, you agree to follow the new terms. If you don't like the new terms, you can't use the Service anymore. If there's a conflict between these Terms and the Agreement (if you made one), the Agreement rules. This also applies to any changes in these Terms mentioned in the Agreement.

27. Waiver And Severability

The company won't give up any rule in the terms. If the company doesn't use a right or rule from the terms, it doesn't mean they've given up that right or rule. If a court decides that one rule in the terms isn't valid, the other rules will still apply as much as they can.

28. Acknowledgement

When you use our service or any other services we offer, you are saying that you have read our terms of service and agree to follow them.

29. Contact Us

If you want to get in touch with the company, just send an email to: app@yochats.com.