Terms of Service

Last Updated: September 30th, 2022

Introduction

Welcome to Yaara Inc. (“Company”, “We”, “our”)! Please carefully read the following Terms of Service (“Terms”) page. These Terms of Service govern Your use of our Services. Our Website located at www.yaara.ai, our content generation Services accessible through app.yaara.ai, and any content generated by our content generation Services are collectively referred to as “Services”.

Agreement to Terms

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that You have read and understood Agreements, and agree to be bound by them. If You do not agree with (or cannot comply with) Agreements, then You may not use our Services. These Terms apply to all visitors, users and others who wish to access or use our Services. Thank you for being responsible.

Privacy Notice

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

Communications

By creating an Account on our Service, You agree to subscribe to newsletters, marketing or promotional materials and other information We may send. HoWever, You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at hello@yaara.ai.

Subscriptions

General

The company requires payment of a fee for use of the Services (or certain portions thereof) and You agree to pay such fees.

When You purchase a subscription for the Services (“Subscription”), You expressly authorize us (or our third-party payment processor) to charge You for such Subscription. We may ask You to supply additional information relevant to Your Subscription, including Your credit card number, the expiration date of Your credit card and Your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that You have the legal right to use all payment method(s) represented by any such Payment Information.

When You initiate a Subscription, You authorize us to provide Your Payment Information to third parties so We can complete the transaction related to Your Subscription and to charge Your payment method for the type of Subscription You have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify Your identity before completing Your Subscription (such information is included within the definition of Payment Information). By submitting such payment information, You automatically authorize Yaara Inc. to charge all Subscription fees incurred through Your account to any such payment instruments.

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations & Refunds

The company issues refunds for Subscriptions within five (5) days of the original purchase of the Contract with the condition that Your credit usage in those five days is less than 50% of the total credits provided to You at the start of the subscription. HoWever, after the five day period You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

But if something unexpected happens in the course of completing a transaction, We reserve the right to cancel Your transaction for any reason; if We cancel Your transaction We will refund any payment You have already remitted to us for such transaction.

Free Trial

The company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter Your billing information in order to sign up for Free Trial. If You do enter Your billing information when signing up for Free Trial, You will not be charged by Yaara Inc. until the Free Trial has expired. On the last day of Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, Yaara Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

The company, at its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The company will provide You with a reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Your right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

You retain any and all of Your rights to any Content You submit to the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
  • Our AI Service provider “Open AI” does not permit the generation of sexual, religious and political content and hence You are strictly prohibited from generating any such content. If even by mistake, You try to generate such content, our system will give You an error message of “Unsafe Content” the first time and this is to be considered the final warning. If You try to generate such content again, Your subscription will be canceled and You will be debarred from using our Services again and no refunds will be issued.

Additionally, You agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-Service attack or a distributed denial-of-Service attack.
  • Take any action that may damage or falsify Company ratings.
  • Otherwise attempt to interfere with the proper working of Service.

Feedbacks

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If You choose to submit Feedback, You agree that We are free to use it without any restriction or compensation to You.

Who may use the Services?

You may use the Services only if You are 18 years or older and capable of forming a binding contract with Yaara Inc., and not otherwise barred from using the Services under applicable law.

For certain features of the Services You will need an account. It is important that You provide us with accurate, complete and current account information and keep this information up to date. If You don’t, We might have to suspend or terminate Your account. To protect Your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under Your account.

Copyright Policy

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at hello@yaara.ai and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

‍DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at hello@yaara.ai. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a Web analytics Service offered by Google that tracks and reports Website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google Services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms Web page: https://policies.google.com/privacy?hl=en

We also encourage You to review Google's policy for safeguarding Your data: https://support.google.com/analytics/ansWer/6004245.

Mixpanel

Mixpanel is provided by Mixpanel Inc. You can prevent Mixpanel from using Your information for analytics purposes by opting-out. To opt-out of Mixpanel Service, please visit this page: https://mixpanel.com/optout/

For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

Links to Other Websites

Our Service may contain links to third-party Web sites or Services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web sites or Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Services available on or through any such Web sites or Services.

‍Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disclaimer of Warranty

These Services are provided by the Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their Services, or the information, content or materials included therein. You expressly agree that Your use of these Services, their content, and any Services or items obtained from us is at Your sole risk.

Neither Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the Services, their content, or any Services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any Services or items obtained through the Services will otherwise meet Your needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

‍Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by emailing at hello@yaara.ai