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.
- 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.
- “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.
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.
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.
- 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.
- 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 submitted within 30 days of the applicable billing date or are deemed waived.
You are responsible for paying any taxes that accrue to you by your use of the Platform, including without limitation any goods and services or value-added taxes. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction, including, without limitation, any and all applicable state and federal taxes.
We may display your company or business name, logo, images, and other media as part of the Platform and our marketing materials, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.
Yobi Services and the Platform constitute Yobi’s intellectual property and will remain the exclusive property of Yobi and its licensors.
You represent and warrant that the User Content:
- will not infringe upon or misappropriate any Intellectual Property Right or right of publicity or privacy of Yobi or any third party; and
- will not violate any applicable law or regulation.
Using the Platform’s functionality for deleting, hiding, or otherwise disposing of information does not imply permanent deletion of content or information. Information may be retained by us for a period of time for any reason.
- Refunds; Chargebacks
In the event of a billing dispute, you may ask for a refund in writing within 30 days of the applicable billing period or your dispute will be deemed waived. You may request a refund by contacting [email protected] Yobi may choose to grant your refund request, in its sole discretion, but it is not obligated to do so. We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (i) we are required by law or consider that we are required by law to do so; (ii) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (iii) we refund funds to the User in accordance with any refund policy specified by us from time to time; (iv) we determine that the original payment made by the User is fraudulent; or (v) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You expressly agree not to initiate any chargeback request with your card issuer. If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement to these Terms, in order to defeat any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery. If a valid, settled transaction is disputed through the processing bank as a “chargeback”, and the transaction is reversed, the amount of that transaction and a fifty dollar processing fee will be deducted from the current available balance of the corresponding Account.
If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit, or close your Account.
If you terminate your Account, the balance of unused funds will be preserved until User re-activates User’s Account. In the event of termination by User, upon request for a refund of the unused funds to [email protected], Yobi will refund such balance within a reasonable timeframe provided that, at the time of termination, the Account is in good standing.
- Right to Refuse Service
We may close, suspend, or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend, or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have infringed any third party’s legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent or illegal activities;
- to manage any risk of loss to us, or any other person; or
- for other reasons we may elect.
If we close your Account due to your breach of this Agreement, you may also become liable for certain fees as described in this Agreement.
Without limiting our other remedies, to the extent you have breached this Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (i) the damages that we will sustain as a result of your breach of this Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors, Callers, and other third parties and that those damages may be extremely difficult and impracticable to ascertain; and (ii) if you breach this Agreement, we may take legal action against you to recover losses.
If we close your Account for a reason other than as a result of your breach of this Agreement, unless as otherwise specified in this Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
If a dispute arises between you and Yobi, our goal is to address your concerns immediately and, if we are unable to do so, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at [email protected]
For any claim, Yobi may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Yobi elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Yobi will provide to you. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Yobi must be resolved in accordance with these Terms. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of these Terms. Should you file a claim contrary to these Terms, Yobi may recover its legal fees and costs (including but not limited to in-house lawyer and paralegal fees), provided that Yobi has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this Agreement on a class action or other representative basis, and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Yobi will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Yobi’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Survival and Release
This Agreement, including any addendums hereto, supersedes any other agreement between you and the Company and contains the entire understanding of the parties relating to the subject matter hereof.
If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. The waiver of any breach of any term, covenant or condition herein contained, or our failure to seek redress for the violation of, or to insist upon the strict performance of, any covenant or condition of this Agreement shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same.
We may assign any of our rights and obligations under this document from time to time.
If there is a dispute between User and any Caller, or between User and any third party, the Yobi is under no obligation to become involved. In the event that you have a dispute with one or more other Callers, you release Yobi, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes, the Platform, and Yobi services. If you are a California resident or entity, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
- Access and Interference
You shall not:
- use any robot, spider, scraper, or other automated means to access the Platform;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used (by you or us) in relation to the Platform or your Account;
- interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
- bypass our robot exclusion functions or other measures we may use to prevent or restrict access to the Platform.
14. Termination; Suspension
Either party may terminate your Account for any reason upon 180 days written notice to the other party. Either party may also terminate this Agreement if the other party materially breaches this Agreement and fails to remedy such breach within five days after written notice of such breach.
Yobi may suspend your Account immediately without notice if:
- Yobi reasonably believes User has violated any provisions of these terms;
- your usage rates atypically increase to the extent that Yobi reasonably believes such traffic is either fraudulent or unreasonably negatively impacting the operating capability of the Yobi Services;
- you enter bankruptcy or dissolution proceedings, liquidation, or assignment for the benefit of creditors;
- the available balance in your Account falls to below zero dollars; or
- as otherwise provided in this Agreement.
Account termination is subject to your paying any outstanding fees or amounts owing on the Account. If there are unused funds in your Account at the time of termination, you may request a refund pursuant to Section 9 herein. Furthermore, upon User’s termination of its Account, User shall be required to confirm the release of all active phone numbers associated with User’s Account, and Yobi shall immediately cease connecting phone calls through phone numbers associated with User’s Account.
In its sole discretion, Yobi may delete all or some portion of User Content sixty days after Account termination. We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your Account does not necessarily delete or remove all of the information we hold.
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.
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.
- 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.
- 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.
- 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.
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.
- Governing Law
This Agreement will be governed in all respects by the laws of California, USA.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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.