Terms of Service

Your Agreement with Yollo AI

Welcome to Yollo AI. This document outlines the binding legal agreement ("Terms") between you, the user, and Yollo AI Inc. ("Yollo AI," "we," "us," or "our"). These Terms govern your use of the Yollo AI mobile application ("App"), our website ("Website"), and all related content, tools, and features (collectively, the "Services").

By accessing or using our Services, you are confirming that you have read, understood, and agree to be bound by these Terms. If you do not agree, you are not permitted to use the Services.

If you are using the Services on behalf of an organization or company, you affirm that you have the authority to bind that entity to these Terms, and the terms "you" and "your" will refer to both you as an individual and the entity.

1. Geographic Availability and Restricted Jurisdictions

Yollo AI’s Services are intended for use only in jurisdictions where such services are legally permitted. Our Services are not available to, and are not intended for use by, individuals located in certain countries or regions, including but not limited to:

Mainland China
Cambodia
Iran
North Korea
Syria
Any other country or region where the provision, access, or use of our services would be illegal, restricted, or require governmental authorization.

We do not knowingly collect personal information from, or provide Services to, users located in these restricted jurisdictions. We implement reasonable technical and administrative measures, such as IP-based blocking, to prevent access from such regions; however, no system is entirely foolproof.

Any attempt to access or use the Services from a restricted jurisdiction, including but not limited to the use of VPNs, proxies, or other methods to circumvent geographic restrictions, is strictly prohibited. Users attempting to bypass these measures may have their access immediately suspended or terminated, and any associated personal information may be blocked, restricted, or deleted in accordance with applicable laws and our internal policies.

2. IMPORTANT: Dispute Resolution and Arbitration

These Terms include a mandatory arbitration clause and a waiver of class action rights. This means that by agreeing to these Terms, you agree to resolve any disputes with Yollo AI through binding, individual arbitration, not in a court of law. You waive your right to a jury trial and to participate in any class action lawsuit or class-wide arbitration. A limited right to opt out of arbitration is explained in the "Dispute Resolution" section below.

3. Your Account and Responsibilities

Eligibility: To use our Services, you must be at least 13 years of age (or 16 years of age if you are a resident of the European Union). By creating an account, you confirm that you meet this age requirement.
Account Security: You are solely responsible for all activities that occur under your account. Keep your password confidential and secure. You must notify us immediately of any unauthorized use of your account or any other breach of security. Yollo AI is not liable for any loss or damage resulting from your failure to protect your account.
Service Usage and Storage Limits: We may establish operational limits concerning the use of our Services, such as the duration for which we retain your generated content or the amount of storage space allocated to you. We are not responsible for the deletion or failure to store any data. We also reserve the right to deactivate accounts that remain inactive for an extended period. These limits may change at our discretion.
Electronic Communications: You agree to receive electronic communications from us, such as account notifications, service updates, or promotional information, at the email address you provide.

4. Rules of Conduct and Content Standards

Your use of the Services is subject to our Community Guidelines and the following rules. You are fully responsible for any text, images, videos, or other materials you upload, create, or share ("Content").

A. Prohibited Content for AI Generation and General Use

Our generative AI tools are for creative and positive purposes. You agree not to create, upload, or distribute any Content that:

Violates the intellectual property rights (copyright, trademark, etc.) or other proprietary rights of any party.
Is sexually explicit, pornographic, or depicts nudity or sexual acts in a non-artistic or harmful context. This includes creating non-consensual intimate imagery of any person.
Constitutes hate speech, harassment, bullying, or promotes discrimination or violence against individuals or groups based on race, ethnicity, religion, gender, age, sexual orientation, or disability.
Glorifies self-harm, suicide, or eating disorders.
Promotes terrorism, violent extremism, or illegal activities.
Constitutes defamation, libel, or intentionally false information intended to harm others.
Violates the privacy or security of any person.
Is part of an unsolicited commercial promotion, such as spam, junk mail, or pyramid schemes.

B. Prohibited Actions

In using the Services, you agree not to:

Reverse engineer, decompile, disassemble, or attempt to discover the source code of our Services.
Use data mining, robots, scraping, or similar automated methods to extract data from the Services.
Interfere with or disrupt the operation of our Services, servers, or networks.
Impersonate any person or entity or misrepresent your affiliation with them.
Attempt to bypass any security measures we have in place.
Use the Services to solicit personal information from minors.
Use our voice or audio features to create "deepfakes" or impersonations intended to deceive, defraud, or harm others.
Provide professional advice (e.g., medical, legal, or financial) through AI-generated content.
Lease, sell, or sublicense any part of the Services.

We reserve the right to investigate any potential violations. If we determine, in our sole discretion, that you have violated these rules, we may remove your Content, suspend or terminate your account, and report your activities to law enforcement authorities.

5. Intellectual Property Rights

Your Content: You retain ownership of the intellectual property rights you already hold in the Content you submit. However, by submitting Content to our Services, you grant Yollo AI a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, distribute, and display that Content for the purposes of operating, improving, and promoting our Services.
AI-Generated Creations: As between you and Yollo AI, you own the specific AI-generated text, images, or videos ("Creations") that you produce using the Services. You grant Yollo AI the same broad license to your Creations as described above, which allows us, among other things, to facilitate other users' interactions with AI characters you might create and to promote the Services. If you interact with an AI character created by another user or by Yollo AI, you own the Creations you elicit, but not the underlying character itself.
Our Intellectual Property: The Services, including all software, text, graphics, and our trademarks (the "Yollo AI Trademarks"), are the exclusive property of Yollo AI and are protected by law. You are not granted any right or license to use our intellectual property except as expressly permitted in these Terms.
Third-Party Material: We are not liable for any Content created or shared by third parties on our Services. AI-generated content can be unpredictable, inaccurate, or offensive. You agree to evaluate and bear all risks associated with using any Content or Creations on the Services.

6. Copyright and DMCA Policy

We respect intellectual property rights. If you believe your copyrighted work has been infringed upon, please send a written notification ("DMCA Notice") to our designated agent containing:

Your physical or electronic signature.
A description of the copyrighted work you claim has been infringed.
The location of the allegedly infringing material on our Services.
Your contact information (address, phone number, email).
A statement that you have a good-faith belief that the use is not authorized.
A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on their behalf.

DMCA Notices can be submitted through the "Help Center" on our website or mailed to our designated agent. If your Content was removed due to a DMCA Notice, you may submit a counter-notice by following the procedures outlined in the DMCA. We maintain a policy of terminating the accounts of repeat infringers in appropriate circumstances.

7. Premium Subscriptions

Billing and Renewal: Our premium memberships are offered on a subscription basis (e.g., weekly, monthly, yearly). Subscriptions are billed on a recurring basis. You will be automatically charged at the start of each billing cycle to the payment method you provide, unless you cancel.
Payment Issues: If a payment fails due to an expired card, insufficient funds, or another reason, we may suspend your access to premium features until a valid payment is processed.
Cancellation: You may cancel your subscription at any time by contacting customer support. Your access to premium features will continue until the end of the current billing period, but you will not receive a refund for that period. To avoid future charges, you must cancel before your next renewal date.

8. Disclaimers and Limitation of Liability

Disclaimer of Warranties: YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOLLO AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, YOLLO AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR DATA. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO YOLLO AI IN THE PAST SIX MONTHS.

9. Indemnification

You agree to indemnify, defend, and hold harmless Yollo AI, its affiliates, and their respective officers, directors, and employees from any and all claims, losses, damages, expenses, and liabilities (including reasonable attorneys' fees) arising out of or related to your use of the Services, your Content, or your violation of these Terms.

10. Dispute Resolution by Binding Arbitration

Mandatory Arbitration: You and Yollo AI agree to resolve all disputes exclusively through final and binding arbitration, administered by JAMS under its Streamlined Arbitration Rules. This applies to all claims arising out of or relating to these Terms or our Services, except for small claims court matters.
No Class Actions: ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU AND YOLLO AI AGREE NOT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED ARBITRATION. The arbitrator may only award relief to the individual party seeking it.
Opt-Out Right: You may opt out of this arbitration agreement. To do so, you must send a written notice to us within 30 days of first accepting these Terms. Your notice must clearly state your intent to opt out.
Procedure: Before initiating arbitration, you must first send us a written Notice of Dispute. If the dispute is not resolved within 60 days, either party may commence arbitration. The arbitration will be held in San Francisco, CA, or another mutually agreed-upon location.

11. Termination of Services

We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Services at any time, for any reason, including for violating these Terms. You agree that we are not liable to you or any third party for any such termination. Termination does not extinguish our rights to your Content under the license you granted us.

12. General Provisions

Complete Agreement: These Terms constitute the entire agreement between you and Yollo AI, superseding any prior agreements.
Governing Law: These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles.
Severability: If any provision of these Terms is found to be invalid, the remaining provisions will continue in full force and effect.
No Waiver: Our failure to exercise or enforce any right in these Terms does not constitute a waiver of that right.
Assignment: We may assign these Terms without restriction. You may not assign these Terms without our prior written consent.

13. Changes to These Terms

We may modify these Terms at any time. We will post the updated version on this page and indicate the date of the last revision. Changes will become effective 14 days after being posted, unless they are for new features or legal reasons, which will be effective immediately. Your continued use of the Services after the effective date constitutes your acceptance of the new Terms.

14. Contact Information

For questions about these Terms, please visit our website and contact us through our feedback portal: https://www.yollo.ai/contact-us

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