Terms of Use

Effective Date of Last Revision: May 11, 2024

Thank you for using Yola!

These Terms of Use apply to your use of Yola's services, including our application programming interfaces, software, tools, developer services, data, documentation, and website (collectively, the "Services"). By using our Services, you agree to be bound by these Terms. Our Privacy Policy explains how we collect and use personal information.

1. Registration and Access If you are under 18 years of age, you must obtain permission from your parent or legal guardian to use this Service. If you are using this Service on behalf of another person or entity, you must have the authority to bind them to these Terms. You must provide accurate and complete information to register for an account. You may not share your access credentials or account with anyone outside of your organization, and you are responsible for all activities that occur under your credentials.

2. Use Requirements (a) Use of Services. You may access and use the Services, and we grant you a non-exclusive right to use the Services. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

(b) Feedback. We welcome feedback, comments, ideas, suggestions, and proposals. If you provide any such content, we may use it without restriction and without any obligation to compensate you.

(c) Restrictions. You may not: (i) use the Services in any way that infringes, misappropriates, or violates any person's rights; (ii) reverse engineer, decompile, disassemble, translate, or otherwise attempt to discover the source code or underlying components of the Services' models, algorithms, and systems (except to the extent such restrictions are prohibited by applicable law); (iii) use the output of the Services to develop a model that competes with Yola; (iv) use any automated or programming methods to extract data or output from the Services, including scraping, web harvesting, or web data extraction, unless allowed through the API; (v) represent that the output of the Services is human-generated when it is not, or otherwise violate our usage policies; (vi) purchase, sell, or transfer an API key without our prior consent; or (vii) send any personal information of children under 13 years old or the age of digital consent applicable in your jurisdiction. You will comply with any rate limits and other requirements in our documentation.

(d) Third-Party Services. Any third-party software, services, or other products associated with the Services are subject to their own terms, and we are not responsible for third-party products.

3. Content (a) Your Content. You may provide input ("Input") to the Services, and the output generated and returned based on the Input ("Output") (collectively, "Content"). Between the parties and to the extent permitted by applicable law, you own all Input. Yola may use the Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for the Content, including ensuring it does not violate any applicable law or these Terms.

(b) Accuracy. Artificial intelligence and machine learning are rapidly evolving research fields. We continuously strive to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, the use of our Services may result in incorrect outputs in some cases, which may not accurately reflect real individuals, places, or facts. You should appropriately evaluate the accuracy of any output for your use case, including by manually reviewing the output.

4. Fees and Payment (a) Fees and Billing. You will pay all fees ("Fees") based on the prices and terms on the applicable pricing page or as per a written agreement between us, whichever is applicable. We reserve the right to correct pricing errors or mistakes, even if we have issued an invoice or received payment. You will provide complete and accurate billing information, including a valid and authorized payment method. We will charge your payment method on a periodic basis as agreed, but we may reasonably change the date of the charge. You authorize Yola and its affiliates, as well as third-party payment processors, to charge your payment method. If your payment is not completed, we will provide you with written notice and may suspend access to the Services until payment is received. Except as provided in this Agreement, payments are non-refundable.

(b) Taxes. Unless stated otherwise, Fees do not include federal, state, local, and foreign taxes, duties, and similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchases, other than taxes based on our net income, for which we may invoice you. You agree to pay such Taxes promptly and to provide us with legally sufficient privacy declarations and obtain the necessary consent to process such data, and to ensure that you are processing such data in accordance with applicable law.

(c) Price Changes. We may change our prices by posting a notice on your account and/or our website. Price increases will take effect 14 days after posting, except for legal reasons or for Beta services (as defined in our service terms), which will take effect immediately. Any price changes will apply to your account's Fees immediately upon the effective date of the change.

(d) Disputes and Overdue Payments. If you dispute any fees or taxes, please contact us at [e-mail] within thirty (30) days of the invoice date.

(e) Free Tier. You may not create multiple accounts to obtain the credit provided by the free tier. If we believe you are using the free tier in bad faith, we may charge you standard fees or stop providing access to the services.

5. Confidentiality, Security, and Data Protection (a) Confidentiality. You may have access to confidential information of Yola, its affiliates, and other third parties. You may use confidential information only as specified in these Terms for the purpose of using the Services under these Terms. You may not disclose confidential information to any third party and must protect it with at least the same degree of care as you would use to protect your own confidential information of similar nature. Confidential information is non-public information that is designated as confidential by Yola or its affiliates or third parties, or that reasonably should be considered confidential given the circumstances, including software, specifications, and other non-public business information. Confidential information does not include information that: (i) becomes generally available to the public without your fault; (ii) was already in your possession without any confidentiality obligations when received under these Terms; (iii) is lawfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using confidential information. You may disclose confidential information when required by law or a court or other governmental entity, provided that you give Yola reasonable prior written notice and take reasonable efforts to limit the scope of the disclosure, including assisting us in opposing the disclosure request.

(b) Security. You must implement reasonable and appropriate measures designed to help ensure the security of your access to and use of the Services. If you discover any vulnerabilities or misconduct related to your use of the Services, you must promptly contact Yola and provide detailed information about the vulnerability or misconduct.

(c) Processing of Personal Data. If you use the Services to process personal data, you must provide a legally sufficient privacy notice and obtain the necessary consent to process such data, and you must ensure that you are processing such data in accordance with applicable law.

6. Term and Termination

(a) Termination; Suspension. These Terms are effective upon your first use of the Services and will continue in effect until terminated. You may terminate these Terms at any time for any reason by ceasing to use the Services and content. We may terminate these Terms for any reason by providing you with at least 30 days' advance notice. If you violate Section 2 (Use Requirements), Section 5 (Confidentiality, Security, and Data Protection), Section 8 (Dispute Resolution), or Section 9 (General Provisions), or if there is a change in our relationship with a third-party technology provider that we cannot control, or to comply with legal or government requirements, we may immediately terminate these Terms by notifying you. If you do not comply with these Terms, or if your use poses a security risk to us or any third party, or if we suspect that your use is frausatisfaction, quality, non-infringement, and any warranties related to transactions or the use of trade. We do not warrant that the Services will be uninterrupted, accurate, or error-free, or that any content will be secure, not lost, or not altered.

(c) Limitation of Liability. Neither we nor any of our affiliates or licensors shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, use, data, or other losses, even if we have been advised of the possibility of such damages. Our total liability under these Terms shall not exceed the greater of the fees paid by you to the Services in the 12 months prior to the claim or one hundred dollars ($100). The limitations in this section apply to the fullest extent permitted by applicable law.

8. Governing Law and Jurisdiction These Terms will be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms will be brought exclusively in the courts located in Tokyo, Japan, and you agree to submit to the personal jurisdiction of those courts.

9. General Provisions (a) Relationship of the Parties. These Terms do not create a partnership, joint venture, or agency relationship between you and Yola or any of Yola's affiliates. Yola and you are independent contractors, and neither party has the authority to bind the other or to incur obligations on the other's behalf without prior written consent.

(b) Brand Use. You may not use the name, logo, or trademark of Yola or any of its affiliates without our prior written consent.

(c) Notices. All notices must be in writing. We may use the contact information you provided upon registration or associated with your use of the Services to notify you. If delivered by email, the date of receipt will be deemed the date of delivery; to the attention of [e-mail].

(d) Waiver and Severability. If Yola does not enforce any provision of these Terms, that does not mean Yola is waiving its rights. If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be enforced to the greatest extent possible, and the remaining provisions will remain in full force and effect.

(e) Complete Agreement. These Terms and any policies incorporated herein constitute the entire agreement between you and Yola regarding the use of the Services, and supersede any prior agreements, communications, or understandings, except for any specific terms of service for the Services or any applicable enterprise agreement.

10. Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Please note that the email address "[e-mail]" is likely a placeholder and should be replaced with the actual contact email address for Yola's support team. Additionally, ensure that all legal and regulatory requirements are met when implementing terms of service for your specific region or industry.