yellow.ai Terms of Service

Introduction

This website is operated by Bitonic Technology Labs Inc., and its subsidiaries and/or affiliates (collectively “yellow.ai”). This website, including all information, tools, and services available from this website offered to you is conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively the “Terms”). The Terms may have changed since your last visit to this website and/or to the products or service offerings of yellow.ai. By visiting this website and/ or purchasing our services, you agree to be bound by the following terms. These Terms apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website provides you with access to a variety of resources on our CX Automation Platform, yellow.ai, including documentation and other product information (collectively the “Documentation”), download areas, and other services (collectively “Web Services”), software, including developer tools and sample code (collectively “Software”), training courses and other learning materials (collectively, “Academy”), and Application Program Interface information (“APIs”). The Documentation, Web Services, Software, Academy, and APIs (including any updates, enhancements, new features, and/or the addition of any new web properties to the website) as detailed on this website, are subject to the Terms unless we have provided those items to you under more specific terms under a written agreement, in which case, those more specific terms will apply to the relevant item.

These Terms with the Privacy Policy govern your use of this website and its offerings. If you are using this website and/or products and services offered therein, on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these Terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization. We reserve the right to periodically revise these Terms. If a revision is a material, as determined solely by us, we will notify you via email or through pop-up notifications.

yellow.ai Software

The yellow.ai software is the copyrighted work of Bitonic Technology Labs Inc., and/or its suppliers. Use of the Software is governed by the terms of the license agreement that you have executed, or that accompanies or is included with the Software (“License Agreement”). Unless you have a valid License Agreement with yellow.ai that entitles you to do so, you may not resell, sublicense, or redistribute any Software made available to you on this website.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A VALID LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

FOR YOUR CONVENIENCE, WE MAY MAKE AVAILABLE ON THIS WEBSITE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS WEBSITE.

Trademarks

“yellow.ai Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations we use in connection with its products and services. You may not remove or alter any yellow.ai Trademarks, or co-brand your own products or material with yellow.ai Trademarks, without the prior written consent of yellow.ai. You acknowledge yellow.ai’s rights in the yellow.ai Trademarks and agree that any use of yellow.ai Trademarks by you shall inure to the sole benefit of yellow.ai. You agree not to incorporate any yellow.ai Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or internet-related products, services or technologies.

yellow.ai Academy

The training courses and accompanying training materials provided through the yellow.ai Academy are the copyrighted works of yellow.ai and its suppliers. Subject to these Terms, yellow.ai grants you a personal, restricted, time-limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the courses and training materials in the yellow.ai Academy solely for your personal or internal business purposes. You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy, print, modify, adapt, create derivative works of, market, deliver, sublicense, distribute, publicly display, or otherwise grant rights to the yellow.ai Academy courses and training materials, or any copy thereof, in whole or in part, except as expressly provided in this Agreement; (ii) loan or resell the yellow.ai courses, or any part thereof in any way including, but not limited to, making the yellow.ai Academy courses and training materials available to any other person, including using on a service bureau or time sharing basis, via shared access to a computer network or access information, which may include the log-in name and password or other authentication data for the yellow.ai Academy; (iii) remove any proprietary notices or labels from the yellow.ai Academy courses and training materials; or (iv) make copies of the yellow.ai Academy courses, copy any printed materials or documentation accompanying the yellow.ai Academy courses or give copies to another person, or duplicate the yellow.ai Academy courses or training materials by any other means, including electronic transmission, except as specifically set forth herein. You acknowledge and agree that: (i) yellow.ai may, from time to time, elect to update the yellow.ai Academy courses and training materials, but yellow.ai does not warrant or guarantee that any courses or training materials will be updated, or that any updates will be made available to you; (ii) you will use the content included in the yellow.ai Academy only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment.

Documentation Available on the Website

All Documentation is the copyrighted work of yellow.ai and/or its suppliers. Use of the Documentation is governed by the terms of the License Agreement, of the terms that accompany or are included with the Documentation (“Documentation License Agreement”) when applicable. If Documentation is made available to you on this Website without a Documentation License Agreement, then you may annotate, translate, and make a reasonable number of copies of the Documentation for your internal use in designing, developing, and testing your software, products and services, and you may distribute a reasonable amount of portions of the Documentation as necessary to document your software, products, and services. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies.

The Documentation does not include the design or layout of the yellow.ai website. Elements of this are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by yellow.ai.

THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEBSITE. YELLOW.AI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.

Notices regarding Software, Academy, Documentation, APIs, Content and Web Services Available on Websites

EXCEPT AS PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND YELLOW.AI, YELLOW.AI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, ACADEMY, DOCUMENTATION, APIS, WEB SERVICES CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE, ALL OF WHICH ARE PROVIDED “AS-IS”. YELLOW.AI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF WEBSITE CONTENT. THE USE OF THE WEBSITE AND CONTENT IS AT THE YOUR OWN RISK.

IN NO EVENT SHALL YELLOW.AI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE WEBSITES, SOFTWARE, ACADEMY, DOCUMENTATION, APIS, WEB SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE WEBSITES.

Reservation of Rights

yellow.ai reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.

Member Account, Password, and Security

If any of our services require you to create an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form or you may login through a third-party processor such as your google account. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your yellow.ai account. Your member account will include a username and password of your choosing.

You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your member account. If you notice any unusual activities or suspect unauthorised activity on your member account or any other breach of security, you agree to immediately notify yellow.ai by reaching us at [email protected]. yellow.ai will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by yellow.ai or our suppliers due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Your Content/Customer data

By using our products and services, you may provide us with text, graphics or images, file attachments, and other information (“your content”). You retain full ownership of your content, what belongs to you stays yours. You can remove your content by deleting it. However, in certain instances, some of your content which may be posted as reviews or testimonials or when your data is shared with a third-party partner or service provider, may not be completely removed. We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.

You are solely responsible for your content and any use of your content on our website indicates that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Inactive User Accounts

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 (ninety) days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the services on this website. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Your use of yellow.ai Services (permitted use)

yellow.ai, formerly known as Yellow Messenger is owned by Bitonic Technology Labs Inc and is protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may only use yellow.ai services as permitted by law, including all applicable federal, state, local or international laws and regulations. We reserve the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Do not, for example:

Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from this website, or use the yellow.ai products and/or services in part or in full in any way other than through our publicly supported interfaces;
Access, tamper with, or use non-public areas of this website, software systems, or the technical delivery systems of our service providers;
Probe, scan, or test the vulnerability of any yellow.ai system or network or breach any security or authentication measures;
Decipher, decompile, disassemble or reverse engineer any of the software used to provide the services on this website;
Plant malware or use yellow.ai to distribute malware;
Violate the privacy of other users, employees, consultants or service providers of yellow.ai, or any third parties;
Violate any applicable law or regulation;
Impersonate or misrepresent your affiliation with any person or entity, or post or transmit anything that is fraudulent or misleading;
Attempt any of the above, or encourage or enable any other individual to do any of the above.

As part of our self-serve products or yellow.ai Academy or otherwise, this website may contain e-mail services, bulletin board services, chat areas, user groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others’ rights;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the website and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest, mine or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations;
Create a false identity for the purpose of misleading others;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Services or other user or usage information or any portion thereof;
yellow.ai has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at our sole discretion. Furthermore, we reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, in case of violation of the above;
We reserve the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion;
We urge you to always use caution when providing any personally identifiable information in any Communication Service;
yellow.ai does not control or endorse the content, messages or information found in any Communication Service and therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, Administrators or hosts are not authorized spokespersons of yellow.ai, and their views do not necessarily reflect those of yellow.ai. Materials uploaded or posted to the Communication Services may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

No Unlawful or Prohibited Use

As a condition of your use of this website, you will not use the information, Documentation, Software, training courses and materials, products, APIs, or Web Services obtained from the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, Software, training courses and materials, products, APIs, or Web Services in any manner that could damage, disable, overburden, or impair any yellow.ai server, or the network(s) connected to any yellow.ai server, or interfere with any other party’s use and enjoyment of any information, Documentation, Software, training courses and materials, products, APIs, and Web Services available from the website. You may not attempt to gain unauthorized access to any information, Documentation, Software, training courses and materials, products, APIs, or Web Services obtained from the website, other accounts, computer systems or networks connected to any yellow.ai server or to the website, information, Documentation, Software, training courses and materials, products, APIs, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Violation of Terms of Service

We reserve the right to terminate your user account or otherwise suspend use and access of our services if you are found in violation of these Terms. Further, we reserve the right to pursue any and all legal and equitable remedies against you for such violations.

Privacy Policy

Our Privacy Policy governs how we protect your privacy and handle your personal information we may have access to, when you use this website or any of our product or service offerings. You agree that your use of our website and/or our products and services indicate your acceptance to the processing of your personal information in accordance with our Privacy Policy.

WhatsApp Business Account

In addition to your agreement with these Terms, the following provisions apply with respect to your use of the WhatsApp Business Services that may be available as part of the CX Automation Platform. Your use of such functionality is governed by the WhatsApp Business Terms of Service, which are available at https://www.whatsapp.com/legal/business-terms/.

Links to third-party sites

This website may contain links to websites owned and operated by third parties. These links are provided for informational or advertising purposes only. The linked sites are not under the control of yellow.ai and yellow.ai is not responsible for the contents of any linked sites. The inclusion of any link does not imply yellow.ai’s endorsement of such site and/or its contents.

Advertisement platform bots and WhatsApp bots are governed by third party policies, such as applicable policies of WhatsApp, Google, Facebook, etc. These policies may be subject to change anytime at the discretion of such third parties. You agree to always adhere to these policies.

IP/Copyright infringement

We respect the intellectual property rights of others and expect you to do the same. If you find any user or any instances of infringement of the yellow.ai IP or any third party’s IP or any IP belonging to you, we request you to reach us at [email protected]. We will take suitable action including termination of the user account of the violating user and notify the appropriate authorities of such violations. In accordance with the Digital Millennium Copyright Act of 1998, yellow.ai will respond expeditiously to claims of copyright infringement committed using yellow.ai as reported to us.

Confidentiality

Confidential Information: From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information.

Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder, or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.

Protection and Use of Confidential Information: The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

Compelled Access or Disclosure: If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.

Subscription term, fees & payment

If yellow.ai has granted access to all or certain portions of the yellow.ai Academy, or other resources offered by yellow.ai or made available through our website, free of charge or at discounted pricing, yellow.ai reserves the right to impose charges or otherwise change its pricing and your continued use following notice of any such changes may result in charges for such continued use.

If you purchase a subscription to the Services via the yellow.ai website (“Online Subscription”) or pursuant to any Agreement with yellow.ai (“Order Form Subscription”), the following terms of subscription will apply to you:

Subscription Term: The services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).
Cancellation: You may cancel your subscription at any time, subject to Lock-in restrictions in the relevant Order Form; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Renewals: For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing at least 45 (forty-five) days prior to the expiration of the then-current Subscription Term.
Billing and Payment: If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize yellow.ai or its authorized Payment Processing Partner to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. Each new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in the applicable invoice or charged automatically via Credit Card, as applicable.
Late Payments: Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). In case the late payment is not remedied within 15 days of the payment due date, we may terminate your subscription.
Taxes and Fees: You are responsible for all applicable taxes of any kind, other than taxes based on yellow.ai’s income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses: You are responsible for all fees or expenses related to accessing or using the services that are extrinsic to the services. This includes, without limitation, your own internet service provider fees.

Support

yellow.ai provides Technical Support to its paid users as per the Support and SLA Policy at Support & SLA Policy. For any further queries on the support, you may email us at [email protected].

Professional Services

yellow.ai also provides Professional Services to its paid users, where we will provide dedicated/shared customer success managers who will assist you with product-related troubleshooting and implementation support. To avail of this service, you may reach out to us at [email protected].

Availability & service credits/refunds

Our services shall be available 99.5%, excluding holidays and weekends and scheduled maintenance. Any downtime resulting from outages of third-party connections or utilities or other reasons beyond our control will also be excluded from the calculation of uptime. In case of the unavailability of our services for more than the agreed period of time, we will provide you with service credit as per the terms of your subscription agreement.

Term & Termination

We may terminate or modify your access to and use of this website, at our sole discretion, at any time and without notice to you in case of violation of these Terms. Likewise, you may cancel your account at any time, although we will be sorry to see you go.

If we suspend or terminate your user account use of services for inactive user status or your notice to terminate the use of our services, we will let you know in advance and assist you to retrieve data.

We reserve the right to suspend your account with immediate effect if we find that you have violated the Terms or other Subscription Terms; if you are suspected of illegal activity; or in compliance with requests by law enforcement or other government agencies. You may object to such suspensions by contacting us at [email protected] within thirty days of notification of suspension.

Warranty Disclaimer

yellow.ai services are provided “AS IS”. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of this website or products. Some states in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Indemnity and Release

You will indemnify and release yellow.ai, its directors, officers, employees, contractors and consultants, and hold them harmless from any and all claims and expenses, including legal fees arising from your use of this website, violation of these Terms including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YELLOW.AI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YELLOW.AI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO YELLOW.AI SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO YELLOW.AI MESSENGER FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

Some states in the United States do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.

Testimonials and Reviews posted on this website

This website may allow you to post feedback, testimonials and reviews of the products, this website or the UI (“reviews”), by posting, uploading, inputting, providing or submitting reviews, you grant to yellow.ai and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a yellow.ai software or service that includes the reviews), without charge, the right to use, share and commercialize your reviews in any way and for any purpose. You will not give any reviews that are subject to a license that requires yellow.ai to license its software or documentation to third parties because we include your reviews in them. By posting your reviews you warrant and represent that you own or otherwise control all of the rights to your reviews as described in these Terms including, without limitation, all the rights necessary for you to post the reviews. Reviews reflect the opinion of the author and not the opinion of yellow.ai.

Advertisements and Promotions

yellow.ai may run advertisements and promotions from third parties on this website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than yellow.ai found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. yellow.ai is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.

Export Control

You and your organization acknowledge that the information, Documentation, Software, products, APIs, and Web Services obtained from the website are subject to export controls and economic sanctions laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). By downloading or accessing the information, Documentation, Software, products, APIs, or Web Services, you certify that you and your organization: are not a U.S. denied or sanctioned person or located in or acting for or on behalf of a country or government subject to U.S. embargo or sanctions; will not use the information, Documentation, Software, products, APIs, or Web Services in connection with an end-use prohibited by U.S. law; and are eligible to receive such information, Documentation, Software, products, APIs, and Web Services under U.S. export controls and economic sanctions laws and regulations. You further agree that you and your organization will not export, reexport, transfer, retransfer, sell, supply, or allow access to or use of the information, Documentation, Software, products, APIs, and Web Services (including to, in, by, or for a denied, sanctioned, embargoed, or prohibited country, person, or end use under U.S. law) without a license or other authorization from the U.S. Government, and assume sole responsibility for obtaining any necessary license or other authorization. Diversion contrary to U.S. law is prohibited.

Governing Law and Jurisdiction

All matters relating to these Terms, your access to and/or use of this website are governed by the laws of the Commonwealth of Delaware, the USA without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of this website shall be instituted in a state or federal court in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You agree to submit to the jurisdiction of and agree that the venue is proper in these courts.

Entire Agreement

Unless you and yellow.ai enter into a valid subscription agreement or similar service agreement, these Terms constitute the entire and exclusive agreement between you and yellow.ai and supersede and replace any other agreements, terms and conditions. These Terms do not create third-party beneficiary rights.

Publicity

Unless otherwise specified, yellow.ai reserves the right to use your name, logo and marks (including marks on Customer Properties) to identify you as a yellow.ai’s customer on this website and other marketing materials.

Waiver

Failure to enforce any right or provision by yellow.ai in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms.

Severability

If a provision of these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Assignment

You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. yellow.ai reserves the right to assign or transfer its obligations under these Terms without restriction.

Corrections and Changes

While we will endeavour to keep this website up to date, yellow.ai cannot assume responsibility for any errors or omissions in these materials made available on this website. yellow.ai further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. yellow.ai may make changes to the materials, or to the products and/or service offerings described herein, at any time without notice, and makes no commitment to update the information contained herein. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Documentation, Software, training courses and materials, products, APIs, yellow.ai Trademarks or service offerings obtained from this website except as permitted by these Terms. Your use of the websites after modifications and/or corrections made by us shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Contact Information

We welcome your comments and feedback regarding these Terms, please reach out to us at [email protected].