Welcome to Yama! These Terms of Service (“Terms”) govern your use of our software, website, and services (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
2. Changes to Terms
Yama reserves the right to modify, amend, or replace these Terms at any time. The updated Terms will be posted on our website (https://getyama.com/). It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes to these Terms constitutes acceptance of those changes.
3. User Eligibility
By using our Services, you affirm that you are of legal age to enter into these Terms or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. You also affirm that you are not a person barred from receiving the Services under the laws of Canada or other applicable jurisdiction.
4. Account Registration and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Yama immediately of any unauthorized use or breach of security of your account. Yama will not be liable for any loss or damage arising from your failure to comply with this provision.
5. User Conduct
You agree not to engage in any of the following activities while using the Services:
Violating any applicable law or regulation.
Posting or transmitting any content that is illegal, threatening, harmful, abusive, harassing, defamatory, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
Attempting to probe, scan, or test the vulnerability of any Yama system or network or breach any security measures.
Interfering with or disrupting any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
Using any automated system, including “robots,” “spiders,” or “offline readers,” to access the Services.
These Terms will apply to you as long as you are accessing or using our Services. Yama reserves the right to suspend or terminate your account and access to the Services at its sole discretion, with or without cause and without notice. Upon termination, you will no longer have access to the Services.
8. Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Yama does not warrant that the Services will be uninterrupted, secure, or error-free.
9. Limitation of Liability
In no event will Yama be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or goodwill, arising out of or in connection with the Services or these Terms.
10. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Canada.
11. Entire Agreement
These Terms, together with any policies incorporated herein by reference, constitute the entire agreement between you and Yama concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Yama regarding the Services.
12. Intellectual Property
Yama and its licensors own all rights, title, and interest in and to the Services, including all intellectual property rights. You agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or reverse-engineer any portion of the Services without Yama’s express written permission.
13.1 Confidential Information
During your use of the Services, you may have access to non-public information about Yama, including but not limited to the Services, software, business strategies, and financial information (“Confidential Information”). You agree to maintain the confidentiality of all Confidential Information and not disclose or use it for any purpose without Yama’s prior written consent.
13.2 Protection and Use of Confidential Information
You will take reasonable measures to protect Yama’s Confidential Information from unauthorized disclosure or use. You may only disclose Confidential Information to employees or contractors who need to know such information for the purpose of these Terms and who are bound by confidentiality obligations.
If you choose to provide input or suggestions regarding the Services (“Feedback”), you hereby grant Yama an irrevocable, royalty-free, perpetual, sublicensable, transferable license to use, disclose, reproduce, modify, license, distribute, and exploit any Feedback without any obligation or compensation to you.
You agree to indemnify, defend, and hold Yama, its affiliates, officers, directors, employees, agents, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Services, your violation of these Terms, or your violation of any law or third-party rights.
16. Waiver and Severability
The failure of Yama to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
17. Contact Us
If you have any questions about these Terms, please contact us at .
18. Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances in your use of the Services. You are solely responsible for ensuring that your use of the Services is in accordance with the law of your jurisdiction.
19. Entire Agreement
These Terms, together with any policies incorporated herein by reference, constitute the entire agreement between you and Yama regarding the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Yama regarding the Services.
20. Changes to the Services
Yama reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Yama shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
You may not assign these Terms or any rights or obligations hereunder without the prior written consent of Yama. Yama may assign these Terms without your consent.
22. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the rules of [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Sections 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 shall survive the termination or expiration of these Terms.
24. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under these Terms (excluding payment obligations) if the delay or failure arises from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, and terrorism.
You grant Yama the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines.
26. Email and Notification Messages
All notices under these Terms will be in writing and will be deemed to have been duly given when sent to the email address specified in your account or through notifications in the Services.
These Terms may be translated into languages other than English for your convenience. The English language version of these Terms shall prevail in case of any inconsistencies or discrepancies.