These Terms of Service, as amended from time to time (the “Terms”), constitute a legally binding agreement between Yesh Platforms LLC - 320834788 (including its subsidiaries and affiliates) (“Company”, “we”, “our”, or “us”) and the individual or entity agreeing to these Terms (the “Customer”).
These Terms govern the manner in which the Customer and its users (each, a “User”) may access and use the Company’s platform, including its AI-powered application-building services and any related tools made available via the Company’s website at https://yeshbe.com/ (the “Platform” and the “Website”, respectively). The Platform is provided as a Software-as-a-Service (SaaS) solution on a subscription basis.
Use of the Platform by the Customer constitutes acceptance of these Terms. If a User accepts these Terms on behalf of an entity, such User represents and warrants that they have the authority to bind such entity to these Terms.
The Customer’s use of the Platform may be subject to additional policies, guidelines, or rules, which may be published on the Website or made available within the Platform from time to time. These may include, without limitation, the Company’s pricing and subscription plans, Privacy Policy, and any applicable Responsible Use Policy, each as may be updated by the Company from time to time. All such additional terms, guidelines, and policies are hereby incorporated by reference into these Terms.
IMPORTANT NOTICE: THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A WAIVER OF CLASS ACTION RIGHTS, WHICH AFFECT YOUR LEGAL RIGHTS IN RELATION TO ANY DISPUTE BETWEEN YOU AND Yesh Platforms LLC. YOU MAY HAVE THE RIGHT TO OPT OUT OF BINDING INDIVIDUAL ARBITRATION, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW.
The Platform; Right to Access and Use
Right to Use
Subject to the Customer’s compliance with these Terms, Yesh Platforms LLC hereby grants the Customer, during the applicable subscription term (“Subscription Term”), a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform.
Such access and use shall be in accordance with any applicable documentation, guidelines, or instructions provided by the Company (the “Documentation”), and solely for the Customer’s internal business purposes. The Customer may not use the Platform to provide services to third parties, resell the Platform, or otherwise exploit it commercially beyond its intended use.
Modification or Discontinuation of the Platform
The Company reserves the right, at any time and at its sole discretion, to modify, update, suspend, or discontinue the Platform, Website, or any part thereof, including any features, functionalities, content, or integrations.
Such changes may be made with or without prior notice, and the Company shall not be liable for any modification, suspension, or discontinuation of the Platform or any part thereof.
Usage and Credit Limits
The Customer’s use of the Platform may be subject to usage limits based on the selected subscription plan, including but not limited to:
- Number of users or workspaces
- Number of actions, requests, or generated outputs
- API usage and integration limits
- Credit-based usage for certain features
These limits are defined in the applicable pricing plan or order details and may be updated by the Company from time to time.
If the Customer exceeds the applicable limits, additional charges may apply and will be billed accordingly. The Customer may also choose to purchase additional usage capacity or credits in advance, subject to the Company’s then-current pricing.
Trial Services; Pre-Released Services
Yesh Platforms LLC may, from time to time, offer certain features or services on a free or trial basis (the “Trial Services”).
The Company reserves the right, at its sole discretion, to modify, limit, suspend, or discontinue any Trial Service at any time, with or without notice, and without liability.
In addition, the Company may offer certain features or services in alpha, beta, or other pre-release versions (the “Pre-Released Services”). Such services are still under development and may be incomplete, contain errors, experience interruptions, or not function as intended.
Governing Terms of Trial and Pre-Released Services
Trial Services and Pre-Released Services are subject to these Terms. Without limiting the general disclaimers and limitations set forth herein, the following shall apply:
(i) ALL TRIAL SERVICES AND PRE-RELEASED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
(ii) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND SERVICE PROVIDERS IN CONNECTION WITH TRIAL OR PRE-RELEASED SERVICES SHALL NOT EXCEED $100 USD.
The Company does not guarantee that any Trial Service or Pre-Released Service will become generally available or continue to be offered.
Users, Accounts, and Customer Obligations
Users and Accounts
In order to use the Platform, the Customer must register and create an account (an “Account”). The Customer may designate authorized users under its account (each, a “User”).
Users must meet the minimum legal age required in their jurisdiction to use the Platform.
The Customer agrees to:
- Provide accurate, complete, and up-to-date registration information
- Ensure that only authorized Users access the Account
- Maintain the security and confidentiality of all login credentials
- Ensure that each User has a unique login and that credentials are not shared
- Not create accounts using automated methods
- Promptly notify the Company of any unauthorized access or security breach
The Customer is fully responsible for all activity under its Account and for ensuring that all Users comply with these Terms.
Cooperation
The Customer shall provide all reasonable cooperation required by the Company in connection with the use of the Platform and these Terms.
The Customer is responsible for ensuring compliance with all applicable laws and regulations and shall be fully liable for any actions or omissions of its Users.
Customer Infrastructure
The Customer is solely responsible for obtaining, maintaining, and operating all systems, environments, and resources required to access and use the Platform, including but not limited to:
- Applications, integrations, and third-party services
- Cloud environments and hosting infrastructure
- Development and runtime environments
- Credentials and access controls
- Internet connectivity and security measures
The Customer is also solely responsible for deploying, configuring, securing, and maintaining any applications, workflows, automations, or other outputs generated our platform.
In addition, the Customer is responsible for maintaining appropriate backups of its data and for ensuring the security, compliance, and proper operation of any environment in which such outputs are used or hosted.
Responsibility for Users and Accounts
The Customer is fully responsible for all acts and omissions of its Users, including their use of the Platform, Website, and any generated outputs.
The Company shall have no direct liability toward Users. The Customer is solely responsible for handling and resolving any claims, requests, or disputes raised by its Users or any third party in connection with the Customer’s use of the Platform.
SSO Registration
The Platform may allow registration and login באמצעות שירותי צד שלישי (“SSO”), including providers such as
GoogleBy choosing to register or log in באמצעות SSO, the Customer:
- Confirms that it is authorized to use the relevant SSO account
- Grants the Company permission to access certain information from the SSO provider as required for authentication
- Represents that such access does not violate any agreement with the SSO provider
The Company is not responsible for the operation, availability, or security of any SSO provider.
Customer Data
During use of the Platform, the Customer and/or its Users may upload, submit, or otherwise make available data, content, or materials (collectively, “Customer Data”), including any input provided for processing by the Platform.
As between the Customer and Yesh Platforms LLC, all rights, title, and interest in and to the Customer Data shall remain with the Customer
License to Customer Data
The Customer grants the Company and its service providers a non-exclusive, worldwide, royalty-free, sublicensable license to access, use, process, store, copy, modify, and display the Customer Data during the Subscription Term, solely for the purposes of:
- Providing, maintaining, and improving the Platform
- Generating outputs and delivering requested functionality
- Enforcing the Company’s rights and obligations under these Terms
- Complying with applicable laws, regulations, or legal requests
This license is limited to what is reasonably necessary to operate the Platform and does not grant the Company ownership of the Customer Data.
Responsibility for Customer Data
The Customer represents and warrants that:
(i) it owns or has obtained all necessary rights, licenses, consents, and permissions required to use and share the Customer Data and any input submitted to the Platform, and to grant the rights and licenses set forth under the section titled “License to Customer Data”, without infringing or violating any third-party rights, including intellectual property rights, privacy rights, or contractual obligations;
(ii) the Customer Data, and the Customer’s use of the Platform, do not and will not violate any applicable laws or regulations, including those relating to data protection, privacy, data transfer, or export restrictions;
(iii) the Customer will not upload, submit, or process any sensitive or regulated data that requires special legal or regulatory protection (including, without limitation, health-related data, financial information such as credit or debit card details, or other protected data), unless expressly approved in writing by Yesh Platforms LLC and subject to a separate agreement governing such use.
For the avoidance of doubt, the Company is not obligated to monitor, review, or moderate Customer Data. However, the Company reserves the right to do so at its sole discretion.
Intellectual Property and Right to Use
Company Intellectual Property
As between Yesh Platforms LLC and the Customer, all rights, title, and interest in and to the Platform, Website, and all related materials are and shall remain the exclusive property of the Company and its licensors.
This includes, without limitation, all software, code, APIs, SDKs, designs, interfaces, content, documentation, data structures, algorithms, models, know-how, trademarks, branding, and any underlying technology, as well as any updates, improvements, modifications, or derivatives thereof (excluding Generated Output).
Generated Output & Input Data
Subject to the Company’s ownership of the Platform and underlying technology, as between the Company and the Customer, the Customer shall own all rights, title, and interest (to the extent such rights exist under applicable law) in the applications, workflows, and outputs generated our platform(the “Generated Output”), based on data, prompts, or inputs provided by the Customer (the “Input Data”).
To the extent the Company may have any rights in such Generated Output, the Company hereby assigns such rights to the Customer, without any warranties regarding ownership, uniqueness, or enforceability.
The Customer acknowledges that due to the nature of artificial intelligence and machine learning systems:
- Generated Output may not be unique
- Other users may generate identical or similar outputs
- The Company does not guarantee exclusivity of any Generated Output
For clarity, this assignment applies only to the Customer’s Generated Output and does not extend to outputs created by other users.
Restricted Use
The Customer and its Users may not, and may not permit or assist any third party to
(i) use the Platform, Website, or Generated Output in violation of these Terms or any applicable policies;
(ii) copy, modify, reproduce, distribute, or create derivative works of the Platform or its components (except as explicitly permitted under the Generated Output section);
(iii) sell, resell, sublicense, rent, lease, or otherwise commercialize access to the Platform itself, or use it as part of a service bureau or white-label offering without explicit written approval;
(iv) reverse engineer, decompile, disassemble, or attempt to extract the source code or underlying logic of the Platform;
(v) use the Platform, data, or outputs to build, train, or improve any competing product or service;
(vi) use the Platform for benchmarking or competitive analysis without prior written consent;
(vii) bypass, disable, or interfere with any security mechanisms or usage limits, including creating multiple accounts to avoid restrictions;
(viii) access the Platform through unauthorized or automated means, including scraping, crawling, or unauthorized API usage;
(ix) use the Platform in any manner that violates third-party rights or applicable laws;
(x) overload, disrupt, or interfere with the integrity or performance of the Platform or its infrastructure;
(xi) upload or distribute malicious code or harmful content;
(xii) remove or alter any proprietary notices, trademarks, or branding of the Company or third parties;
(xiii) use the Platform or Generated Output for sending spam or unauthorized communications;
(xiv) use the Platform or Generated Output in high-risk environments requiring fail-safe performance, including but not limited to aviation, transportation systems, healthcare, critical infrastructure, or any environment where failure may result in harm to persons, property, or significant financial loss;
(xv) use the Platform or Generated Output to provide regulated services (such as legal, financial, or medical advice) without the required licenses or authorizations.
Anonymous Information
The Company may collect, use, and analyze Anonymous Information for purposes including, without limitation, providing, operating, improving, and marketing the Platform and related services.
“Anonymous Information” means data that does not identify an individual, including aggregated data, usage statistics, metadata, and analytical insights derived from the use of the Platform.
Feedback
The Customer may provide the Company with feedback, suggestions, comments, or reports regarding the Platform, including any errors, issues, or improvements (the “Feedback”).
The Company shall have the right to use such Feedback at its sole discretion and for any purpose, including improving and developing the Platform.
The Customer hereby assigns to Yesh Platforms LLC all rights, title, and interest in and to such Feedback and any related intellectual property rights. To the extent such assignment is not permitted by law, the Customer grants the Company a worldwide, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, modify, and exploit the Feedback without restriction.
The Customer acknowledges that:
- The Company is not obligated to use any Feedback
- The Customer has no right to compensation for any use of Feedback
- Feedback shall not be considered Customer Data or Confidential Information
Privacy
The use of the Platform and Website by the Customer and its Users is subject to the Company’s Privacy Policy, as updated from time to time.
To the extent the Company processes personal data on behalf of the Customer, the parties may enter into a Data Processing Agreement (DPA), where required by applicable law.
Copyright
If you believe that your copyright or other intellectual property rights have been infringed by content available on the Platform, please submit a written notice to:
Email: support@yeshbe.com
To ensure prompt handling, your notice must include:
- Your physical or electronic signature
- Identification of the copyrighted work or intellectual property claimed to be infringed
- Identification of the allegedly infringing material with sufficient detail to allow us to locate it
- Your contact information (including address, phone number, and email)
- A statement that you have a good faith belief that the use is not authorized by the rights holder, its agent, or the law
- A statement that the information provided is accurate
- A statement, under penalty of perjury, that you are authorized to act on behalf of the rights holder
Please note that this contact is intended solely for copyright or intellectual property infringement notices. Other inquiries may not be addressed through this channel.
Third-Party Software and Services
Third-Party Products and Services
The Platform, Website, and any Generated Output may include, integrate with, or provide access to third-party software, services, APIs, SDKs, open-source components, or other external technologies (collectively, “Third-Party Services”).
The Customer acknowledges that each Third-Party Service is governed solely by its own terms, licenses, and policies (“Third-Party Terms”). The Company does not control, endorse, or assume any responsibility for any Third-Party Services or their terms.
The availability, functionality, or integration of any Third-Party Service may change at any time, and Yesh Platforms LLC may add, replace, or remove Third-Party Services at its sole discretion.
The inclusion of any Third-Party Service or link does not imply any endorsement, affiliation, or sponsorship between the Company and such third-party provider.
Generative AI
The Platform may utilize or provide access to third-party artificial intelligence services, including generative AI models and large language models (“AI Services”).
The Customer acknowledges that:
- AI Services are provided by third parties and are outside the Company’s control
- The behavior, availability, and output quality of AI Services may vary
- Generated responses may contain inaccuracies, omissions, or unintended results (“hallucinations”)
The Customer is solely responsible for reviewing, validating, and determining the suitability of any output generated באמצעות AI Services before relying on it.
Subscription; Payments
Fees
In consideration for access to and use of the Platform, the Customer agrees to pay the applicable fees based on the selected plan (“Fees”).
Unless otherwise stated, all Fees are denominated in U.S. dollars.
The Customer authorizes the Company, directly or through its payment providers, to charge the applicable Fees using the Customer’s selected payment method for each billing cycle or renewal term.
Fees are non-cancelable and non-refundable, except as required by applicable law.
Taxes
All Fees are exclusive of applicable taxes, including but not limited to VAT, sales tax, or similar charges.
Where required by law, the Company may add applicable taxes to the Fees, and the Customer shall be responsible for paying such taxes, excluding taxes based solely on the Company’s income.
Payment Terms
Unless otherwise agreed, subscription Fees are charged in advance on a monthly or annual basis, depending on the selected plan.
Any usage-based charges (including API usage or credit-based consumption) may be billed separately based on actual usage.
Late payments may accrue interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.
The Customer shall be responsible for any reasonable costs incurred by the Company in collecting overdue payments, including legal fees where applicable.
Term & Termination
Subscription Term
The Platform is provided on a subscription basis for the period selected by the Customer (the “Subscription” and the “Subscription Term”).
Auto-Renewal
Unless otherwise specified in an applicable order form, the Customer’s Subscription will automatically renew for successive periods equal to the initial Subscription Term.
By default, the Customer authorizes Yesh Platforms LLC (or its payment providers) to automatically charge the applicable Fees and taxes using the Customer’s selected payment method for each renewal period.
Auto-renewal will continue unless canceled by the Customer or the Company at least thirty (30) days prior to the end of the then-current Subscription Term.
Charges and Timing
The Company may charge the applicable Fees in advance of the renewal date. If a payment attempt fails, the Company may retry the charge and may suspend or restrict access to the Platform until payment is successfully completed.
Price Changes
Renewals will be charged at the then-current pricing applicable at the time of renewal, excluding any prior discounts or promotional pricing.
Where required by applicable law, the Company may provide advance notice of renewal and/or pricing changes.
How to Turn Off Auto-Renewal
The Customer may disable auto-renewal or cancel the Subscription at any time through the Account settings or by contacting support at support@yeshbe.com.
No Refunds on Renewal
To the maximum extent permitted by law, renewal charges are non-cancelable and non-refundable once a renewal term has started, unless otherwise required by applicable law.
Customer Responsibility
The Customer is solely responsible for ensuring that payment methods are valid and that subscriptions renew successfully.
The Company shall not be liable for any interruption of service, loss of features, or loss of data resulting from failed payments, disabled auto-renewal, or cancellation of the Subscription.
Termination or Suspension by Company
- The Company may, at its sole discretion, suspend or terminate the Customer’s access to the Platform (or any part thereof), immediately and without prior notice, in any of the following cases:
- (i) the Company determines that the Customer’s use of the Platform poses a security risk, may harm the Company, other users, or third parties, or may expose the Company to liability;
- (ii) the Customer violates these Terms, including any restrictions on use;
- (iii) the Company is unable to successfully charge the Customer’s payment method, or any payment is overdue, including due to exceeding usage limits;
- (iv) suspected fraud, abuse, or misuse of the Platform.
- Such rights are in addition to any other rights or remedies available to the Company under these Terms or applicable law.
Termination by Customer
Subject to any applicable order form, the Customer may terminate the Subscription by:
- (i) disabling auto-renewal through the Account settings; or
- (ii) submitting a cancellation request via support.
- Termination will take effect at the end of the current Subscription Term and will not relieve the Customer of any payment obligations for that term.
Effect of Termination
Termination of the Subscription shall not relieve the Customer of any obligation to pay outstanding Fees.
Upon termination, all rights and licenses granted to the Customer under these Terms shall immediately terminate, and the Customer and its Users must cease all use of the Platform.
The Customer shall promptly delete and cease using any Company materials, documentation, or components of the Platform stored in its systems or environments.
Access to Customer Data After Termination
Upon written request by the Customer, submitted within fourteen (14) days following termination, the Company will make available any Customer Data then stored by the Company, in a standard format.
After such period, the Company may delete all Customer Data without retaining any copies.
Notwithstanding the above, the Company may retain certain data for backup, legal, or compliance purposes, in accordance with its internal data retention policies.
Survival
Any provisions which by their nature should survive termination shall remain in full force and effect, including but not limited to:
- Intellectual Property
- Confidentiality
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
Termination shall not affect any rights or obligations accrued prior to termination.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, WEBSITE, AND ALL RELATED SERVICES, INCLUDING ANY GENERATED OUTPUT, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.
Yesh Platforms LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- ACCURACY OR COMPLETENESS
- RELIABILITY OR AVAILABILITY
- SECURITY OR NON-INFRINGEMENT
The Company does not guarantee that:
- The Platform will be uninterrupted or error-free
- Any defects will be corrected
- The Platform will meet the Customer’s specific requirements
- The Platform or Generated Output will be accurate, complete, or reliable
AI and Generated Output Disclaimer
The Customer acknowledges that:
- Generated Output is produced using artificial intelligence systems
- Outputs may contain errors, inaccuracies, or unintended results
- Outputs are not guaranteed to be unique, correct, or suitable for any purpose
The Customer is solely responsible for reviewing, validating, and approving any Generated Output before use.
No Liability for Data and Usage
The Customer is solely responsible for:
- All Customer Data and Input Data
- Any data provided by its end users
- The use, deployment, and security of Generated Output
The Customer must independently verify all outputs and maintain regular backups of all data.
The Company shall not be liable for any loss, damage, or unavailability of data, including but not limited to:
- Data loss or corruption
- Security breaches caused by Customer systems
- Issues arising from third-party services
- Misconfigurations or vulnerabilities in Customer environments
Third-Party and Infrastructure Disclaimer
The Company shall not be responsible for:
- Third-party services, including AI providers
- Interruptions in communication networks
- Hosting or infrastructure failures outside its control
The Customer acknowledges that use of the Platform is at its own risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASES OF FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, CUSTOMER’S BREACH OF THE “RESTRICTED USE” SECTION, OR CUSTOMER’S PAYMENT OBLIGATIONS:
- IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANY INTERRUPTION OF USE;
- NEITHER PARTY SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR TECHNOLOGY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE).
THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY THE CUSTOMER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
The Customer agrees to defend, indemnify, and hold harmless Yesh Platforms LLC, its affiliates, employees, agents, and partners from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- Any claim that Customer Data, Input Data, or Generated Output infringes any third-party intellectual property rights;
- Any claim that Customer Data or use of the Platform violates applicable laws or third-party rights, including privacy rights;
- Any misuse of the Platform by the Customer, its Users, or any third party acting on its behalf;
- Any claims made by end users or third parties in connection with applications or outputs created using the Platform.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the maximum extent permitted by law, all disputes between you and the Company shall be resolved on an individual basis only.
You waive any right to participate in class actions, collective actions, or representative proceedings against the Company.
Arbitration
Where permitted by applicable law, any dispute, claim, or controversy arising out of or relating to the Platform or these Terms shall be resolved through final and binding arbitration, rather than in court.
Arbitration shall be conducted in English before a single arbitrator under commonly accepted arbitration rules, and judgment on the award may be entered in any court of competent jurisdiction.
You acknowledge and agree that by accepting these Terms, you waive the right to a trial by jury and the right to participate in class actions.
Notwithstanding the above, either party may bring claims in a competent court for:
- Small claims matters within applicable limits;
- Injunctive or equitable relief;
- Intellectual property disputes.
Arbitration costs and fees shall be allocated in accordance with applicable rules and law. The arbitrator may determine responsibility for fees and expenses.
Mass Arbitration
If ten (10) or more arbitration claims are filed that involve similar subject matter, common legal or factual issues, or are submitted by the same law firm or coordinated firms, such claims shall be treated as a “Mass Arbitration.”
In such cases, the arbitration shall be conducted in accordance with applicable mass arbitration procedures of the designated arbitration provider.
If the arbitration provider declines to administer the mass arbitration, or if such procedures are deemed unenforceable, each claim shall proceed as an individual arbitration in accordance with these Terms.
Opt-Out of Arbitration
You have the right to opt out of the arbitration provisions set forth in these Terms.
To exercise this right, you must send a written notice to support@yeshbe.com within thirty (30) days of:
- Your first registration to use the Platform; or
- Your acceptance of these Terms or any updated arbitration provisions,
whichever occurs later.
Your opt-out notice must be sent from the email address associated with your Account (or clearly identify it), and must include your full name, mailing address, and a clear statement that you are opting out of arbitration.
If you validly opt out, the arbitration provisions will not apply to you. However, all other provisions of these Terms, including the class action waiver, will remain in effect.
Failure to opt out within the applicable time period will constitute acceptance of the arbitration provisions.
Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If a dispute is subject to arbitration, the arbitrator shall not have the authority to:
- Combine or aggregate multiple claims;
- Conduct a class or representative proceeding;
- Grant relief to any person or entity not a party to the arbitration.
Notwithstanding the foregoing, you may seek injunctive relief where permitted by applicable law.
If this class action waiver is found to be invalid or unenforceable, then the agreement to arbitrate shall not apply to the extent such claim is permitted to proceed as a class action, and such claims must be brought before a court of competent jurisdiction.
Miscellaneous
General
Section headings are for convenience only and shall not affect the interpretation of these Terms. Any policies, agreements, or documents referenced herein are incorporated by reference.
Amendments
The Company may update these Terms from time to time. Any changes will become effective upon posting on the Website or through an in-Platform notification.
The Customer is responsible for reviewing the Terms periodically. Continued use of the Platform after such updates constitutes acceptance of the revised Terms.
The Company may also update pricing at any time, provided that any price changes will take effect only upon renewal of the applicable Subscription Term.
Export Control
The Platform may be subject to applicable export control laws and regulations. The Customer agrees to comply with all such laws and confirms that it will not use, export, or allow access to the Platform in violation of any applicable export restrictions.
Customer Reference
During the Subscription Term, the Company may use the Customer’s name and logo to identify the Customer as a user of the Platform in marketing materials, on the Website, or in public communications.
Any additional use, such as case studies or detailed references, will require the Customer’s prior written approval.
Force Majeure
Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to internet outages, cyber-attacks, third-party service failures, natural disasters, war, or governmental actions.
This provision shall not relieve the Customer from its payment obligations.
Relationship of the Parties
The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
There are no third-party beneficiaries under these Terms.
Entire Agreement
These Terms, together with any applicable Order Forms and referenced policies, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
Order of Precedence
In the event of any conflict between these Terms and an Order Form, these Terms shall prevail unless the Order Form expressly states otherwise.
Assignment
The Company may assign or transfer its rights and obligations under these Terms without restriction.
The Customer may not assign or transfer any rights or obligations without prior written consent of the Company. Any unauthorized assignment shall be void.
Notices
All notices shall be provided via email or other reasonable means and shall be deemed received upon confirmation of delivery or transmission.
Severability
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.
No Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of such provision unless expressly agreed in writing.
Governing Law
These Terms shall be governed by the laws of a competent jurisdiction as determined by the Company, without regard to conflict of laws principles.
Contact
For any questions regarding these Terms or the Platform, please contact support at:
Email: support@yeshbe.com
Website: https://yeshbe.com