Yoodli Terms of Service
Effective: September 7, 2023
1. YOODLI'S BUSINESS
Through its Website, Yoodli provides services that help users improve their public speaking and communication skills using an online personalized communication coach driven by AI.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years of age or older. If you are not at least 18 years of age or older, you must not access or use the Website.
4. ACCESSING THE WEBSITE
5. PAID ACCOUNTS
You may upgrade your account to access certain features of Yoodli’s services. Upgrading will turn your account into a paid account, and upon upgrading we will automatically bill you on the date of upgrade and on each automatic renewal until you cancel your paid account. You are solely responsible for all applicable taxes, but Yoodli will charge you tax when required to do so.
You may cancel your paid account at any time. Refunds are issued only if they are required by applicable law. Your paid account will remain until it is canceled or terminated as provided herein. Yoodli reserves the right to suspend or terminate your paid account or to change your access to a free version of Yoodli’s services in the event you fail to timely pay for your paid account. Yoodli reserves the right to change the fees it charges for its paid services and will provide advance notice to you prior to such changes taking effect. Any change in pricing will become effective as of your next billing cycle.
6. USER RESPONSIBILITIES
- ACCESS: You are responsible for making all arrangements necessary for you to have access to the Website.
- UPLOADED MATERIAL: You may input, upload, record, or submit media or materials to the Website (collectively, “Contributed Material”å). You are not required to input, upload, record, or submit Contributed Material to the Website. You acknowledge that you do not desire and will not receive compensation for any Contributed Material or for our use of any Contributed Material you submit. Any Contributed Material you upload is owned by you (subject of course to us retaining ownership of any Yoodli intellectual property).
- Yoodli may use Contributed Material to improve or operate the Website (for example, to train models and improve our systems), comply with applicable law, and enforce our policies. For these reasons, you hereby grant to Yoodli a fully paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from and incorporate into other works, and sublicense through multiple tiers, the Contributed Material. You further acknowledge that this license cannot be terminated by you once your Contributed Material is submitted to the Website.
- CUSTOMER DATA: You are responsible for entering your data in connection with the Website (“Data”), and you shall be responsible for the maintenance of the Data it supplies. You represent to Yoodli that you will take commercially reasonable precautions against viruses, Trojan horses, and comparable elements being contained in the Data which could harm the systems or software used by Yoodli to provide the Website and/or related services.
- RESTRICTIONS AND LIMITATIONS: You will not directly or indirectly, (a) enable any personnel other than Authorized Users to access and use the Website; (b) copy, modify or create any derivative work based upon the Website; (c) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available rights to the Website; (d) reverse engineer, disassemble or decompile, decode, adapt or otherwise derive or gain access to any part of the Website, in whole or in part, or attempt to discover or recreate the source code to any part of the Website; (e) remove any proprietary notices; (f) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (g) engage in or permit any use, possession, knowledge, viewing, inspection, examination, copying, disclosure or other activity involving any of the Website that is not expressly authorized herein, or otherwise in writing by Yoodli.
- COMPLIANCE WITH LICENSE: You will comply with the limits of the license granted herein. You will allow and enable Yoodli to monitor such compliance, and to utilize information concerning your use of the Website to improve Yoodli’s products and services.
- SECURITY: You are responsible for maintaining the confidentiality of password(s) provided by Yoodli, and for all activities that occur under its password. You will immediately notify Yoodli of any unauthorized use of its password(s) or any other breach of the Website security known to you.
7. COPYRIGHT NOTICE
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may print or download one copy of a reasonable number of pages of the Website in order to access potential purchases with Yoodli.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not
- Modify copies of any materials from this Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
8. COPYRIGHT INFRINGEMENT
If you believe that any Contributed Material violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
9. SERVICE MARK NOTICE
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are service marks of the Company and are protected by law. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
10. PROHIBITED USES
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use, display, mirror or frame the Website or any individual element within the Website, Yoodli’s name, any Yoodli servicemark, logo or other proprietary information, or the layout or design of any page or form contained on a page, without Yoodli’s express written consent.
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to prove, scan or test the vulnerability of any Yoodli system or network or breach any security or authentication measures.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Encourage or enable any other individual to do any of the foregoing.
11. WEBSITE LINKS
a. Linking to the Website
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
b. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the linked sites or the materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. Yoodli accepts no responsibility and does not endorse or warrant in any way any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. Yoodli accepts no responsibility for any loss or damage that may arise from your use of them. And, therefore, if you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. DISCLAIMER OF WARRANTIES
You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, ACCURACY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY BY YOU IN THE LAST TWELVE (12) MONTHS FOR THE SERVICES OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
- General. Yoodli will maintain appropriate, industry-standard technical and organizational measures to protect any data and information, including Personal Data, that it collects, accesses, processes or receives from you against unauthorized or unlawful transfer, processing or alteration and against accidental access, loss, damage, processing, use, transfer or destruction. The term “Personal Data” means any information that can be used to identify, locate, or contact a person, including: (i) first and last name; (ii) home or other physical address; (iii) telephone number; (iv) email address or online identifier associated with an individual; (v) social security number, passport number, driver’s license number, or similar identifier; (vi) credit or debit card number; (vii) employment, financial or health information; or (viii) any other information relating to an individual, including cookie information and usage and traffic data or profiles, that is combined with any of the foregoing.
- Security Incidents; Notification and Timing. Yoodli will notify you in writing of any Security Incident after conclusively establishing the nature or extent of the Security Incident. The term “Security Incident” means any: (i) breach or suspected breach of the security of the Services or the systems used to provide the Services that may have resulted in the compromise of your Data; or (ii) other unauthorized access to or use of your Data.
- Required Information. Yoodli’s Security Incident notification will describe and include any information required by the applicable data protection laws, including the known details of the Security Incident, the status of Yoodli’s investigation, and the potential number of persons affected.
16. GENERAL PROVISIONS
- Comments and Questions. We welcome feedback. Any comments and questions should be directed to firstname.lastname@example.org. If you choose to submit comments, you agree that Yoodli is free to use it without restriction or compensation to you.
- Notices. Communications made through the website’s email and messaging system shall in no way be deemed to constitute legal notice to Yoodli or any of its officers, employees, agents or representatives, such as where notice to Yoodli is required by contract, or any federal, state or local laws, rules or regulations.