These Terms of Use (the “Terms of Use”) govern your access and use of the website located at https://app.yoodli.ai/ (the “Website”), our public speaking and communication improvement platform, and related services offered or provided by us (collectively referred to as the “Services”). We refer to Yoodli, Inc., herein as “Yoodli”, “We”, or the “Company”. The Services are owned by Yoodli. Please read the Terms of Use carefully before you start to use the Services.
1. YOODLI'S BUSINESS
Through its Services, Yoodli provides products that help users improve their public speaking and communication skills using an online personalized communication coach driven by AI.
2. ACCEPTANCE OF THE TERMS OF USE AND ELIGIBILITY REQUIREMENTS
By using the Services, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, 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 Services.
By executing a separate Subscription Agreement and/or Service Order (collectively referred to herein as a “Service Agreement”), you agree to all the terms and conditions set forth in these Terms of Use. In the event of any conflict between these Terms of Use and the provisions of a Service Agreement, the provisions of the Service Agreement shall govern. If you are entering into this contract on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity to these Terms of Use, in which case the terms “you” or “user” as used below shall refer to such company or entity. If you do not have such authority, or if you do not agree with these Terms of Use, you should not execute a Service Agreement.
3. CHANGES TO THE TERMS OF USE
Yoodli reserves the right to revise these Terms of Use from time to time and at any time by updating this posting. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. ACCESSING THE SERVICES
Subject to the terms and provisions herein and any applicable Service Agreement, Yoodli hereby grants to you, for so long as you are entitled to access the Services hereunder, a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms of Use. Yoodli and its licensors own and shall retain all intellectual property rights and other rights in and to the Services, and any changes, modifications, or corrections thereto.
We reserve the right to withdraw or amend this Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We may terminate or suspend your account and/or your access to the Services at any time if we believe you have violated these Terms of Use or if termination or suspension of your access is provided for under the terms of your Service Agreement. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
5. USER RESPONSIBILITIES
ACCESS: You are responsible for making all arrangements necessary for you to have access to the Services.
UPLOADED MATERIAL: You may input, upload, record, or submit media or materials to the Services (collectively, “Contributed Material”). You are not required to input, upload, record, or submit Contributed Material to the Services. 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 Services (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 Services.
You represent that you own or have secured all legal rights necessary for the Contributed Material submitted by you to be used by you, Yoodli, and others as described and otherwise contemplated in these Terms of Use. You understand that other users may have access to the Contributed Material and that neither they or Yoodli have any obligation to you or anyone else to maintain the confidentiality of the Contributed Material.
AUTHORIZED USERS: You are responsible for ensuring that all persons who access the Services through your internet connection and all or your employees, agents, or independent contractors that are authorized by you to access and use the Services (each, an“Authorized User”) are aware of these Terms of Use and comply with them. If applicable, you will ensure that you have a unique license for each of the Authorized Users of the Services.
CUSTOMER DATA: You are responsible for entering your data in connection with the Services (“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 Services 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 Services; (b) copy, modify or create any derivative work based upon the Services; (c) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available rights to the Services; (d) reverse engineer, disassemble or decompile, decode, adapt or otherwise derive or gain access to any part of the Services, in whole or in part, or attempt to discover or recreate the source code to any part of the Services; (e) remove any proprietary notices; (f) use the Services 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 Services 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 Services 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 Services security known to you.
RECORDINGS: Our Services provide you with the ability to record audio and other information. While our systems are designed to ensure only your audio is captured, we may from time to time unintentionally obtain recordings from other participants on a call. When this happens, we will notify you and delete the recording. You represent and warrant that you will comply with applicable laws related to audio and visual recordings, including obtaining the proper consent in the relevant jurisdictions. We disclaim all liability for your recording of audio or visual material and you agree to defend, indemnify, and hold harmless the Company and others as set forth more fully in Section 13. CONSENT TO PROCESSING: By using our Services, you consent to our access and processing of any recordings or other information created as a result of your use of our Services, which may reside on your device, including the transmission to and storage of such information on our servers and systems.
6. COPYRIGHT NOTICE
The Services 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.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not copy, reproduce, republish, post, duplicate, distribute, modify, create derivative works of, download, store, or transmit any of the material on our Services, except as follows:
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 Services 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 Services 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 the Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws
7. 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.
8. 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 Services are the trademarks of their respective owners.
9. PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
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 Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
Use, display, mirror or frame the Services or any individual element within the Services, 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 Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
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 Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Encourage or enable any other individual to do any of the foregoing.
10. SERVICES LINKS
You may link to the homepage of our Services, 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.
If the Services contain 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 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 the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. 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 Services 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 Services 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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.
12. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE
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.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Services, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, and/or your use of any information obtained from the Services.
14. GENERAL PROVISIONS
Operation; Applicable Laws and Venue. The Services are operated by Yoodli, whose U.S. operations are based in the State of Washington, and Yoodli makes no representations that materials in the Services are appropriate or available for use in other locations. The display of the Services alone does not subject Yoodli to any specific jurisdiction. Access to the Services from any territory where the content is illegal is prohibited. If you choose to access the Services from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Services materials in violation of U.S. export laws and regulations. Any claim related to the use of the Services, the Service materials, these Terms of Use and any dispute or claiming arising therefrom or related thereto shall be governed by, construed and enforced in accordance with the laws of the State of Washington as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of the Services shall be filed only in the appropriate state or federal court located within the State of Washington. The access, viewing or use of the Services constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of Washington for purposes of such actions. Notwithstanding any language to the contrary, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in any court of competent jurisdiction.
Comments and Questions. We welcome feedback. Any comments and questions should be directed to info@yoodli.ai. If you choose to submit comments, you agree that Yoodli is free to use it without restriction or compensation to you.
Entire Agreement. The Terms of Use, our Privacy Policy, and any Service Agreement between you and the Company, constitute the sole and entire agreement between you and Yoodli regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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.
Waiver of Rights. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided, the exercise of remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
Reservation of Rights. Yoodli reserves all rights not expressly granted in these Terms of Use or the other documents that we reference herein. Except for the limited rights and licenses expressly granted in these Terms of Use and the other documents that we reference herein, we do not grant, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Company’s intellectual property.