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.
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.
4. ACCESSING THE SERVICES
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.
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.
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.
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
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 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.
14. GENERAL PROVISIONS
Comments and Questions. We welcome feedback. Any comments and questions should be directed to email@example.com. 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.