The Yappy Services, Application, and Website are owned and operated by MariusSoft LLC ("MariusSoft"). IMPORTANT! PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE APPLICATION OR WEBSITE.
“Agreement” refers to these Terms of Service.
“Application” shall refer to any application, including mobile applications and applications for tablet computers, supplied by MariusSoft to enable You to use the Services.
“Content” shall refer to the contents of the Application, Services, and Website, including without limitation the text, graphics, images, audio, and video, as well as any service descriptions, pricing, and service reviews. “Content” does not include User Submitted Content as defined below.
“Customer Data” refers to the electronic data and information collected by the Services in connection with Your use of the Services.
“MariusSoft” refers to the company MariusSoft, LLC.
“Services” refers to MariusSoft’s provision of access and use of Yappy to You and all services provided by MariusSoft under this Agreement that enable You to access, customize, and use Yappy.
“User Submitted Content” shall refer to any content that You submit when using the Application, Services, or Website, including, but not limited to, text, graphics, images, audio, and video. “Users” shall refer to anyone who uses MariusSoft’s Services, including users of the Application and Website.
“Website” shall refer to the website and Content at www.yappy.im
“Yappy” refers to the MariusSoft’s Yappy Software as a Service (“Saas”) that provides users with a unified messaging solution for Short Message Service (“SMS”), Facebook Messenger, and website chat support, as well as corresponding analytics.
“You” shall refer to you, the person who is entering this Agreement with MariusSoft. If You are entering this Agreement on behalf of yourself personally, then You refers to you as an individual. If You are entering this Agreement on behalf of a business that is a separate legal entity, then You refers to that business entity.
Acceptance of the Terms of Service
3.1 Access to Services. MariusSoft hereby grants You a non-exclusive, revocable, non-transferable, and limited right to access and use Yappy. Yappy is provided solely as a service and You are not provided with any license rights in or to Yappy. Upon termination of this Agreement, Your right to access and use Yappy shall terminate.
3.2 Third Party Hosting and Availability of Services. MariusSoft’s Services are hosted through a third party hosting vendor, namely, WebNX. In addition, MariusSoft uses third party services in order to provide the Services, namely, WebNX, FullContact, Twilio and Facebook. Accordingly, the availability of Services will be dependent upon WebNX, FullContact, Twilio, and Facebook. Documentation regarding WebNX, FullContact, Twilio, and Facebook can be accessed at the following links: www.webnx.com, www.twilio.com, www.facebook.com, www.fullcontact.com. You agree that MariusSoft shall have no liability arising out of or relating to the use of such third party services to host and provide the Services.
3.3 Third Party Software and Services. The Services may contain or use the services, software, and/or copyrighted information of third parties. In the event that the Services use or contain third party services or software, MariusSoft shall ensure that Your use of the Services under this Agreement is permitted by applicable third party agreements or licenses. MariusSoft does not warrant and has no responsibility for, and expressly disclaims any liability arising from, any third party services or software.
3.4 Data Protection. MariusSoft will take reasonable measures to comply with data protection laws that are applicable to this Agreement and to keep personal and confidential information secure. Within thirty (30) days of termination of this Agreement, You may make a written request for a copy of Customer Data. Upon receipt of such written request, MariusSoft will provide instructions as to how to receive the Customer Data. If You do not make such a written request within thirty (30) days of termination, then You provide consent to allow MariusSoft to delete all Customer Data in its possession.
3.5 Support and Maintenance Services. MariusSoft shall provide general technical support services to You as described at www.yappy.im/support, including bug fixes, error corrections, modifications, enhancements, upgrades, and new releases to ensure functionality. In addition, MariusSoft may offer premium technical support services at an additional charge.
IP Ownership and Rules of Use
The Application, Content, Services, and Website are owned by MariusSoft and constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws.
As a condition for your use of the Application, Services, and Website, You agree (i) not to use the Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); and (ii) not to interfere or disrupt the Services or servers or networks connected to the Services.
Payment and Fees
If You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services. You can view the current charges and fees associated with the Services at www.yappy.im/fees. All fees are set out in U.S. dollars.
To the fullest extent permitted by law, fees paid to MariusSoft are non-refundable. In extraordinary circumstances, MariusSoft may consider refunding fees paid to MariusSoft but is under no obligation to do so and any such refunds are at the discretion of MariusSoft. Nothing in these Terms of Service obligates MariusSoft to extend credit to any party.
You acknowledge and agree that You are the owner of any credit card account, PayPal account, and/or any other payment method that You submit to MariusSoft for payment of the Services. MariusSoft utilizes third party payment processors to process payments. You acknowledge and agree that any credit card and related billing and payment information that You provide to MariusSoft may be shared with companies who work on MariusSoft’s behalf, such as payment processors, solely for the purposes of verifying credit card ownership, effecting payment, and servicing your account. You agree that MariusSoft is not responsible for the actions of any third party payment processors. You are responsible for reviewing any applicable terms of service issued by any such third party payment processors.
Relationship of Parties
No joint venture, partnership, employment, or agency exists between You and MariusSoft, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
You need an account to use the Services. You may create an account by following the instructions provided on the Application or Website. You shall protect any passwords and account information and take full responsibility for your own, and third party, use of any of your accounts. If You learn of any unauthorized use of your password or account, contact MariusSoft immediately.
User Submitted Content and Service Data
You represent and warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content when using the Application, Website, or Services, You grant MariusSoft a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content.
MariusSoft disclaims any liability for any User Submitted Content or third party content submitted to, or posted when using, the Application, Services, or Website. If You believe that any materials infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to MariusSoft at firstname.lastname@example.org.
To provide effective notification, please provide the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
(ii) A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
(iii) The location of the allegedly infringing material;
(iv) Your name, address, email address, and telephone number;
(v) The following statement: “I have a good faith believe that the use of the material is not authorized by the intellectual property owner”; and
(vi) A statement under penalty of perjury that the information in the notification is accurate and that You are the owner of the intellectual property right or that You are authorized to act on behalf of the intellectual property right owner
Links to Other Sites
The Application, Services, or Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by MariusSoft of the contents, products, services, or business practices of such third party websites. MariusSoft is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
Disclaimer of Warranties
THE APPLICATION, SERVICES, AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARIUSSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MARIUSSOFT DOES NOT WARRANT THAT THE APPLICATION, SERVICES, OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION, SERVICES, WEBSITE, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARIUSSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, SERVICES, OR WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CONFIDENTIALITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE, OR TABLET AND ANY LOSS OF DATA THAT RESULTS FROM USE OF THE APPLICATION, SERVICES, OR WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM VIRUSES. MARIUSSOFT DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY WARRANTIES MADE BY THIRD PARTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER MARIUSSOFT NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE APPLICATION, SERVICES, OR WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE APPLICATION, SERVICES, OR WEBSITE.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF MARIUSSOFT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE APPLICATION, SERVICES, OR WEBSITE, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) BREACH OF CONDIENTIALITY; (III) PERSONAL INJURY OR PROPERTY DAMAGE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
MARIUSSOFT’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO MARIUSSOFT OR $10, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless MariusSoft, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Application, Services, or Website, (ii) your violation of these Terms of Service, (iii) your violation of any third party right, including, but not limited to, intellectual property rights and privacy rights, and (iv) any submission by You that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. MariusSoft reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of MariusSoft without MariusSoft’s prior written approval.
Representation of Age and Ability to Accept Terms of Service
If You are entering this Agreement on behalf of a business entity (or have created an account on behalf of a business entity), you represent and warrant that you have the authority to do so on behalf of such business entity.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Application, Services, and Website are not intended for children under 13. If You are under 13 years of age, then please do not use the Application, Services, or Website.
MariusSoft may, in its sole discretion, terminate or suspend your access at any time, without notice, to all or any part of the Application, Services, or Website for any or no reason, including, but not limited to, Your failure to make required payments and/or a breach of these Terms of Service.
If You wish to terminate Your account, You may discontinue using the Service. Instructions for terminating Your account are available on the Website.
Upon termination of this Agreement, (a) the rights and obligations of the parties will terminate, except that the rights and obligations that by their nature should survive shall survive such expiration or termination; (b) MariusSoft may immediately cease providing the Services; and (c) any and all payment obligations under this Agreement will become due immediately. 1
These Terms of Service may not be assigned by You without the prior written approval of MariusSoft. MariusSoft may assign these Terms of Service without your consent.
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or arbitrator or court, and the remaining provisions shall remain in full force and effect.
The failure of MariusSoft to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by MariusSoft. In addition, MariusSoft’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
These Terms of Service constitute the complete and final expression of the entire and only understanding between You and MariusSoft relating to the subject matter of this Agreement and supersedes any prior written or oral representations.
Governing Law and Venue
Class Action Waiver