Terms of Service for Yayabooks, LLC
Last Updated November 16, 2024
Welcome to Yayabooks! These Terms of Service (“Terms”) are an agreement between you and Yayabooks, LLC (“Yayabooks,” “us,” or “we”) to use our online platform that lets you create personalized, AI-generated children’s books with custom characters, stories, and artwork. Yayabooks is brought to you by and includes yayabooks.app, our applications (“App”), related devices and products (“Products”), and our website including yayabooks.app and our other online channels (collectively, our “Services”). By accessing, installing, downloading, or using the Services in any manner, you accept and consent to these Terms and all documents incorporated by reference on behalf of yourself and any user who is a legal minor (“child”) that you permit to use the Services through your account, and you represent and warrant that you meet the eligibility requirements in Section 1. If you are a Parent or School (defined below), then “you” as used herein (unless the context requires otherwise) includes both you and the child you permit to use the Services through your account.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND YAYABOOKS.
If you have any questions about our Terms of Service, please feel free to contact us at accounts@yayabooks.app.
1. Eligibility to Use Yayabooks
Yayabooks is designed for use by adults and children under the supervision of the child’s parent or legal guardian (in each case, the “Parent”) or through the child’s educator or administrator of a school, school district, local education agency (“LEA”), or other organization (collectively, “Schools”). To be eligible to create an account and subscribe to the Services (“Account Creator”), you must be at least 18 years of age, be physically located in a jurisdiction where we offer the Services, and where the use of the Services complies with applicable laws, and at all times abide by these Terms. Children may only access Yayabooks through an Account Creator’s account, whether the Account Creator is the child’s Parent, School, or another authorized adult. Account Creators may create multiple profiles under their account for children and other users to access the Services, subject to the eligibility requirements in this section.
2. Accepting these Terms
You accept the Terms on behalf of yourself as a Parent or School and any child whom you permit to use the Services through your account by:
- Clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form;
- Creating an account;
- Clicking “sign up” or any similar mechanism; or
- Downloading or using the Services in any manner.
If you do not agree to these Terms, do not access or use the Services. Any additional, separate terms that apply to your use of the Services will be considered to form part of these Terms. Yayabooks reserves the right to delete any account or remove any user from the Services for failure to comply with any eligibility requirements, these Terms, or for any other reason at our sole discretion, with or without notice to you.
3. Children Using Yayabooks
If you are an Account Creator and you permit a child to use the Services through your account, you represent and warrant that you have the legal authority to agree to these Terms and consent to the child’s use of the Services on behalf of that child. Additionally, you agree to be bound by these Terms on behalf of yourself and the child, and to be solely responsible for obtaining all legally required consent or authorizations for the child to use the Services.
4. Schools Using Yayabooks
If you use the Services in a School setting, you understand and agree that Yayabooks is considered a “school official” with a legitimate educational interest for the purposes of the Family Educational and Privacy Rights Act (“FERPA”).
5. Health and Seizure Warning
Some users may experience fatigue, nausea, or vertigo while using certain features of the Services. You are responsible for reviewing and adhering to any and all safety tools and tips provided for the Services features you use. In rare instances, exposure to certain light patterns or backgrounds on a screen may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Taking rest breaks from use may help alleviate symptoms.
6. Subscriptions
The Services are available on a monthly or annual subscription basis. If you sign up for a subscription for your own account or purchase a subscription as a gift for someone else, you agree to pay the subscription fee stated at the time you subscribe, as well as any taxes, fees, or other charges associated with your use of the Services...
7. Fees & Payments
You agree to pay any and all fees associated with your use of the Services. Unless otherwise stated when you subscribe, your subscription will automatically renew at the end of the initial subscription term and each subsequent subscription term...
8. Ownership & License Grant
The Services, which include all contents, features, and functionality (including but not limited to all information, software, mobile applications, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Yayabooks, our licensors, or other providers of such material...
9. Infringement Notifications
Yayabooks takes the rights of others very seriously. If you are concerned that any contents on the Services is improper or infringing, please contact us at accounts@yayabooks.app...
10. Acceptable Use
You are personally responsible for all use of the Services through your account. You represent and warrant that you will use the Services in accordance with the following acceptable use requirements...
11. Prohibited Acts
You and your child are strictly prohibited from engaging in the conduct described below. By using the Services, you represent and warrant that you will not:
- Take actions such as republishing, selling, duplicating, or modifying the contents or materials on the Services, except as expressly permitted.
- Impersonate others, collect information without consent, or upload harmful content.
- Engage in unlawful, threatening, or objectionable conduct.
- Reverse engineer or exploit the Services in unauthorized ways.
Additionally, violations of our security features, fraudulent activities, and other prohibited actions may result in legal action and/or termination of your access to the Services.
12. Software Requirements
To use the Services, you must have a compatible device, internet access, and meet the specified Software Requirements. Updates may modify or delete features, and charges from your network provider may apply. Ensure you have necessary permissions if you are not the bill payer.
13. Availability & Updates
Yayabooks will make reasonable efforts to maintain the Services' availability but is not liable for interruptions. Updates may add, modify, or remove features. You must install all Updates promptly for proper functionality.
14. Purchases
Purchases are governed by the related terms of sale. Prices may change for unpaid sales. Risk of loss transfers upon delivery to the carrier. Yayabooks disclaims implied warranties to the fullest extent permitted by law.
15. Your Content
Interactive Features allow posting of Your Content, which you license to Yayabooks for related purposes. You are responsible for ensuring Your Content complies with these Terms and applicable laws. Yayabooks may delete Your Content without liability.
16. Feedback
By providing Feedback, you grant Yayabooks rights to use it for any purpose. You represent that your Feedback is not subject to third-party claims or restrictive licensing terms.
17. Third-Party Services
Accessing Third-Party Services from the Services is at your own risk. Yayabooks is not liable for any loss or damage resulting from the use or reliance on these services.
18. Disclaimer of Warranties
The Services are provided "as-is" without warranties of any kind, including fitness for a particular purpose or non-infringement. Yayabooks does not guarantee uninterrupted or error-free operation.
19. Limitation of Liability
Yayabooks is not liable for indirect, punitive, or consequential damages. Total liability is limited to the greater of fees paid in the last three months or $100. If these limitations are unreasonable to you, do not use the Services.
20. Indemnification
You agree to indemnify, defend (at our option), and hold harmless Yayabooks, our affiliated companies, our non-affiliated partners, and their respective parent companies, affiliates, subsidiaries, officers, directors, members, managers, employees, agents, third-party content providers, sponsors, or licensors (collectively the “Yayabooks Indemnities”) from and against any and all claims, losses, damages, liabilities and expenses (including legal fees and expenses), resulting from or arising out of your: (i) violation of these Terms; (ii) negligent, willful misconduct, fraud, or strict liability; (iii) use, misuse and/or access of the Services; (iv) violation of any applicable law; (v) Your Content that you post, store, or otherwise transmit in or through the Services; or (vi) violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein.
21. Termination
You may close your account and unsubscribe from your subscription (“Termination”) at any time and for any reason by logging into your account and following the account closure process or by contacting Yayabooks at accounts@yayabooks.app. Immediately upon Termination: (i) all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use the Services, and (ii) you must immediately discontinue all use of the Services.
22. Dispute Resolution
a. Informal Dispute Resolution
We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Yayabooks, you agree to try to resolve the Dispute informally by contacting accounts@yayabooks.app.
b. Arbitration Agreement
You and Yayabooks each agree to resolve any Disputes through final and binding arbitration administered by a Virginia-based administrator of Yayabooks choosing (“Arbitor”).
c. Class Action Waiver
You may only resolve Disputes with Yayabooks on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
d. Governing Law
These terms and conditions will be governed by and construed in accordance with the laws of Virginia, USA.
23. General Terms
a. Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
b. Geographic Restrictions
Yayabooks is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
c. Void where prohibited
Use of the Services is void where prohibited. Yayabooks reserves the right to limit, in our sole discretion, the provision and quantity of all or certain Services to any person or geographic area.
d. Assignment
You may not assign, delegate, or transfer these Terms without Yayabooks’s prior written consent, but Yayabooks may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation, or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.
e. Entire Agreement
Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Yayabooks and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between Yayabooks and you regarding the Services.
f. Enforcement
Yayabooks reserves the right (but is not required) to remove or disable your access to the Services, disable any username, password, or other identifier, whether chosen by you or provided by us, or remove any of Your Content at any time and without notice, and at our sole discretion if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Yayabooks, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
g. Waiver; Severability
Yayabook’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
h. Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given to you via email by posting to the Services. For notices, which must be made by email, the date of receipt of the message will be deemed the date on which such notice is transmitted. Send notices to accounts@yayabooks.app.
i. Email marketing opt-in
By creating an account with us, you agree to receive marketing communications via email, applicable only to U.S.-based subscribers. This may include newsletters, promotional offers, and updates about our products and services. You can opt out of these communications at any time by following the unsubscribe instructions included in each email.
24. Consent to Do Business Online
By accessing the Services, registering for or using the Services, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to:
- Yayabooks communicating with you electronically;
- Receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and
- Entering into agreements and transactions using electronic Records and signatures.
Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at accounts@yayabooks.app. Agreements and transactions executed prior to this request will remain valid and enforceable.
25. Terms Updates
Yayabooks may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and will apply to all access to and use of the Services thereafter. Your continued use of the Services after the posting of amended Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must discontinue all use of the Services.
