Terms of Service
Last updated: December 13, 2024
Please read these terms carefully before using YaraCircle.
IMPORTANT LEGAL NOTICE
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. BY USING THIS SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and YaraCircle ("Company," "we," "us," or "our"), governing your access to and use of the YaraCircle website, mobile applications, and all related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
These Terms apply to all visitors, users, and others who access or use the Service worldwide. Your use of the Service is also governed by our Privacy Policy and Cookie Policy, which are incorporated herein by reference.
2. Eligibility and Age Requirements
YOU MUST BE AT LEAST 18 YEARS OLD TO USE YARACIRCLE. NO EXCEPTIONS.
By using the Service, you represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher
- You have the legal capacity and authority to enter into these Terms
- You are not prohibited from using the Service under the laws of your country or any applicable jurisdiction
- You have not been previously banned or removed from the Service
- You will not use the Service for any illegal, unauthorized, or prohibited purpose
- Your use of the Service will not violate any applicable law, regulation, or ordinance
We reserve the right to request proof of age at any time and to terminate accounts that we reasonably believe belong to users under 18 years of age.
3. Nature of Service and User Responsibility
YaraCircle is a platform that enables anonymous communication between users. WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT, COMMUNICATION, OR CONDUCT OF USERS.
YOU ACKNOWLEDGE AND AGREE THAT:
- You may encounter content that is offensive, harmful, inaccurate, or otherwise objectionable
- You may interact with individuals who may misrepresent themselves or their intentions
- You use the Service entirely at your own risk
- We are not responsible for verifying the identity, age, intentions, or legitimacy of any user
- We are not responsible for any interactions, meetings, or relationships that occur as a result of using the Service
- You are solely responsible for your interactions with other users
4. Account Registration and Security
To access certain features of the Service, you may create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information to keep it accurate and complete
- Maintain the security and confidentiality of your login credentials
- Accept full responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use or security breach
- Not share your account credentials with any third party
- Not create multiple accounts for deceptive or abusive purposes
We reserve the right to suspend, disable, or terminate any account at our sole discretion, without prior notice or liability, for any reason including violation of these Terms.
5. Acceptable Use Policy
You agree NOT to use the Service to:
- Harass, abuse, stalk, threaten, defame, or intimidate any person
- Engage in any form of bullying, hate speech, or discrimination
- Send spam, unsolicited messages, or promotional content
- Share, request, or distribute sexually explicit content involving minors
- Share violent, graphic, or disturbing content
- Impersonate any person, entity, or falsely represent your affiliation
- Collect, harvest, or store personal information of other users
- Attempt to gain unauthorized access to the Service, accounts, or systems
- Use automated systems, bots, scrapers, or data mining tools
- Transmit viruses, malware, or any harmful code
- Interfere with or disrupt the Service or connected networks
- Circumvent or manipulate our systems, security features, or moderation
- Engage in any commercial solicitation without authorization
- Violate any applicable local, state, national, or international law
- Encourage or facilitate any of the above activities
VIOLATION OF THESE RULES MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION, PERMANENT BAN, AND POTENTIAL LEGAL ACTION. WE COOPERATE WITH LAW ENFORCEMENT AUTHORITIES WHEN REQUIRED.
6. User Content and Conduct
You are solely responsible for all content you submit, post, transmit, or display through the Service ("User Content"). By submitting User Content, you:
- Warrant that you own or have the necessary rights to use and authorize use of the content
- Grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content
- Agree that we may remove, modify, or restrict access to any content at our sole discretion
- Understand that we do not guarantee confidentiality of any User Content
- Waive any moral rights you may have in the content
We do not endorse any User Content and expressly disclaim any liability in connection with User Content. We have no obligation to monitor User Content but reserve the right to do so.
7. Premium Subscription and Payments
7.1 Billing and Auto-Renewal
Premium subscriptions are billed in advance on a recurring basis. By subscribing, you authorize us to charge your payment method automatically until you cancel. Subscription fees are non-refundable except as expressly stated herein or required by applicable law.
7.2 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. NO REFUNDS OR CREDITS WILL BE PROVIDED FOR PARTIAL BILLING PERIODS, UNUSED TIME, OR FEATURES.
7.3 Price Changes
We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next billing period following notice to you.
7.4 Third-Party Payment Processors
Payments are processed by third-party payment processors (e.g., Stripe). Your use of such services is subject to their terms and privacy policies. We are not responsible for any errors or issues arising from third-party payment processing.
8. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE.
WE DO NOT WARRANT THAT:
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from the Service will be accurate or reliable
- Any errors in the Service will be corrected
- The Service will meet your requirements or expectations
- Any content or communications will be accurate, complete, or lawful
- Other users are who they claim to be
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YARACIRCLE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
- Any indirect, incidental, special, consequential, punitive, or exemplary damages
- Any loss of profits, revenue, data, use, goodwill, or other intangible losses
- Any damages resulting from your access to, use of, or inability to use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Any unauthorized access, use, or alteration of your transmissions or content
- Any personal injury or property damage resulting from your use of the Service
- Any interactions between you and other users, whether online or offline
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS LESS.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Indemnification
You agree to defend, indemnify, and hold harmless YaraCircle and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
- Your violation of any applicable law, rule, or regulation
- Any content you submit, post, or transmit through the Service
- Any claim that your content caused damage to a third party
- Any interaction between you and any other user of the Service
This indemnification obligation will survive the termination of these Terms and your use of the Service.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
11.1 Agreement to Arbitrate
You and YaraCircle agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, except that either party may seek injunctive relief in court for infringement of intellectual property rights.
11.2 Class Action Waiver
YOU AND YARACIRCLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.
11.3 Arbitration Rules
The arbitration shall be administered by a mutually agreed-upon arbitration provider or, if no agreement is reached, by an arbitration provider of our choosing. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.
11.4 Opt-Out
You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to legal@yaracircle.com with "Arbitration Opt-Out" in the subject line.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and YaraCircle agree to submit to the exclusive personal jurisdiction of the courts located in Singapore for any actions not subject to arbitration.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
13. International Users
The Service is operated from Singapore. If you access the Service from outside Singapore, you do so at your own risk and are responsible for compliance with all applicable local laws. We make no representations that the Service is appropriate or available for use in any particular location.
You agree not to access the Service from any territory where its contents are illegal or where your use would be unlawful. If you choose to access the Service from such locations, you do so on your own initiative and are responsible for compliance with local laws.
14. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including without limitation:
- Breach of these Terms
- Requests by law enforcement or government agencies
- Unexpected technical or security issues
- Extended periods of inactivity
- Discontinuance or material modification of the Service
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
15. Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, pandemics, epidemics, shortages of transportation, facilities, fuel, energy, labor, materials, or telecommunications failures.
16. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties, or if such modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and YaraCircle regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
18. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
19. No Professional Advice
Nothing in the Service constitutes professional advice of any kind, including but not limited to legal, financial, medical, psychological, or safety advice. Any decisions you make based on information or communications obtained through the Service are made at your own risk.
20. Contact Information
If you have any questions about these Terms, please contact us:
Email: legal@yaracircle.com
Support: support@yaracircle.com