Yakety Terms of Service (ToS)

Effective Date: 6th of May 2025

Last Updated: 6th of May 2025

2.1 Introduction and Acceptance of Terms

Welcome to Yakety! These Terms of Service ("Terms," "ToS," or "Agreement") govern your access to and use of the Yakety chat services, including the website located at https://yakety.cloud/ and any related services (collectively, the "Service"), provided by HomelessTech ("Yakety," "we," "us," or "our").

PLEASE READ THESE TERMS CAREFULLY. By accessing the website, creating an account, clicking "I accept" or "Sign Up," or otherwise using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

This explicit statement of agreement through use or registration (clickwrap/browsewrap) is crucial for ensuring these Terms are legally binding.

2.2 User Accounts

2.2.1 Eligibility:

To use Yakety, you must be at least 13 years old (or such higher age as required in your jurisdiction to form a binding contract and consent to data processing). If you are under the age of 18, you represent that you have obtained permission from your parent or legal guardian to use the Service and agree to these Terms. The Service is not intended for individuals under the age of 13. You must provide accurate, current, and complete information during the registration process.

2.2.2 Account Security:

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account. We encourage you to use a strong password (e.g., a combination of upper and lower case letters, numbers, and symbols) that is unique to your Yakety account. You agree not to disclose your password to any third party. You must notify Yakety immediately upon becoming aware of any breach of security or unauthorized use of your account. Your account is personal to you, and you may not transfer or assign your account to any other person or entity.

2.2.3 Service Cost:

Yakety is currently provided free of charge. All features described on the website, including direct messaging, group chats, random connections, and profile customization, are available without payment. Explicitly stating the free nature manages user expectations, but also means enforcement relies primarily on account actions like termination, rather than financial levers.

2.3 Acceptable Use Policy / Code of Conduct

Your use of Yakety is subject to these Terms, including this Acceptable Use Policy ("AUP"). You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Yakety. Violation of these rules may result in suspension or termination of your account. This section outlines expected conduct; a separate, more detailed AUP document could also be linked.

2.3.1 Prohibited Activities:

You agree that you will not engage in any of the following activities:

• Illegal Conduct: Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harmful Content: Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. This includes hate speech, glorification of violence or illegal substances, and content exploiting minors.
• Infringement of Rights: Violate, infringe upon, or misappropriate the intellectual property rights (including copyright and trademark), privacy rights, publicity rights, or other personal or proprietary rights of others.
• Harassment and Abuse: Harass, abuse, threaten, stalk, bully, defame, or otherwise intimidate other yaks.
• Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Spamming: Send unsolicited messages, promotions, advertisements, or solicitations (spam), including excessive or repetitive messages.
• Malicious Software: Transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
• System Interference: Interfere with or disrupt the integrity or performance of the Service or the data contained therein; attempt to gain unauthorized access to the Service or its related systems or networks; perform security probes or vulnerability tests.
• Data Mining/Scraping: Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access.
• Sharing Private Information: Distribute other people's personal and confidential information (e.g., phone numbers, addresses, credit card numbers, government IDs) without their explicit permission.

2.3.2 Yak-Specific Conduct:

• Respectful Yakking: Engage in respectful and constructive yak-versations. Avoid excessive use of capital letters, which can be perceived as yak-shouting.
• Random Yak: The Random Yak feature uses aliases for anonymity between yakkers. However, this anonymity does not excuse violations of this AUP. All rules regarding prohibited yak-tent and yak-havior apply equally to random yakking. Do not attempt to solicit identifying information from or reveal your own yak-entity to your yak partner unless mutually agreed upon. Do not attempt to circumvent the alias system or otherwise de-yakify other yaks. Anonymity can lower inhibitions, making adherence to yak-duct rules even more critical in this context.
• Herd Yakking: If you create or manage a herd, you may have additional responsibilities for maintaining a positive environment within that herd, subject to Yakety's overall Terms and yakderation rights.

2.3.3 Yak-itoring and Yakforcement:

Yakety reserves the right, but has no obligation, to yak-itor yak-munications and yak-tent within the Service to ensure compliance with these Terms and our Privacy Policy. We may investigate violations and take appropriate yak-tion, including removing yak-tent or exiling yaks from the herd, as described in Section 2.6. This yak-itoring is necessary for enforcing the AUP but will be conducted in accordance with our Privacy Policy and applicable laws.

2.4 User-Generated Content (UGC)

You and other yaks may create, upload, post, send, receive, and store content while using the Service, including messages, profile information (pictures, bios), and other materials ("User-Generated Content" or "UGC").

2.4.1 Ownership:

You retain ownership of the intellectual property rights in the UGC that you create and share on Yakety.

2.4.2 License Grant to Yakety:

By submitting, posting, or displaying UGC on or through the Service, you grant Yakety a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (e.g., to reformat for display), adapt, publish, publicly perform, publicly display, and distribute your UGC. This license is granted solely for the limited purpose of operating, developing, providing, promoting (only if content is made public by the yak, e.g., potentially public herds if feature exists), and improving the Yakety Service, and researching and developing new ones. This license is narrowly tailored to service operation, aligning with Yakety's privacy focus and avoiding overly broad rights that might conflict with yak expectations on a chat platform. This license ends when you delete your UGC or your account, although removed content may persist in backup copies for a reasonable period (subject to our data retention practices described in the Privacy Policy) or if legally required.

2.4.3 Your Responsibility for UGC:

You are solely responsible for the UGC you submit and the consequences of posting or publishing it. You represent and warrant that:
(i) You are the creator and owner of the UGC, or have the necessary licenses, rights, consents, and permissions to authorize Yakety and yaks of the Service to use and distribute your UGC as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Yakety and these Terms.
(ii) Your UGC, and the use of your UGC as contemplated by these Terms, does and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other yak; or (c) violate any applicable law or regulation or the rules outlined in Section 2.3 (Acceptable Use Policy).

2.4.4 Moderation and Removal of UGC:

Yakety does not undertake to review all UGC before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. However, Yakety reserves the right, in its sole discretion, to review, screen, reject, refuse to post, remove, modify, store, or hide any UGC at any time and for any reason (including, but not limited to, violation of these Terms or our AUP), without notice. We are not responsible or liable for the conduct of our yaks or the content they share.

2.5 Yakety's Intellectual Property

The Service and its original content (excluding UGC), features, and functionality are and will remain the exclusive property of HomelessTech and its licensors. This includes, but is not limited to, the Yakety name, logo, trademarks, service marks, website design, software, code, graphics, text, images, audio, video, and overall "look and feel" of the Service. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the applicable jurisdictions.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use, strictly in accordance with these Terms. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as necessary for your use of the Service as permitted by these Terms. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. All rights not expressly granted are reserved by Yakety/HomelessTech. Clearly distinguishing platform IP from UGC IP avoids confusion over ownership.

2.6 Termination

These Terms remain in effect until terminated by either you or Yakety.

2.6.1 Termination by You:

You may terminate your agreement to these Terms at any time by deleting your Yakety account and discontinuing your use of the Service. Instructions for account deletion may be found within the Service settings or by contacting support. Upon termination by you, your right to use the Service ceases immediately. Data associated with your account will be handled according to our Privacy Policy and data retention practices.

2.6.2 Termination by Yakety:

We reserve the right, in our sole discretion, to suspend or terminate your account and/or access to all or part of the Service at any time, with or without notice, for any reason or no reason, including, without limitation, if we believe you have violated these Terms or engaged in conduct that we deem harmful to the Service, other yaks, or third parties. While we reserve broad termination rights for platform protection, actions are typically based on specific violations outlined in Section 2.3. If we terminate your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

2.6.3 Effect of Termination:

Upon termination of your account, your right to access and use the Service will immediately cease. Your UGC may be deleted in accordance with our data retention policies outlined in the Privacy Policy. Certain provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 2.4.1, 2.5), license grants from you to Yakety necessary for residual storage or legal compliance (Section 2.4.2), disclaimers of warranties (Section 2.7), limitations of liability (Section 2.8), indemnification (if included), governing law and dispute resolution (Section 2.9), and miscellaneous provisions (Section 2.11).

2.7 Disclaimers of Warranties

THE YAKETY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YAKETY, HOMELESSTECH, AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:
(A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
(E) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING USER-GENERATED CONTENT. WHILE WE IMPLEMENT SECURITY MEASURES AS DESCRIBED IN OUR PRIVACY POLICY, WE DO NOT WARRANT THAT THE SERVICE IS IMMUNE FROM UNAUTHORIZED ACCESS OR SECURITY BREACHES. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. This disclaimer aligns with the reality that absolute security cannot be guaranteed, managing expectations regarding the "secure messaging" aim.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2.8 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YAKETY, HOMELESSTECH, OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
(A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER YAKS OR THIRD PARTIES;
(C) ANY CONTENT OBTAINED FROM THE SERVICE;
(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
(E) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD). Since Yakety is free, liability cannot be capped based on fees paid; therefore, a nominal cap is necessary for risk management.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YAKETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

2.9 Governing Law and Dispute Resolution

2.9.1 Governing Law:

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of [Insert State Here], United States, without regard to its conflict of law principles. The choice of jurisdiction should align with HomelessTech's operational base or incorporation state for legal consistency.

2.9.2 Dispute Resolution:

We encourage you to contact us first if you have an issue with the Service. Most disputes can be resolved informally.

• Informal Negotiation: Before initiating any formal proceeding, you agree to first attempt to negotiate any dispute arising out of or relating to these Terms informally for at least thirty (30) days by contacting us at [Insert Contact Email, e.g., support@yakety.cloud].
• Binding Arbitration: If informal negotiation is unsuccessful, you and Yakety agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
• Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
• Arbitration Location: The arbitration will be conducted in [Insert City, State for Arbitration], unless you and Yakety otherwise agree.
• Class Action Waiver: YOU AND YAKETY 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Yakety agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Arbitration with a class action waiver is generally advantageous for managing legal risk for startups.
• Opt-Out: You can decline this agreement to arbitrate by contacting us at [Insert Contact Email for Opt-Out] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
• Jurisdiction for Litigation: If the agreement to arbitrate is found not to apply to you or your claim, you and Yakety agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in [Insert County, State for Litigation]. Both you and Yakety consent to venue and personal jurisdiction there.

2.10 Changes to Terms

Yakety reserves the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notice may be provided by posting the updated Terms on the Service, sending you an email notification, or through other communication channels. Providing direct notice for significant changes is recommended for transparency.

By continuing to access or use our Service after those 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. We encourage you to check this page periodically for updates. The "Last Updated" date at the top of these Terms indicates when the latest modifications were made.

2.11 Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy (which is incorporated by reference), constitute the entire agreement between you and Yakety regarding your use of the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Yakety.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Yakety's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Yakety may freely assign or transfer these Terms without restriction.
• Contact Information: If you have any questions about these Terms, please contact us at: support@yakety.cloud. Providing a specific contact for ToS questions helps direct inquiries effectively.