Yano AI Terms of Use

LAST UPDATE: 1 June 2024

These Terms of Use (“Terms”) are a legal agreement between Jiyou (herein “Jiyou”) and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”).
By using or accessing any part of Yano AI (the “Service”), You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, You must not use or access the Service.

If You are entering into these Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms. If You have purchased a license to use the Service through an Jiyou reseller, You also agree to comply with the terms of any agreement between You and such reseller.
In the event of an inconsistency between these Terms and any such reseller agreements, these Terms shall control.

If you register for the Service free tier, these Terms will also govern that free tier.
We ask you not to use the Service and not to provide any information about yourself to us if you are below the age, defined in your jurisdiction, requiring parental consent or authorization for processing of personal data.
In any case, you must be 18 years or older and able to form a binding contract with Jiyou to use the Service.

Description of Service

Yano AI is an application that sends email campaigns. The sending is usually done via Eluns extension and the emails are sent using the Gmail API. The Service is offered and provided subject to these Terms and solely for Your business purposes.
You may connect to the Service using any Internet browser supported by the Service. The Service requires a Google account that will be used to access the Service configuration console and a datasource which will contain the data processed by the Service.
You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the datasource and their content.
All fees associated with the foregoing shall be paid by You.

Modifications

To these Terms:Jiyou reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website.
You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes.

To the Service: Jiyou may make changes to the Service from time to time. Jiyou will notify you of any material changes or modifications.
Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Purchase Orders: The legal terms and conditions on any purchase order, confirmation, other instrument used to pay Service fees to Jiyou or any other document submitted by the Customer to Jiyou (including without limitation those which are in contradiction with these Terms, or those added by the Customer on documents submitted by Jiyou to the Customer without written approval from Jiyou) will have no effect and are hereby rejected.

Use of the Service

Access to Service: Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access.
Upon installation of the Service, Customer will configure the applicable datasource(s) which contain the data to be processed by the Service, as required to send email campaigns with Yano AI.

License to Customer: Subject to Customer’s compliance with these Terms and the Google Cloud Platform Acceptable Use Policy, including, without limitation, Customer’s payment of all applicable fees, Jiyou hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use, execute, perform and display the Service, solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify Jiyou for all claims and losses related to any such acts and/or omissions.
Jiyou reserves the right to terminate unpaid accounts. Jiyou will provide Customer with prior notice of such termination by email.

Restrictions on Use

Restrictions on Use of Yano AI: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:

  1. Copy, modify, adapt, translate or otherwise create derivative works of the Service;
  2. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
  3. Rent, lease, sell, assign or otherwise transfer rights in or to the Service;
  4. Remove any proprietary notices or labels from the Service;
  5. Use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
  6. Use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
  7. Otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
  8. Process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

This list of prohibitions provides examples and is not complete or exclusive.
If you intend to use the Service for any purpose or in any manner involving Protected Health Information, it is your responsibility to (a) execute a Business Associate Agreement with Google related to your HIPAA data stored by Google, and (b) execute a Business Associate Agreement with Jiyou related to your HIPAA data stored in the Service.

Jiyou reserves the right to suspend or terminate your access to Service with or without cause and with or without notice, for any reason or no reason, or for any action that Jiyou determines is inappropriate or disruptive to the Service or to any other user of this Service.
Google may suspend your Google Apps account if: (a) your use of Google Apps is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) Google Apps; (ii) other users’ use of Google Apps; or (iii) the Google network or servers used to provide Google Apps services; or (b) there is unauthorized third-party access to Google Apps.
Jiyou may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
When legally required or at Jiyou’s discretion, Jiyou will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold Jiyou and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense)Jiyou or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Suspension

Jiyou reserves the right to suspend or terminate Customer’s access to the Service with or without notice if Jiyou reasonably determines that:

(a) There is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, Jiyou, Customer, or any user of the Service; (b) Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm Jiyou’s systems, or may subject Jiyou or any third-party to liability; (c) Customer or any User is using the Service for fraudulent or illegal activities; (d) Subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (e) Customer or any User is using the Service or other Jiyou property in breach of this Agreement; or (f) Customer is in default of its payment obligations hereunder (collectively, “Service Suspensions”).

Jiyou will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer, and to provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.

Fees, Subscription Term, Termination and Refund

  1. Fees. Customer agrees to pay the subscription fees applicable to Customers and its Users use of the Service. Such fees will be paid on a periodic basis as agreed with Jiyou when you registered for the Service.
    All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.
  2. Subscription Term. These Terms will remain in effect until the expiration, termination or renewal of your subscription, whichever occurs first.
  3. Termination. You may terminate your subscription for convenience at any time during the Term; however, in case of termination for convenience before the end of the Term, all fees associated with your subscription remain due and payable and no refunds of prepaid fees will be paid to you.
  4. Refund. Given the nature of the Service, we do not offer a refund or credit on a purchased subscription unless required under applicable consumer law. We will generally not provide refund in the following situations:
    • You have changed your mind about the Service
    • You don’t need the Service anymore
    • You are dissatisfied with the Service
    • You have not used the Service

If you believe that Jiyou has charged you in error, you must contact Jiyou within 30 days of such charge. No refunds will be given for any charges that are more than 30 days old.

Ownership

All rights, title and interest in and to the Service, including without limitation any error corrections, enhancements, updates or modifications to the Service and any software and documentation provided therewith are and will remain the property of Jiyou, and its licensors.
Customer acknowledges that it does not acquire any rights, express or implied, in the Service, except for the limited rights specified in these Terms.

Privacy Policy

The Privacy Policy, available at Privacy Policy, governs the collection, use and disclosure of personal information by Jiyou. You agree to the terms of the Privacy Policy.

Indemnification

Customer shall defend, indemnify, and hold harmless Jiyou, its affiliates, directors, officers, employees, and agents from and against all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) Customer’s use of the Service; (b) any breach by Customer of any provision of these Terms; (c) any violation by Customer of any applicable law, regulation, or order of any court or governmental agency.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JiYOU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

General Provisions

Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of [DC], without regard to its conflict of laws provisions.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Waiver: The failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Entire Agreement: These Terms constitute the entire agreement between you and Jiyou regarding your use of the Service, superseding any prior agreements between you and Jiyou relating to the Service.

Contact Information

If you have any questions about these Terms, please contact us at:

Jiyou
yuzhifei@iftech.io