Welcome to Yimpy our iOS and Android Mobile Applications (our “App”). These Terms of Service (the “Terms”) constitute a legal agreement between you and us governing the use of our App and our Services.

1. ABOUT US

   • We are Yimpy LLC of 4008 Barbara Loop Southeast, Rio Rancho NM 87124, USA (“Yimpy”, “we”, “us”, or “our”).
   • We operate Yimpy our iOS and Android Mobile Applications (our “App”),
   • To contact us, please use our Contact Form.
   • These Terms were last updated on Friday, November 29th, 2024, and are the current and valid version.
   • The Yimpy logo, marks, emblems and images are the copyright of Yimpy LLC. All Rights Reserved © 2024 Yimpy LLC.
   • Our Privacy Policy, Terms and Conditions and End User License Agreement equally apply to your use of our App and forms part of these Terms.

2. TERMS AND CONDITIONS

   • The provisions set out in these Terms govern your access to and your use of our App and our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our App.
   • We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our App or your Account at any time, or remove or edit content (including content submitted by you) on our App or on any of our affiliated websites (including social media pages).
   • We reserve the right to change, modify, suspend, or discontinue any portion of the services, our App or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
   • Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our App or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

3. ACCOUNT AND PASSWORD

   • The services are provided via a dedicated account.
   • You are responsible for keeping your account confidential.
   • By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our App, you agree and acknowledge that:
     • you have read the terms set out in these Terms and agree to be bound by and comply with them; and
     • you must be at least 18 years of age.
   • You are also responsible for any use of any account that you have access to, whether or not you authorized the use.
   • You will immediately notify us of any unauthorized use of your accounts.
   • You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised account.

4. ACCOUNT SUSPENSION AND TERMINATION

   • We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms.
   • We will determine, in our discretion, whether there has been a breach of our acceptable use requirements through your use of our App. When a breach of this agreement has occurred, we may take such action as we deem Appropriate.
   • Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our App, and may result in our taking all or any of the following actions:
     • immediate temporary or permanent withdrawal of your right to use our App;
     • immediate temporary or permanent removal of any services rendered;
     • issuance of a warning to you;
     • legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
     • further legal action against you; and/or
     • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
   • We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem Appropriate.

5. SUBSCRIPTIONS

   • Access to certain premium features of our App requires payment of fees before you can access or use them (“Fees”). These Fees will be notified to you through the App and processes exclusively through our Payment Service Providers Google and Apple.
   • Any Fees due in relation to your subscription must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of the services.
   • Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
   • You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
   • All payments shall be made by using the payment methods specified. You acknowledge and agree that you are subject to Google’s and Apple’s Services Agreement. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method.
   • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
   • Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our add-ins, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
   • Your subscription can be canceled directly via the Google Play Store and Apple App Store. Depending on the period selected by you, the subscription shall be automatically renewed for the same period, unless you cancel it within the specified period of 24 hours to the end of the respective period.

6. REFUND POLICY

   • We provide digital services, the following apply:
     • All Sales Are Final. We do not offer refunds under any circumstances.
     • No Returns or Exchanges. As we provide a digital service, so returns and exchanges do not apply. We do not offer any kind of returns or exchanges.
   • In the unlikely event that you are experiencing or have experienced a technical error, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you. You must submit your request in writing within 7 days of the purchase date. (Requests should be sent using info@Yimpy.com and include your name, contact information, and a detailed explanation of your reasons for requesting a refund.

7. COOLING OFF (EU USERS)

   • As an EU User, you have the legal right to cancel your contract for a digital subscription within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the confirmation of the contract.
   • You expressly agree that we begin supply of the content (access to our Premium Features) as part of your subscription before the end of the 14 day cancellation period referred to in the previous paragraph. You also acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost when you access our App because, at that point, we will have begun the supply of the content to you as part of the subscription.
   • To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
   • If you cancel this contract we will reimburse you all payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

8. CHARGEBACKS

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

9. ADVERTISERS

   • We allow advertisers to display their advertisements and links and other information in certain areas of our App.
   • Advertisers take full responsibility for any advertisements placed in our App and any services provided or products offered through those advertisements.
   • We simply provide the space to place such advertisements and links, and we have no responsibility over any advertisements placed in our App or other relationship with advertisers.

10. CONTENT STANDARDS

    • These content standards apply to any and all information and material which you post or upload on our App (“Contributions”).
    • You must comply with the spirit of the following standards as well as the letter. The standards Apply to each part of any Contribution as well as to its whole.
    • Contributions must comply with applicable law, in particular, the laws of any country from which they are posted.
    • You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licenses allowing you to upload and post the Contributions to and on our App.
    • Contributions must not:
      • infringe any intellectual property right of any other person;
      • be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;
      • contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
      • be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
      • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      • give the impression that they emanate from us, if this is not the case; or
      • advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.
    • You may use our App only for lawful purposes. You may not use our App:
      • in any way that breaches any applicable local or international laws or regulations;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You also agree:
      • not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of our Terms; and
      • not to access without authority, interfere with, damage or disrupt:
      • any part of our App;
      • any equipment or network on which our App is stored;
      • any software used in the provision of our App; or
      • any equipment or network or software owned or used by any third party.
    • We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
    • Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.
    • We operate a safe space for people to engage, share, and network. We operate a zero-tolerance policy with regards to the abuse of our service users or staff. Personal or targeted insults, threats, obscene and aggressive comments directed at other service users or at staff will not be tolerated. Users who persist in engaging in this way may be excluded from our services. Please report any abusive posts or incidences of cyber-bullying to our admin.

11. UPLOADING CONTENT TO OUR APP

    • You irrevocably and unconditionally represent and warrant that any of your content uploaded to our App complies with our Privacy Policy, with New Mexico’s statutory and common law privacy and data protection requirements and the EU’s General Data Protection Regulation (GDPR) and any other applicable laws.
    • You are fully responsible for your content uploaded to our App. We will not be responsible, or liable to any third party, for:
      • the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our App; or
      • the loss of any content or data provided to us by you. You should keep a record of all such content and data.
    • We will only use the content uploaded by you for the purposes of carrying out the services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the services and our response to users of the App.
    • We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their rights under applicable law.
    • We have the right to delete any content uploaded to our App if, in our opinion, it does not comply with the content standards set out.

12. CONTRIBUTION LICENSE

    • By posting your Contributions to any part of the App or making Contributions accessible to the App you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
    • We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App.
    • You are solely responsible for your Contributions to the App, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
    • We have the right, in our sole and absolute discretion,
      • to edit, redact, or otherwise change any Contributions;
      • to re-categorize any Contributions to place them in more Appropriate locations on the App; and
      • to pre-screen or delete any Contributions at any time and for any reason, without notice.
    • We have no obligation to monitor your Contributions.

13. END OF LIFE

We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to a) transition you to a substantially similar Service or b) upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.

14. SERVICE LEVELS AND SUPPORT

    • During the Subscription Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our App and the Services. The total amount of technical support provided by us shall be governed under the fair use principle.
    • We have no obligation to provide any support:
      • for anything other than our Services;
      • if you or a third party has altered or modified any portion of the Services;
      • if you have not used the Services in accordance with the documentation or instructions provided by us;
      • to anyone other than you.
    • The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.

15. PROPRIETARY RIGHTS

    • You acknowledge and agree that we own all intellectual property rights in our App. Except as expressly stated herein or our Terms and Conditions and End User License Agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our App.
    • You confirm that you have all the rights in relation to our App that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.

16. LIMITATION OF LIABILITY

    • We are not liable for the completeness, accuracy or correctness of any information uploaded on our App and any related content. You expressly agree that your use of the services and our App, is at your sole risk.
    • You agree not to use the services, our App and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our App or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • Our App is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our App. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

17. INDEMNIFICATION

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

18. BINDING ARBITRATION

    • If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
    • The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association («AAA») in Rio Rancho, New Mexico and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes («AAA Consumer Rules»), both of which are available at the AAA Website www.adr.org.
    • Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
    • The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
    • The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

19. CLASS ACTION WAIVER

The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

20. WAIVER OF JURY TRIAL

Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.

21. OTHER IMPORTANT TERMS

    • We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us.
    • Each Party acknowledges that, in entering into these Terms, it does not rely on any representation, warranty, or other provision except as expressly provided in these Terms, and all conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • These Terms shall be governed by and construed in accordance with the laws of the state of New Mexico, without regard to its choice of law provisions.