Yopki Terms of Use

Effective Date: April 29, 2025

Welcome to Yopki!

These Terms of Use (“Terms of Use” or “Agreement”) are a legal agreement between you or the organization you represent (collectively “you” or “your”) and Yopki, Inc. (“Yopki,” “us,” “we,” or “our”) governing your use of or interaction with our website, Yopki.com (the “Site”), and our hosted services, mobile apps (“Apps”), content and postings on the site, and support and other related services we make available (collectively the “Services”). If you use or interact with any of the Services, you are consenting to these Terms of Use and our Privacy Policy posted at http://www.yopki.com/privacy which is incorporated here by reference.

To use our Services, you must be at least 18 years old and of sufficient age in your jurisdiction to lawfully enter into contracts. If you are accepting these Terms of Use on behalf of an organization, such as an employer or some other organization you are authorized to represent, you represent and warrant that you have the authority to bind that entity to these Terms of Use. If you do not agree to the terms and conditions of the Terms of Use, or you lack the authority to do so for your organization, you may not use or interact with the Services.

THESE TERMS OF USE INCLUDE MANDATORY DISPUTE RESOLUTION TERMS THAT REQUIRE ARBITRATION OF DISPUTES, WAIVE OF JURY TRIALS, AND ALLOW RESOLUTION ON AN INDIVIDUAL BASIS ONLY. Please read the “Mandatory Dispute Resolution” provisions further below.

  1. Your Use of Services. Subject to the terms and conditions of these Terms of Use, and for the period from your acceptance of the Terms of Use until expiration or termination of your right to use the Services (the “Term”), Yopki grants you a limited, revocable, non-exclusive, non-assignable right and license to access and use the Services during the Term as described herein and subject to any additional posted community guidelines or restrictions related to the Services. No implied licenses are granted by Yopki in these Terms of Use. Yopki reserves the right to suspend or revoke this right and license at any time.
  2. Your Responsibility for Content. You will have sole responsibility and liability for the accuracy, quality, integrity, legality, reliability, and appropriateness of any and all information you enter, upload, or otherwise provide to Yopki including without limitation any content you may post and share, content you import from or export to a third-party service, and communications you send to us or other users through the Site (collectively “Your Content”). Yopki undertakes no duty to review, evaluate, filter, monitor, censor, and/or approve such information, but we reserve the right to block users who engage in illegal, unethical, or Prohibited Practices on our Site as described in these Terms of Use and report any suspected illegal or prohibited activity to appropriate authorities. You grant Yopki non-exclusive rights in Your Content during the term as needed to store, process, transfer, modify, and disclose the Your Content in order to provide the Services you have requested. Further, to the extent you elect to make any of Your Content publicly available through Yopki (“Public Content”) you grant us and our successors and assigns a non-exclusive, worldwide, perpetual, irrevocable, sublicensable right and license to reproduce, modify, distribute, publicly perform, publicly display, and otherwise commercially exploit Public Content in association with developing, improving, training, providing, promoting, marketing, and distributing the Services. By designating any of Your Content as Public Content, you represent and warrant that you have all rights necessary to grant the foregoing license to Yopki in such Public Content and that your provision of such Public Content does not violate the restrictions of Section 6 (“Prohibited Practices”) of these Terms of Use, and you agree to defend and indemnify Yopki from all reasonable costs, damages, and fees incurred, including attorneys’ fees, judgments, and settlement costs, in the event of third-party claims and allegations that if true represent a breach of your representations and warranties in this regard.
  3. Third-Party Authentication and Account Linking. You may be permitted to create or access a Yopki account by linking your account from a third-party service such as Google or Facebook. By linking such accounts, you authorize Yopki to access limited information made available by that provider (e.g., name, email address, calendar entries, and other information identified at the time of linking) in accordance with that provider’s privacy policy and your settings.
  4. Data Access and Use of Integrated Services. If you choose to connect your Yopki account with a third-party email, calendar, or social media service, you grant Yopki permission to access and use data from those services solely to provide features of the Yopki Services (such as identifying travel plans, calendar syncing, or collaborative sharing). You may revoke access at any time through your account settings.
  5. We Are Not Responsible for Third-Party Providers. As noted above, you may be able to receive services made available by third parties on our Site, such as authentication services for login purposes, and integration with your online calendars, email, and social media accounts. We may also link to or make available information and content from third parties such as air and travel services, accommodation providers, restaurants and entertainment providers, and other sources of reviews and information. Collectively these services and information providers are referred to in these Terms of Use as “Third-Party Providers.” We do not control and are not responsible for Third-Party Providers and your use of their information and services is at your own risk. Please be sure to review their terms of service and privacy policies as well as other information relating to their information and services since we cannot be responsible for the accuracy, availability, reliability, and compliance practices of services and information from Third-Party Providers
  6. Prohibited Practices. Your use of the Services is subject to the following additional restrictions, and you represent, warrant, and you agree that you will not use the Services, post content, or interact with other users in a manner that:
    1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Yopki).
    2. Violates any law or regulation, including but not limited to prohibitions on false advertising and unfair competition.
    3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable in our judgment.
    4. Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you or use your credentials or proxy email).
    5. Attempts, in any manner, to obtain the password, account, or other security information from any other user.
    6. Collects personally identifiable information or content from our Site without authorization.
    7. Violates the security of any computer network or seeks to defeat any security measures.
    8. Runs any form of autoresponder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services.
    9. Posts, replies, copies, or collects listings or other content from the Site via robots, spiders, scripts, scrapers, crawlers, or any other automated means.
    10. Copies or stores any significant portion of the content from the Site.
    11. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
    12. Use the Site for benchmarking or for competitive purposes.
    13. To impersonate another person or business.
    14. Copies, adapts, creates derivative works of, decompiles, reverse engineers, translates, localizes, ports or modifies the Yopki content, Services, any Site code, or any software used to provide the Services; or
    15. In any manner it threatens injury or harm to the safety, security, integrity, reputation, property, or operation of the Services or any user or third party.

    A violation of any of the foregoing is grounds for termination of your right to use or access the Services without notice.

  7. How We May Change These Terms of Use. We may modify the terms and conditions of this Agreement on a go-forward basis at any time by posting new Terms of Use with a new effective date on our Site. We may also notify you by email or in-App notifications if available. Changes to these Terms of Use will become effective on the stated Effective Date. Your use of any Services after the Effective Date constitutes your acceptance of the new Terms of Use so please be sure to check for changes.
  8. Our Right to Use Feedback. We encourage you to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to the Services and related resources (“Feedback”). To the extent you provide Feedback, you grant us a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import and otherwise exploit Feedback (including by incorporation of such Feedback into the Services without restriction), provided that such Feedback does not identify You in any manner.
  9. Mobile App Platform Terms. If you download or access the Services through a mobile application from the Apple App Store or Google Play Store, you acknowledge that these Terms are between you and Yopki, and not with Apple Inc. or Google LLC. Apple and Google are not responsible for the Services or their content, nor are they responsible for any warranties or maintenance and support obligations related to the Services. Apple and Google also are not responsible for any claims related to the Services or your possession or use of the Apps, including product liability, legal compliance, and consumer protection claims. Apple and Google are third-party beneficiaries of these Terms of Use and have the right to enforce applicable provisions against you. Your use of the Apps must comply with the App Store and Google Play Terms of Service, as well as all applicable laws.
  10. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED BY YOPKI ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE, APPS, OTHER SERVICES, AND THIRD-PARTY SERVICES ARE ALL AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOPKI IS AN INFORMATION PLATFORM ONLY AND IS NOT A TRAVEL AGENT OR BOOKING SERVICE AND YOPKI IS NOT PARTY TO ANY ARRANGEMENTS OR AGREEMENTS YOU MAKE WITH THIRD PARTIES FOR THEIR SERVICES OR OFFERINGS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOPKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOPKI MAKES NO REPRESENTATIONS OR WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES YOPKI MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
  11. Limitations of Liability
    1. Exclusion of Consequential Damages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING PURSUANT TO A BREACH OF SECTION 1 (USE OF SERVICES), 2 (RESPONSIBILITY FOR CONTENT) AND 3 (PROHIBITED PRACTICES), OR THE INFRINGEMENT OR MISUSE OF YOPKI’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, EVEN IF A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Limitation of Damages. EXCEPT FOR DAMAGES ARISING PURSUANT TO A BREACH OF SECTION 1 (USE OF SERVICES), 2 (RESPONSIBILITY FOR CONTENT) AND 3 (PROHIBITED PRACTICES), OR THE INFRINGEMENT OR MISUSE OF YOPKI’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, OR ANY OTHER THEORY OF LIABILITY, WILL EXCEED USD 500, OR, IF GREATER, A SUM EQUAL TO THE AMOUNT OF FEES YOU MAY HAVE PAID TO YOPKI UNDER THE TERMS OF THIS AGREEMENT DURING THE TWELVE MONTHS PRECEEDING THE EVENTS GIVING RISE TO THE CLAIM. IN NO EVENT IS YOPKI LIABLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS OR ANY THIRD PARTIES YOU INTERACT WITH OR PATRONIZE AS A RESULT OF USING THE SERVICES OR INFORMATION OBTAINED USING THE SERVICES.
    3. Allocation of Risk and Material Term. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  12. Termination. These Terms of Use are effective when accepted by you (including by your use of Services or visiting the Site) and may be terminated by either party at any time without notice. You may terminate these Terms of Use by discontinuing all use of the Site and Services; we may terminate these Terms of Use with you by blocking your access or by notice to you. All provisions of these Terms of Use which by their nature should survive termination shall survive any termination of these Terms of Use.
  13. Independent Contractors. The parties to these Terms of Use are independent contractors and no agency, partnership, joint venture, employment or similar relationship exists between them. Neither party has the authority to bind the other or incur any obligation on its behalf.
  14. Force Majeure. Except for payment obligations, if either party is prevented from performing or is unable to perform any of its obligations under these Terms of Use due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes, pandemics, or external infrastructure outages, such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance.
  15. Mandatory Dispute Resolution. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES, WAIVE JURY TRIAL, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. These Terms of Use, and the performance and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the state of New York without regard to its conflict of laws provisions as if fully performed within the borders of New York. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute with you after sixty (60) days, any controversy or claim arising out of or relating to these Terms of Use on an individual basis only and not on behalf of a class, or the breach hereof, shall be settled by arbitration, by binding arbitration by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules posted at www.adr.org. Arbitration will be in the English language before one (1) arbitrator. Any award shall be final, binding and conclusive. A judgment upon the award rendered may be entered in any court having jurisdiction thereof. Nothing in this Section shall be deemed as preventing either party from seeking a preliminary injunction or other equitable relief in aid of arbitration from courts of competent jurisdiction in appropriate cases or prevent you from pursuing a claim in a “small claims” court with jurisdiction in the county where you reside.