At Yohana (“Yohana”), our mission is to find new ways for technology and design to lighten your load, reclaim your time, and improve your well-being. These Terms of Service (“Terms”) cover your use and access to our website, software, mobile app, communications, products, and services (collectively, the “Yohana Services” or “Services”).
If you reside in the U.S., your agreement is with Yohana LLC. If you reside in Japan, your agreement is with Yohana Japan Corporation, and the Addendum for Japan Residents to these Terms also applies to you.
Important Notice Regarding Arbitration for U.S. residents: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH YOHANA THROUGH SMALL CLAIMS COURTS OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 16 “DISPUTES” FOR DETAILS REGARDING ARBITRATION.
1. Your Use of the Services
- Eligibility. In order to use the Services, you need to (1) be 18 years or older, and (2) have the power to enter into legally binding contracts under applicable law. You will not allow any person or entity to access or use the Services using your account other than individuals who have been designated and authorized by you (each an “Authorized User”). You may permit Authorized Users to use the Services, provided that you ensure that each Authorized User complies with all applicable terms and conditions of the Terms, and you are responsible for acts or omissions by Authorized Users in connection with their use of the Services.
- Using our Services. The Services are the property of Yohana. So long as you comply with these Terms, we grant you a limited, nonexclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use. To the extent any component of the Services may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms.
- Our intellectual property rights. Our Services are protected by copyright, trademark and other applicable laws, including U.S. and Japanese laws. Yohana and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. These Terms don’t grant you any right, title, or interest in the Services, Yohana’s trademarks, logos and other brand features.
- Your responsibilities. Your use of our Services must comply with our “User Rules and Prohibitions” outlined in Section 10 below. Content in the Services may be protected by others’ intellectual property rights. You may not copy, upload, download, or share content unless you have the right to do so. Yohana may review your conduct for compliance with these Terms, but we are not obligated to do so. You may use our Services only as permitted by applicable law, including export control laws and regulations.
- Service modifications. We’re constantly modifying and improving our Services. Yohana reserves the right to modify, suspend, or discontinue functions and features of the Services, at any time, without notice or liability to you.
- Account password and security. You are responsible for safeguarding your password to the Services and keeping your account information current and accurate. Don’t share your account credentials or give others access to your account, except to Authorized Users. You understand that you are responsible for all use of your username and password on the Services, and if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password.
2. Telephone, Text, and Video Communications
- Consent to telephone and text communications. By creating an account, you agree to receive communications from Yohana, including text message and telephone calls to the telephone number you provided, and push notifications. These communications may be live or pre-recorded messages sent by or on behalf of Yohana, its representatives or contractors, or third party service providers. Message and data rates may apply. You may also opt out of receiving SMS messages from us by replying “STOP” from the mobile device receiving the messages.
- Calls and texts to third parties at your direction: If you direct Yohana, your Yohana Specialist, or any Yohana representative or third party Yohana Partner (as defined below) to reach out to a third party on your behalf or at your direction, you represent and warrant that:
(i) you have the legal right to provide that third party’s personal information to Yohana for the purposes contemplated under these Terms, including receiving text messages and calls;
(ii) if you provide a third party’s phone number for the purpose of receiving calls or SMS messages from Yohana, your Yohana Specialist, or any Yohana representative or third party Yohana Partner, you have obtained the consent of that third party to receive such calls or text messages;
(iii) such information is accurate, true, and up-to-date; and
(iv) you authorize Yohana, your Yohana Specialist, or any Yohana representative or third party Yohana Partner to act as your agent in conducting the outreach you requested.
- Consent to monitoring and recording. You acknowledge and agree that telephone calls, text messages, video communications, in-app messages, and other communications between you and Yohana, including its agents and affiliates, may be monitored and recorded for purposes of quality control and training, as well as providing and improving our Services.
3. E-Sign Disclosure for U.S. residents
By creating an account, you consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at firstname.lastname@example.org with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure, you will need (i) a device with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at email@example.com with contact information and your mailing address.
We welcome any feedback you have about our Services, but please note that we may use any comments, information, ideas, concepts, or suggestions in any communication you send us without any obligation to you.
5. Payment Information
We may ask you to supply certain information to engage in transactions as part of your use of the Services, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
6. The Yohana Services
Yohana requires payment of a fee for use of certain portions of the Services and you agree to pay such fees.
- Subscription. If you purchase a subscription to the Services, you will be charged the subscription fee, plus any applicable taxes, at the beginning of your subscription and automatically on each periodic renewal date until you cancel. By purchasing a subscription, you authorize Yohana to initiate recurring non-refundable payments until you cancel. You must cancel your subscription before it renews in order to avoid being charged the subscription fees for the next billing cycle. All payments will be processed using the Payment Information designated in your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details to help prevent any interruption to your use of the Services. If you would like to use a different payment method or if there is a change in payment method, please update your billing information. All fees and applicable taxes, if any, are payable in United States dollars for U.S. residents, and Japanese yen for residents in Japan.
- Trials. From time to time, we may offer promotions or free trials of the Services (“Trials”). Yohana may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability to you. For some Trials, we’ll require you to provide your Payment Information prior to starting a Trial. By providing your Payment Information, you agree that we may automatically charge you for the Services at the end of the Trial and on each periodic renewal date until you cancel. If you do not want to be automatically charged, you must cancel your subscription prior to the end of the Trial.
- No refunds. You may cancel your subscription at any time. You will be responsible for all subscription fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your right to use the Services will continue until the end of your then-current subscription period. Refunds are only issued if required by law.
- Non-payment. Your Services subscription will remain in effect until it’s canceled or terminated under these Terms. If you don’t pay for your subscription on time, we reserve the right to suspend or cancel your subscription.
- Changes to fees. We reserve the right to change the fees associated with your Services subscription but will send you advanced notice of these changes to the email address associated with your account.
- General. By purchasing a subscription or signing up for a Trial, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you.
7. Third Party Merchants
- To-do’s involving third party merchants. If you ask your Yohana Specialist to help you with a to-do that involves purchasing goods and/or services from a third party merchant, your Specialist will, with your permission, purchase these goods and/or services on your behalf using the payment method designated in your account. You will be required to enter into an agreement with the third party merchant for the goods and/or services you have requested. In such cases, you appoint Yohana and your Yohana Specialist as your agents for the limited purpose of entering into an agreement with the third party merchant on your behalf for the goods and/or services you have requested. You are responsible for the cost of the goods and services, including any taxes and fees. You acknowledge and agree that, except as otherwise set forth herein, the terms and conditions of the third party merchant agreement govern your relationship with such third party merchants, not these Terms and that Yohana, your Yohana Specialist, or any Yohana representative are not a party to any agreement between you and the third party merchants. You are solely responsible for complying with the third party merchant agreement.
- Payment authorization. Prior to purchasing goods or services from a third party merchant, you will have an opportunity to review proposals from your rep with an estimate of how much the goods and services will cost. You acknowledge that the actual price of the goods and services may change between the time you accept a proposal and when your Yohana Specialist completes the purchase on your behalf. To account for any price changes, you authorize Yohana to charge your payment method for up to 105% of the estimated cost when you accept a proposal involving a third party merchant. This is a pre-authorization and not a definite charge to your card. This will show as a pending authorization within your financial institution pending the transaction going through. If the total cost of the to-do ends up exceeding 105% of the estimated cost, you will be prompted to reauthorize payment for the new amount.
- No liability for third party goods and services. You agree that Yohana does not assume responsibility for any goods and/or services provided by third party merchants and made available through the Services. If you purchase, use, or access goods or services from third party merchants through the Services, you do so at your own risk.
8. Third Party Yohana Partners
- Yohana Partners are not employees of Yohana. You may request a to-do that requires enlisting the services of a third party service provider (“Yohana Partner”) – for example, if you need to repair a broken dishwasher, your Yohana Specialist may recommend the help of a handyman to get the job done. You acknowledge that Yohana Partners are independent business owners and are not employees, partners, representatives, agents, joint venturers, or franchisees of Yohana. You further acknowledge that Yohana does not supervise, direct, or control the Yohana Partners in any way, including in the performance of services provided by Yohana Partners to you or for your benefit. Inclusion of a Yohana Partner in your proposal is not an endorsement, certification, or guarantee by Yohana that the Yohana Partner is licensed, insured, trustworthy, safe, or suitable. Instead, the proposal is intended to help you evaluate your options when selecting a service provider to help you with your to-do. Yohana expressly disclaims any liability for any services rendered by a Yohana Partner that you choose to engage. Nonetheless, if you do have concerns or questions about tasks that our Yohana Partners do for you, we encourage you to raise that with your Yohana Specialist.
- Yohana Partners Relationship and Payment. When you select a Yohana Partner to use for a to-do, the legal relationship that governs the completion of, and payment for, that task or service is between you and the Yohana Partner. You will be required to enter into an agreement with the Yohana Partner for the services you have requested, and you will be responsible for all costs and fees associated with enlisting and using a Yohana Partner's services. You acknowledge and agree that, except as otherwise set forth herein, the terms and conditions of your agreement with the Yohana Partner govern the Yohana Partner's services, and that you are solely responsible for complying with the Yohana Partner's agreement or terms. In the event that you choose a Yohana Partner where Yohana is able to facilitate the payment process between you and the Yohana Partner as a convenience to you or the Yohana Partner – for example, making payment to the Yohana Partner on your behalf or collecting the Yohana Partner's service fees from you – you acknowledge and agree that the underlying legal and contractual relationship remains between you and the Yohana Partner you select. In such an event, the same payment authorization provisions discussed in Section 7(b) above shall apply here. You acknowledge and agree that in some cases Yohana Partners may make payments to Yohana in exchange for services from Yohana, including but not limited to customer acquisition, and Yohana may prioritize these Yohana Partners in our proposals to you based upon such arrangements and relationships between the Yohana Partners and Yohana.
9. User Content
Some parts of the Services may allow you to upload or submit content such as text, images, video, recipes, ratings, feedback, etc. (“User Content”). You retain all rights to any User Content that you upload or submit to the Services and are solely responsible for that content. You grant Yohana a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content for purposes of providing, protecting, improving, and promoting the Services. Subject to applicable laws, this license survives the termination of the Services or your Services account. You represent and warrant that you have all rights necessary to grant us the license to your User Content under these Terms, and that neither your User Content, nor your use and provision of your User Content through the Services, infringes, misappropriates, or violates a third party’s intellectual property rights, rights of publicity or privacy, or violates any applicable law or regulation. Yohana may, in its sole discretion, remove or take down any User Content you upload or submit to the Services for any reason, including violation of these Terms, without notice to you.
10. User Rules and Prohibitions
We’ve established a few ground rules for you to follow when using the Services to make sure the Services are enjoyable for everyone. You agree not to do - or assist anyone in doing - the following:
- Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror, or frame the Services or any individual element within the Services, Yohana’s name, any Yohana trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Yohana’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Yohana’s computer systems, or the technical delivery systems of Yohana’s providers;
- Attempt to probe, scan, or test the vulnerability of any Yohana system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yohana or Yohana’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, etc.) other than the software and/or search agents provided by Yohana or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation using the Services;
- Use any meta tags or other hidden text or metadata using Yohana’s trademark, logo URL, or product name without Yohana’s express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services or from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Yohana is not obligated to monitor access to or use of the Services or to review or edit any content, but we reserve the right to do so. We reserve the right to remove, suspend, delete, or disable access to any content or user account, at any time and without notice. We also reserve the right to refuse to support a requested to-do, at any time and without notice, if we, at our sole discretion, consider it offensive, abusive, illegal, in violation of these Terms or any posted policies, or if we believe at our sole discretion that a user is intentionally submitting an excessive and unreasonable number of to-dos. We have the right to investigate violations of these Terms and any conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Copyright Policy (for U.S. residents)
We respect the intellectual property rights of others and ask that you do too. In appropriate circumstances we will terminate the account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy for more information.
These Terms will continue to apply to you until terminated by either you or Yohana. You are free to stop using the Services at any time and may cancel and/or terminate your subscription and these Terms by visiting your Accounts page at www.yohana.com. Yohana may in its sole discretion delete your account, terminate these Terms, or suspend access to or terminate your account, at any time and without notice, including in the event of your actual or suspected unauthorized use of the Services, breach of these Terms, or if we withdraw or terminate the Services. If you or Yohana terminate these Terms, or if Yohana suspends or terminates your access to the Services, you agree that Yohana shall have no liability or responsibility to you, and Yohana will not refund any amounts that you have already paid to the fullest extent permitted by law. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4, 6, 7(a), 7(c), 8, 9, 10, 12, 13, 14, 15, 16, 18 and 19.
13. Disclaimer of Warranties
Yohana strives to provide great services, but there are certain things we can’t guarantee. You acknowledge and agree that to the fullest extent permitted by law, the SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, YOHANA AND ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR AFFILIATES MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services. Finally, you acknowledge and agree that Yohana has the right to unilaterally abandon development of the Services at any time without any obligation or liability to you or any third party.
To the fullest extent permitted by law, you agree to indemnify and hold Yohana and its affiliates, and their respective officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms or any applicable law or regulation; (c) your User Content; (d) your interaction with any user; (e) your request for products and/or services from a third-party merchant, including any injuries, losses, or damages of any kind arising in connection with such third-party merchant products and/or services; or (f) your request for Yohana Partner services, including any injuries, losses, or damages of any kind arising in connection with such Yohana Partner services. Yohana reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses.
15. Limitation of Liability
IN NO EVENT SHALL YOHANA OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (b) ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, OR PROFITS, (c) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR (d) THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER YOHANA OR ANY OF ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOHANA’S, ITS EMPLOYEES’, AGENTS’, CONSULTANTS’, CONTRACTORS’, OR AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND YOHANA.
16. Disputes (for U.S. residents)
- Mandatory arbitration of disputes. You and Yohana agree that any dispute, claim or controversy arising out of your use of the Services, or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including any dispute relating to these arbitration provisions themselves, will be resolved through final and binding individual arbitration by a single arbitrator and not in a class, representative, or consolidated action or proceeding, except as set forth under the “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or applicability of this “Mandatory arbitration of disputes” section, including its enforceability, revocability, or validity. This arbitration provision shall survive termination of these Terms.
- Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in the United States county where you live, unless we both agree to another location or to desk arbitration.
- Arbitration costs. The AAA rules will govern payment of all arbitration fees. Yohana will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you.
- Injunctive and Declaratory Relief. Except as provided in Section 16(f) below, the arbitrator shall determine all issues of liability on the merits of any claim and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that either party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Exceptions to agreement to arbitrate. Notwithstanding the mandatory arbitration agreement in Section 16(a), either you or Yohana may (1) assert claims, if they qualify, in a U.S. small claims court; or (2) bring an individual action seeking only injunctive or other equitable relief from a court to prevent or stop unauthorized use or abuse of the Services or infringement or misappropriation of intellectual property without first engaging in arbitration described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts of the Northern District of California to resolve your claim.
- NO CLASS ACTIONS OR CLASS ARBITRATIONS. You may only resolve disputes with Yohana on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific provision is found to be unenforceable, the entirety of this “Disputes” section will be deemed void.
17. Third party interactions
- Links to third party websites and services. Our Services may contain links to websites or services that are owned or operated by third parties. Yohana is not responsible for these third party websites or services, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such third party websites or services. You use all links to third party websites and services at your own risk.
- App stores. You acknowledge and agree that the availability of the Services is dependent on the third party from which you received the application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are an agreement between you and Yohana and not with the App Store. Yohana is solely responsible for its mobile app, including the content thereof and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Services, you agree to pay all fees (if any) charged by the App Store in connection with the Services. You acknowledge and agree that Apple has no obligation to furnish any maintenance and support services with respect to our mobile app. In the event of any failure of the mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the mobile app purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile app. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies). You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates/subsidiaries) is an intended third party beneficiary of the Terms and has the right to enforce the terms and conditions of the Terms against you.
18. Gifting Program
From time to time, Yohana may allow individuals to purchase the Yohana Services as a gift (“Gifts”). The price (including applicable taxes), terms, and duration of such Gifts may vary, but will be presented to the Gift purchaser at the time of purchase. Purchaser’s payment method will be charged immediately following the purchase. After the Gift purchase is complete, Yohana will notify the Gift recipient of the Gift (including the name of the Gift purchaser, relevant terms, conditions, and duration of the Gift). The purchaser of the Gift is solely responsible for providing accurate name and contact information of the Gift recipient, and Yohana takes no responsibility for mistaken name or contact information provided by the Gift purchaser. Yohana reserves the right to refuse to honor any Gift in the event of a disputed charge, other failure of consideration, or in the event that Yohana at its sole discretion believes the Gift was obtained fraudulently. Gifts may not be transferred, assigned, or resold without express written authorization from Yohana. Gifts are redeemable only toward Yohana Services and may not be redeemed for cash or any other form of currency or credit. Gifts are non-refundable and have no cash value except where required by applicable law. Gifts are not exchangeable for any other products or services except as described herein and in the Gift program terms. Unless otherwise indicated at the time of purchase, Gifts do not expire prior to their redemption, and no inactivity fees or service fees will apply. Yohana is not responsible for any loss or damage resulting from lost, stolen, or fraudulently obtained Gifts or their unauthorized use. Please contact us at firstname.lastname@example.org (for U.S. residents) or email@example.com (for Japan residents) if you have any questions.
- Governing law (for U.S. residents). These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California except for its conflicts of laws principles. Except as otherwise set forth in the “Disputes” section above, the exclusive jurisdiction for all disputes, claims, or controversies that you and Yohana are not required to arbitrate will be the state and federal courts located in the Northern District of California. You and Yohana each waive any objection to jurisdiction and venue in such courts.
- Compliance with laws. You acknowledge that the Services are subject to the export control laws and regulations of the United States and Japan. You warrant that you will comply in all respects with United States and Japanese export laws and regulations, as well as any applicable local, state, national, and foreign laws governing your use of the Services.
- Entire agreement. These Terms constitute the entire agreement between you and Yohana with respect to the subject matter of these Terms, and supersedes all prior oral and written understandings, communications, or agreements not specifically incorporated herein.
- Waiver, severability, and assignment. Yohana’s failure to enforce a provision in these Terms is not a waiver of its right to do so later. If a provision in these Terms is found void or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Yohana may assign its rights to any of affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- Modification. Yohana may modify these Terms from time to time. If a revision materially affects your legal rights, we will notify you in advance (e.g., via email). If you don’t agree to the updates, please cancel your account before the updates become effective. By continuing to use or access the Services after the updates go into effect, you agree to be bound by the revised Terms.
20. Contact Us
If you have any questions concerning the Services or these Terms, please contact us at firstname.lastname@example.org or by mail at Yohana, LLC, 3460 Hillview Ave, Palo Alto, CA 94304-1338 for U.S. residents. For Japan residents, please contact us at email@example.com or by mail at Yohana Japan Corporation, 3-6-1 Minatomirai, Nishi-ku, Yokohama-shi, Kanagawa, 2200-0012 Japan.