Hello :)
In case you’re not familiar, Yessly is an app that makes it fun and easy to know what your friends and family are up to and keep memories of your real-life interactions on your very own personal map. With Yessly, you can keep up with the people you care about the most, both near and far, create a personal diary of where you’ve been, or publicly showcase the places you’ve visited.
We’ve drafted these terms of service (which we aptly call the “terms”) so you’ll know the rules that apply when you use the Yessly app or any of our other products or services that link to these terms (we refer to these simply as the “services”). Although we’ve tried our best to strip the legalese from the terms, there are places where these terms may still read like a traditional contract. There’s a good reason for that: these terms do indeed form a legally binding contract between you and Yessly (“Yessly”). So please read them carefully.
In order to use the services, you must have accepted these terms, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the terms. Of course, if you don’t accept them, then don’t use the services.
1. Who can use the services.
2. Your account
In order to use the Services you are required to create an account. Creating an account is easy: just follow the steps in the app! Here is some important information about your account:
We ask you to pick a name when you create an account. This is the name that will displayed when you use the app. If you want your friends to easily recognize you we recommend that you use a nickname if that’s what your friends call you. You will also be able to pick a username, so you can show your creativity to your friends later on with aliases! Remember: most of the information in your profile is public and will be visible to the Yessly community. This means that friends of friends can find you via the public friend lists.
You will need an active phone number to create an account. To make sure other people don’t start creating accounts with your phone number, we ask you to verify your phone number when creating an account. We do this by sending a text message with a verification code to the phone number you specify when registering an account. To complete the registration you will need to enter the verification code in the Yessly app. We also ask for your phone number if you want to use our web app, and will send a notification to your device to confirm you’re the one requesting access. Please remember, your Yessly account is tied to your phone number, so make sure that your phone number remains valid in order to continue using the Services. If your phone number becomes invalid you will no longer be able to access the Services. If you want to keep your data when changing your phone number, please contact us at [email protected].
Yessly is a location based app. Therefore, we need to access and store your location data in order to provide the Services to you. You can turn your device’s location data on and off at any time through your device settings. Just remember that the Services only work perfectly when device location is turned on. We understand, of course, that there may be times that you don’t want to share your location data.
Yessly is the most fun when you’re interacting with your friends! Because of this, we ask for permission to access your address book. This will give you the ability to add friends that are already on Yessly as well as invite pals in your address book who have not yet joined Yessly. If you’re inviting friends to Yessly keep in mind that you’ll be inviting them via text message, so be aware that your carrier may charge you for sending those text messages depending on your phone plan. Also, when inviting friends, please be considerate and don’t spam your entire address book.
You can turn on notifications to get updates when friends accept your requests, when friends commented, when friends add you to a post, and interesting tidbits on your friends’ whereabouts. For example, when they’ve travelled to another country like Monaco or Fiji.
Once you have created your account, you remain responsible for any activity that takes place on your Yessly account. If you suspect fraudulent use or hijacking of your account please inform us immediately at [email protected]. We will do our best to help you out as soon as possible.
3. Location based service
You understand that Yessly is a location-based service. In order to provide the Services, Yessly requires access to the location data of your device and needs to keep a record of your location history. You will first have to grant permission to Yessly before we can access your location data. This is done via the Android and iOS permission screens and/or device settings.
If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing through your device settings you may be unable to use some of the Services.
You understand the Services work under normal conditions, but that the accuracy of location data depends on a number of factors such as sufficient network coverage, wifi connection, and so on. For example, if you’re in a building or area with low network coverage the map might not display correctly and your position in the app may not reflect your accurate location in real life.
Yessly is a social network, we believe that most features and products work best when they are on by default. For example, if you check-in at a place or tag a friend at a place, that information will be available the Yessly community. Don’t want that information available to the Yessly community, then you can always set your post to private, followers only or your customized circles. Because of these inherently social components of Yessly, you should only approve request friends to Yessly who you trust. Are friends spamming or stalking you? Then they probably aren’t good friends, and you should consider removing them immediately and report them from their profile.
The maps we use to show your location in the app are sourced from third parties. There may be geographical areas throughout the world that have not yet been processed and/or changes made in the world that the maps do not yet reflect such as new streets or changed street names, and so on. We love receiving feedback, so if you do spot any issues with the map please let us know: [email protected]. We will do our best to fix bugs and other issues you may flag.
4. Rights we grant you
Yessly grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. HOWEVER, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through [email protected]!
5. Privacy
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading the Privacy Policy. We encourage you to give the Privacy Policy a careful look.
6. Respecting other people’s rights
Yessly respects the rights of others, and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that:
You must also respect the rights of Yessly. These terms do not grant you any right to do any of the following (or enable anyone else do so):
7. Safety
We try hard to keep our services a safe place for all users, but we can’t guarantee it. that’s where you come in. By using the services, you agree that:
8. Third-party services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Yessly is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
9. Modifying the services and termination
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible.
Though we hope you remain a lifelong member of the Yessly community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting [email protected].
Yessly may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity (12 months).
10. Indemnity
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Yessly and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
11. Disclaimers
We try to keep the Services up and running and free of annoyances, but we cannot promise that we will always succeed.
The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. in addition, while Yessly attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free or timely; (b) the services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the services will be timely or accurate
If the law of the country where you live do not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.
Yessly and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Yessly, nor their affiliates will be responsible for.
Nothing in these terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
12. Limitation of liability
Yessly and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the services or inability to use the services; (b) your access to or inability to access the services; (c) the conduct or content of other users or third parties on or through the services; or (d) unauthorized access, use or alteration of your content. In no event will Yessly or their affiliates’ aggregate liability for all claims relating to the services exceed the greater of 100 SGD.
If the law of the country where you live do not allow any limitation of liability provided for in this clause, that limitation will not apply.
13. Dispute resolution
If you have a concern, let’s talk. We totally encourage you contact us first at [email protected] and we’ll do our best to resolve the issue.
14. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Yessly agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Malaysia, unless this is prohibited by the laws of the country where you reside. You and Yessly consent to the exclusive jurisdiction of those courts.
15. Choice of law
The laws of Malaysia govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of Malaysia to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
16. Content Moderation and Removal Policy
By utilizing our platform, you acknowledge and consent that we retain the authority to prohibit or delete any content that infringes upon our guidelines, contains prohibited material, encompasses offensive language, or is subjected to removal upon request from authorized parties.
Our commitment centers around cultivating a respectful and secure atmosphere for all users. Material deemed prohibited includes, but is not limited to: hate speech, explicit content, harassment, threats, misinformation, and any content that contradicts our community standards. Our objective is to foster an inclusive and diverse community that provides each individual with a sense of belonging.
In situations where content is identified as transgressing our guidelines, or is sought for removal by authorized parties including law enforcement or regulatory authorities, we retain the prerogative to act expeditiously. Such action may include the removal of content or suspension of users. Your cooperation in these instances is pivotal to preserving the credibility of our platform and adhering to legal obligations.
17. Severability
If any provision of these terms is found unenforceable, then that provision will be severed from these terms and not affect the validity and enforceability of any remaining provisions.
18. Final terms
Contact us
You can always contact us at [email protected] if you have questions or want to submit feedback about our Services. We always love to hear from our users. If you do happen to volunteer feedback or suggestions just know that we can use your ideas without compensating you.