TERMS OF SERVICE

Yap, Inc. ("Yap") and its affiliates provide voice-enabled text messaging services and technology (collectively, the "Yap Service"). In order to download the Yap software and activate the Yap Service, you must first review, and if you agree, accept these Terms of Service ("Terms"). Your use of the Yap Service is subject to these Terms and those other policies and guidelines, including Yap's Privacy Policy and Code of Conduct, which may be found at our website www.yapme.com (the "Policies").

BY CLICKING THE "ACCEPT" BUTTON BELOW OR DOWNLOADING ANY SOFTWARE FROM YAP OR USING IN ANY MANNER THE YAP SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms, do not download the Yap software or use any Yap Service.

1. USERS

You must be at least thirteen (13) years of age and a U.S. resident to subscribe to and use any Yap Service. If you are not at least 13 years old, do not press the ACCEPT button and you are not permitted to download any software from Yap or use the Yap Service. Yap does not knowingly collect personally identifiable information from any users under the age of 13 and such users are expressly prohibited from submitting any personally identifiable information and from using the Yap Services.

2. NETWORK CHARGES

Although Yap does not charge a fee for use of the Yap Service, you will be charged per message or download as well as data bandwidth charges by your carrier or service provider in accordance with your plan with such carrier. You are responsible for all charges related to your use of the Yap Service.

3. USE OF THE YAP SERVICE

**YOU SHOULD NOT USE OR RELY ON THE YAP SERVICE FOR EMERGENCY OR 911 CALLS. Use of Your mobile device while driving may be distracting and dangerous and Yap should not be used while operating a vehicle. You should be aware of and comply with all laws regarding use of mobile devices while driving and "Yap" safely.

You agree that:

You will use the Yap Service only in compliance with all applicable laws, including laws governing hate speech, privacy, unsolicited bulk messages and consumer protection laws;
All information supplied by You to Yap for use of the Yap Service, including but not limited to all information submitted as part of the registration process is true and accurate and up-to-date;
You will use the Yap Services only for personal, noncommercial purposes; and
You will comply with Yap's Code of Conduct and other Policies as such may be amended by Yap from time to time.

You are solely responsible for text messages and other content delivered by You via any Yap Service ("Customer Content") and all use of the Yap Service from Your mobile device. Yap reserves the right, but is not obligated, to monitor or to review Customer Content and to monitor your compliance with these Terms. Yap reserves the right in its sole discretion to: (a) refuse to provide Yap Services if You violate these Terms, and/or (b) edit, refuse to relay, or remove any Customer Content that violates the Terms, without notice at any time.

4. PROTECTION OF THE YAP SERVICE

You Agree That You shall not use the Yap Service:

in any manner that could damage, disable, overburden or impair the Yap Service or in any manner that could interfere with any other party's use of the Yap Service;
in any manner intended to probe the Software, including to discover information on the technical capabilities or restrictions of the Software; or
to send automated queries of any sort to the Yap Service, including using any software which sends queries to Yap to determine how the Yap Service responds to various queries.

You understand and agree that even though Yap does not currently limit the number or size of transmissions You may send or receive through the Yap Service, Yap may at any time with or without prior notice to You fix any such limits in its sole discretion.

5. PRIVACY; USE OF CUSTOMER DATA

As part of the registration process for the Yap Service, You will be asked provide certain customer data, including your name, cell phone number and email address. Yap will also receive, store and have access to Your audio recordings, text messages and cell phone numbers to which You send or receive messages through the Yap Service. All such registration and other information is collectively the "Customer Data". You understand that Yap will use commercially reasonable efforts to maintain and safeguard the Yap Service and the Customer Data; provided, however, that You acknowledge and agree that unintended parties may receive your messages sent through the Yap Service or unauthorized persons may access the Yap Service or Customer Data. Yap is not responsible for any lost or misdirected messages. Yap is not responsible for any information sent using the Yap Service or any misdirection of such information.

You agree that Yap may use (including copying, distributing, editing, sublicensing or reformatting) Customer Content in connection with the operation, development and maintenance of the Yap Service. You also agree that Yap may use, distribute, license and reproduce any Customer Content, including audio content and messages, to its partners, affiliates and other third parties; provided however, that Yap shall not distribute or disclose Your personally identifiable information to any third parties for marketing purposes. You agree that no compensation will be paid or due You with respect to Yap's or its sublicensee's use of Customer Content. You acknowledge and agree that Yap may store the audio recordings and text messages sent to and from You using the Yap Service for an indefinite period; provided, however, that Yap has the right to delete such recordings or messages in its sole discretion without notice to You.

Yap considers Your use of the Yap Service, Customer Content and Customer Data to be private. However, You agree that Yap may access and disclose information about You, Your account and/or use of the Yap Service, including to: (1) comply with the law or respond to legal process or requests made by law enforcement or other government agencies, (2) enforce and investigate Your compliance with these Terms or the Policies, (3) investigate any suspected, threatened or actual fraudulent or illegal activities on the Yap Service, or (4) protect the rights, property or safety of Yap, its customers or the public. You hereby consent to all such access and disclosures. Please review our Privacy Policy for more information.

6. BRANDING; MESSAGES FROM YAP

You agree that Yap may include the Yap logo, trademarks in text messages or other marketing communications sent to or from You through the Yap Service.

From time to time, Yap may send You certain communications relating to the Yap Service or matters of general interest, including surveys or polls, directly or through third party partners. Such communications may be used by Yap to improve the Yap Service or provide a more customized experience for You, including the provision of targeted advertisements. Such communications are part of the Yap Service and you will not be able to opt out. However, You will have no obligation to participate in or respond to any surveys or polls sent through the Yap Service.

7. ADVERTISEMENTS/LINKS TO THIRD PARTY SITES

You acknowledge that the Yap Services are supported by advertising revenue, and messages sent through the Yap Service may display advertisements and promotions. These advertisements may be targeted based on Your use of the Yap Service, including content of information sent or stored on the Yap Service. You agree that the manner, mode and extent of advertising on the Yap Service is subject to change without notice. The Yap Service may also include links to third party sites. Advertisements or links within the Yap Service are not under the control of Yap and Yap is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or any form of transmission received from any linked site. Yap is providing these advertisements and links to You only as a convenience, and the inclusion of any advertisement or link does not imply endorsement by Yap of the linked site or any association with their operators.

8. CANCELLATION AND CHANGES TO SERVICE

You may cancel the Yap Service and terminate this agreement at any time by notice to Yap. Upon any violation of this Agreement, these Terms and the licenses granted herein shall immediately and automatically terminate. Yap reserves the right to terminate or suspend the Yap Service at any time, with or without notice to You. Upon any cancellation of the Yap Service or termination of this Agreement, you will cease using the Software and delete the Software from your device. Yap may change any of the Yap Services at any time and from time to time without notice, including terminating the offering of any Yap Service altogether.

9. DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY

THE SOFTWARE AND SERVICE IS PROVIDED “AS IS” AND YAP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING AS A RESULT OF CLIENT USAGE IN THE TRADE OR BY COURSE OF DEALING. IF THE SERVICE IS A BETA TEST, YOU ACKNOWLEDGE THAT THE SOFTWARE CONTAINS PRE-RELEASE SOFTWARE THAT MAY NEVER BE COMMERCIALLY RELEASED OR THAT MAY CHANGE SUBSTANTIALLY BEFORE COMMERCIAL RELEASE. Furthermore, Yap does not warrant that the Software will operate without interruption or error-free, or that that Software is in any way fault tolerant. Yap expressly disclaims any representation or warranty that the voice-to-text translation of messages is accurate You acknowledge and agree that voice-to-text translation is inherently imperfect and as a result, your messages may not be translated correctly and may contain content that You find offensive or obscene or which is incorrect or confusing. You shall be solely responsible for reviewing any such messages and for all messages sent by You through the Yap Service. THE ENTIRE RISK AS TO THE QUALITY OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE OR YAP SERVICE REMAINS WITH YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF YAP SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE YAP SERVICES.

10. LICENSE

The Yap software made available to download for use of the Yap Service (the "Software"), including all intellectual property rights in the Software, is the sole property of Yap and/or its suppliers. You may use the Software only in accordance with these Terms. Upon acceptance of these Terms, Yap hereby grants You a limited, non-exclusive, non-transferable license to use the Software (without the right to sublicense) on a single mobile device, in object code form only in accordance with these Terms. All updates, customizations, enhancements, modifications and new code, including new versions of the Software, made available to You shall be deemed "Software" for all purposes of these Terms. Except as expressly authorized in these Terms, You will not copy, modify, display, rent or unbundle the Software. In addition, You will not reverse engineer, decompile or disassemble the Software, and will not otherwise attempt to reconstruct or discover the source code for the Software. Yap reserves all rights in and to the Software not expressly granted herein. You agree that the Software is the confidential information of Yap and You shall not disclose the Software to any third party without the prior written consent of Yap.

11. CHANGES TO TERMS AND POLICIES.

Yap reserves the right to change the Terms and Policies at anytime. Yap will notify You of changes to the Terms and/or Policies by sending a email/text message to Your mobile phone number provided to Yap. If You continue to use Yap Services after any such changes, Your continued use will constitute Your consent to such changes. Yap agrees to identify the date of last revisions of its Terms and Policies as posted on its website.
If You do not have print capability and desire to obtain a hard copy of these Terms, please send Yap an email/text message requesting a hard copy. You may also click on the link to "Terms of Service" at the Yap websites for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

If you have questions about these Terms of Service, please contact Yap at 704-372-1470 or feedback@yapinc.com.

Yap and the Yap logo are service marks of Yap, Inc.

Legal