By using YemData LLC Services, you agree to the following Terms of Service, Privacy Policy and Acceptable Use Policy.
YemData (YemData LLC) Terms of Service
These terms of service (“Terms”) cover your use and access to our services, client software,
apps and websites (“Services”). By using our Services, you’re agreeing to be bound by
these Terms, and to review our Privacy and Acceptable Use policies. If you’re
using our Services for a store or company, you are agreeing to these Terms on behalf of that store or
company.
Your Data
Your data belongs to you. YemData just has enough rights to your data to enable us to offer the
Services.
You give us permission to host and backup your data and store information on devices you use to access
the Services. Your permission extends to trusted third parties we may work with.
Your Responsibilities
You’re responsible for your conduct, You must comply with our Acceptable Use Policy. You must be a
United States resident to use the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and
keep your account information current. We aren’t responsible for the data placed into your account
or exported from your account with the Services.
You are responsible for all costs associated with accessing the Services including but not limited to; a
mobile device suitable to run client software and internet or mobile data access.
Software
You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing
so. Our Services allow you to download client software (“Software”) which may update
automatically. While you are in compliance with these Terms, we give you a limited, non-exclusive,
nontransferable, revocable license to use the Software, solely for the purpose to access the Services.
Beta Testing
In order to innovate, we may provide new features that are being tested and evaluated. These new
features will be identified as Beta features. Beta features may not be as reliable as normal services.
Our Property
The Services may be protected by copyright, trademark, and other US laws. You are not granted any right,
title or interest in the Services, logos and other brand features. Your comments and feedback are
welcome. We may use comments or suggestions without any obligation to you.
Accounts
We maintain the availability of your data to you during both Paid Subscriptions and Trial Subscriptions.
Access to your data via the Services may cease upon the end of the subscription or termination in
accordance with this agreement. You are responsible for exporting your data prior to termination, and
storing your data upon termination or the end, of the subscription.
Unpaid fees. Your Paid subscription will remain in effect until it’s cancelled or terminated under
these Terms. If you don’t pay for your Paid subscription on time, we reserve the right to suspend
Services to you.
Notice of change. Changes in fees will be sent via message to the email address associated with your
account.
Termination
Termination will occur upon the end of a subscription period if you have not made arrangements with Us
to make payment for another subscription. We also reserve the right to suspend or end the Services at
any time at our discretion and without notice. For example, we may suspend or terminate your use of the
Services if you’re not complying with these Terms, or use the Services in a manner that would
cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
Services “AS IS”
We strive to provide excellent Services, but there are certain things beyond our control that we
can’t guarantee. We are not responsible for your ability to connect to the services or for the
equipment, devices or network providers you use to access the Services. TO THE FULLEST EXTENT PERMITTED
BY LAW, YemData MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE
PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this
paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR YemData LLC‘s FRAUD,
FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL YemData LLC BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT YemData LLC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, YemData LLC, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE AMOUNTS PAID BY YOU TO YemData LLC
FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.
Dispute Resoultion
We want to address your concerns without needing a formal legal case. Before filing a claim against
YemData, you agree to try to resolve the dispute informally by contacting Us. We’ll try to resolve
the dispute informally by contacting you via the contact information you provided when you created your
account. If a dispute is not resolved within 14 days of submission, you or YemData may bring a formal
proceeding.
Judicial forum for disputes. You and YemData agree that any judicial proceeding to resolve claims
relating to these Terms or the Services will be brought in the federal or state courts of Columbia
County, Georgia, subject to the mandatory arbitration provisions below. Both you and YemData consent to
venue and personal jurisdiction in such courts.
Arbitration
Agreement To Arbitrate. You and YemData agree to resolve any claims relating to these Terms or the
Services through final and binding arbitration, except as set forth under Exceptions to Agreement to
Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under
its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The
arbitration will be held in Columbia County, Georgia, or any other location we agree to.
Arbitration Fees. The AAA rules will govern payment of all arbitration fees. YemData will not seek its
attorneys’ fees and costs in arbitration if the arbitrator determines that your claim is
frivolous.
Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to
stop unauthorized use or abuse of the Services, or intellectual property infringement (for example,
trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the
informal dispute-resolution process 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 in
Columbia County, Georgia to resolve your claim.
No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff
or a class member in a class, consolidated, or representative action. Class arbitrations, class actions,
private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Controlling Law
These Terms will be governed by Georgia law except for its conflicts of laws principles, unless
otherwise required by a mandatory law of any other jurisdiction.
Entire Agreement
These Terms constitute the entire agreement between you and YemData with respect to the subject matter
of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and
conditions applicable to the subject matter of these Terms. These Terms create no third party
beneficiary rights.
Waiver, Severability & Assignment
YemData’s failure to enforce a provision is not a waiver of its right to do so later. If a
provision is found 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. YemData may assign its rights
to any of its affiliates or subsidiaries, or to any successor in interest of any business associated
with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our
website (www.yemdata.com/tos). If a revision meaningfully reduces your rights, we will notify you (by,
for example, sending a message to the email address associated with your account, posting on our blog or
on this page). By continuing to use or access the Services after the revisions come into effect, you
agree to be bound by the revised Terms.
YemData (YemData LLC) Privacy Policy
When you use YemData apps, software or visit our website(the Services), this is how We use your
information.
What is collected
To improve and protect our Services, We collect and use the following information:
Your Account. We collect, and associate with your account, information like your name, store
information, email address, phone number, payment info, and physical address.
Our Services
When you use our Services, we store, process and transmit your data.
How the information is used. To provide our Services and to improve our Services, We collect information
from and about the devices you use to access the Services. Things like the type of device you use,
application crash and error information, and identifiers associated with your devices. Your devices
(depending on their settings) may also transmit location information to the Services.
Who has access
We won’t sell your information to advertisers or other third-parties, but may use it as
follows.
Others working for YemData. YemData from time to time may use trusted third parties to help us improve,
provide, protect, and promote our Services. These third parties will access your information only to
perform tasks on our behalf and in compliance with this Privacy Policy.
Compliance with law. We may disclose your information to third parties if we determine that such
disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or
serious bodily injury; (c) prevent fraud or abuse of YemData or our users; or (d) protect
YemData’s property rights.
Changes to privacy policy
We may change this Privacy Policy from time to time. We will post the most current version on our
website.
In the event that YemData is involved in a merger, sale or acquisition, you will be notified via the
contact information associated with your account for the Services regarding how your information and
this policy may be effected.
Questions
Contact us at web@yemdata.com if you have questions about the privacy policy.
YemData Acceptable Use Policy
YemData provides valuable services to our Users. In exchange, we trust you to use our services
responsibly.
You agree not to misuse the YemData services (“Services”) or help anyone else to do so. For
example, you must not even try to do any of the following in connection with the Services:
• probe, scan, or test the vulnerability of any system or network;
• breach or otherwise circumvent any security or authentication measures;
• access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services
you haven’t been invited to;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading,
flooding, spamming, or mail-bombing any part of the Services;
• access, search, or create accounts for the Services by any means other than our publicly supported
interfaces;
• send altered, deceptive or false source-identifying information, including “spoofing” or
“phishing”;
• abuse referrals or promotions to get more benefits than deserved;
• circumvent subscriptions ordering process;
• sell the Services unless specifically authorized to do so;
• violate the law in any way; or
• violate the privacy or infringe the rights of others.