Welcome to Yap. These Terms of Service ("Terms") govern your use of the Yap mobile application and related services (the "Service"). By creating an account or using Yap, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to use Yap. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms. If you are between 13 and the age of majority in your jurisdiction, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and is responsible for your use of the Service.
2. Your Account
You must provide accurate information when creating your account, including a phone number that you own or are authorized to use. You are responsible for all activity under your account and for keeping access to your device and verification codes secure. Notify us immediately at support@yapmeback.com if you suspect unauthorized access to your account.
3. Your Content
You retain ownership of all videos, captions, notes, and other content you create or send through Yap ("Your Content"). By submitting Your Content to Yap, you grant Yap a limited, worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, deliver, and display Your Content solely for the purpose of operating, providing, and improving the Service. This license terminates when you delete the relevant content or your account, except to the extent the content has already been shared with other users or is required to be retained for legal purposes.
4. Acceptable Use
You agree not to use Yap to:
- Share, send, or solicit child sexual abuse material (CSAM) or any content that sexually exploits minors. We have zero tolerance for this content and report it to the National Center for Missing & Exploited Children (NCMEC) as required by U.S. law.
- Share illegal, harmful, threatening, abusive, harassing, defamatory, or hateful content.
- Bully, intimidate, or stalk other users.
- Impersonate any person or misrepresent your affiliation with any person or entity.
- Send spam, chain messages, or unsolicited commercial communications.
- Distribute malware, viruses, or any code intended to disrupt or compromise the Service.
- Reverse engineer, decompile, scrape, or use automated means to access or collect data from the Service.
- Attempt to gain unauthorized access to any account, system, or data.
- Violate any third-party rights, including privacy, publicity, intellectual property, or contractual rights.
- Use the Service for commercial purposes; the Service is intended for personal communication.
- Violate any applicable law or regulation.
5. Content Moderation, Reporting, and Enforcement
You can report content or users that violate these Terms through the in-app report flow. Yap may, at its sole discretion and without prior notice, review reported content, remove content, and suspend or terminate accounts that violate these Terms. We have zero tolerance for objectionable content and abusive users.
If you believe content on Yap infringes your copyright, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA) to support@yapmeback.com. Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and information sufficient to locate it; (c) your contact information (name, address, phone, email); (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
When we become aware of CSAM on the Service, we report it to NCMEC's CyberTipline as required by 18 U.S.C. § 2258A.
6. Account Suspension and Termination
We may suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any conduct that we reasonably believe creates risk or legal exposure for Yap or its users. You may delete your account at any time through Settings → Delete Account, or by emailing support@yapmeback.com. Upon termination, your license to use the Service ends immediately, and we have no obligation to retain or return Your Content.
7. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YAP AND ITS OPERATORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) US$50, OR (b) THE AMOUNTS YOU HAVE PAID TO YAP IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
9. Indemnification
You agree to indemnify, defend, and hold harmless Yap and its operators from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, or your violation of these Terms or any law or third-party right.
10. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in San Francisco County, California, or remotely if available. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
You and Yap each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or other representative proceeding. Either party may bring qualifying claims in small claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement of intellectual property or unauthorized access to the Service.
You may opt out of this arbitration agreement by emailing support@yapmeback.com with the subject "Arbitration Opt-Out" within 30 days of first creating your Yap account. Include your phone number and name. Opting out will not affect any other portion of these Terms.
11. SMS Communications Consent
By providing your phone number, you consent to receive SMS messages from Yap (delivered via Twilio) for account verification and security purposes. Standard message and data rates may apply. Message frequency depends on your account activity. Yap does not send marketing SMS. To stop receiving messages, you must delete your account; for help, email support@yapmeback.com.
12. Apple-Specific Terms
The following terms apply to your use of Yap when downloaded from the Apple App Store. You acknowledge that these Terms are between you and Yap, not Apple, and that Apple has no responsibility for the Service or its content. Apple has no obligation to provide any maintenance or support services for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Yap, not Apple, is responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Yap, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the Service. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you. Your use of the Service must also comply with the Apple Media Services Terms and Conditions and the App Store Terms of Service.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you in-app or by other reasonable means. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.
14. Severability, Entire Agreement, Assignment, Waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Yap regarding the Service. You may not assign these Terms without our prior written consent; we may assign these Terms freely. Our failure to enforce any provision is not a waiver of our right to do so later.
15. Contact
If you have questions about these Terms, contact us at support@yapmeback.com.