User Terms and Conditions

USER TERMS AND CONDITIONS

Last updated December 3, 2024

AGREEMENT TO OUR LEGAL TERMS

We are YacDaddy Inc ("Company," "we," "us," "our"), a company registered in North Carolina, United States at 6104 Gwynedd Rd, Summerfield, NC 27358.

We operate the website https://www.yacdaddy.com (the "Site"), the mobile application YacDaddy App (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at +1 (743) 233-9922, email at james@yacdaddy.com, or by mail to 6104 Gwynedd Rd, Summerfield, NC 27358, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and YacDaddy Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PURCHASES, PAYMENTS, AND SUBSCRIPTIONS
SOFTWARE
TRACKING PHONE NUMBER AND DATA USAGE
CRM INTEGRATION AND SENSITIVE INFORMATION
PHOTO PUBLISHING AND LIABILITY
DIGITAL ASSET PROTECTION
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
MOBILE APPLICATION LICENSE
SOCIAL MEDIA
SERVICES MANAGEMENT
NON-DISCLOSURE AND NON-COMPETE AGREEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
MARKETPLACE TERMS
RESELLER PROGRAM TERMS
AFFILIATE PROGRAM TERMS
THIRD-PARTY PRODUCTS AND SERVICES
GOVERNING LAW
DISPUTE RESOLUTION
LIABILITY FOR ACCOUNT SECURITY
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The YacDaddy platform and mobile application ("Services") are designed to assist businesses with managing projects, organizing jobsite photos, and automating content publication to websites, social media profiles, and public directories. The Services also provide tools to track leads and revenue sources, manage customer interactions, and generate automated marketing materials based on project data.

Our Services include, but are not limited to:

Uploading and organizing project photos and notes.
Automated generation of project articles and social media posts and publishing to your website, Google Business Profile, Facebook, and our YouTube channel.
Tracking phone numbers for lead attribution and customer reviews, with call forwarding to your primary business line.
Integration with your CRM to prepopulate project details and track revenue attributed to specific marketing channels.
Providing reports that showcase performance metrics across platforms, including leads, revenue, and customer interactions.
Listing project photos and descriptions in a network of public directories to connect homeowners with businesses, helping generate additional leads.

The information collected or generated using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, users accessing the Services from outside permitted locations are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

We disclaim liability for photos or other content that users publish using the Services. Users are solely responsible for ensuring that they have the right to share, publish, or distribute any content uploaded to the platform. YacDaddy assumes no responsibility for any legal claims arising from the publication of such content.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable legal or regulatory requirements.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

The YacDaddy Services, in their entirety, belong to us. This includes all software, source code, databases, functionality, website designs, text, photographs, graphics, and other elements of the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos ("Marks"). We grant you only the limited license described herein to access and use the Services for your internal business purposes.

The YacDaddy name and logo are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Additionally, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of YacDaddy, and may not be copied, imitated, or used, in whole or in part, without prior written permission from us.

All Content and Marks are protected by copyright, trademark, and other applicable laws in the United States and internationally. No ownership rights in the Services, Content, or Marks are transferred to you by your use of the Services. All rights not expressly granted to you remain with YacDaddy.

Your Content and Ownership

Any content you upload, post, or otherwise contribute to the Services ("User Content"), including project photos, notes, and other materials, belongs to you, and we take no ownership interest in it. However, by using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, publicly display, and create derivative works of your User Content for the purposes of providing and enhancing the Services, generating marketing materials, publishing in directories, or as otherwise permitted under these Terms.

It is your responsibility to ensure that your User Content does not infringe on the intellectual property, privacy, or other rights of third parties. You agree that we may remove or modify your User Content at our sole discretion if it violates these Terms or any applicable laws.

License Restrictions

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: james@yacdaddy.com. If we grant permission for such use, you must properly attribute YacDaddy as the owner or licensor and ensure that any copyright or proprietary notice remains visible on reproductions or postings.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

You have the legal capacity and authority to agree to and comply with these Legal Terms.
You are not a minor in the jurisdiction in which you reside.
You will not access the Services through automated or non-human means, such as bots, scripts, or other automated methods, unless expressly authorized by us in writing.
You will not use the Services for any illegal or unauthorized purpose, including but not limited to activities that infringe on the intellectual property, privacy, or other rights of any individual or entity.
Your use of the Services will comply with all applicable laws, regulations, and industry standards.
You will provide true, accurate, current, and complete information when required by the Services and promptly update such information as necessary to maintain its accuracy.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if you otherwise violate these representations and warranties, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

By using the Services, you further acknowledge and agree that YacDaddy may rely on the accuracy and truthfulness of the information you provide to deliver its features, such as project management, marketing, and lead generation, and is not responsible for any consequences arising from your failure to meet these representations.

4. PURCHASES, PAYMENT, AND SUBSCRIPTIONS

Accepted Payment Methods

We accept the following forms of payment:

Stripe

Billing and Payment Terms

You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Services. This includes maintaining up-to-date details such as your email address, payment method, and payment card expiration date to ensure we can process your transactions and contact you if necessary. All payments must be made in U.S. dollars, and sales tax will be applied where required by law.

By completing a purchase, you authorize us to charge your selected payment method for the agreed-upon amount, including applicable taxes and fees. If we identify errors or discrepancies in pricing, we reserve the right to correct them, even after payment has been processed. Adjustments may be reflected in your account or future invoices as necessary.

Subscriptions and Recurring Charges

If you purchase a subscription-based Service, you acknowledge and agree to the following terms:

Subscriptions will automatically renew at the end of each billing cycle (e.g., monthly), unless canceled prior to the renewal date.
You authorize us to charge your payment method on a recurring basis without requiring further approval for each renewal.
You may cancel your subscription at any time by contacting us through the channels provided in the Contact Us section. Cancellations will take effect at the end of the current billing cycle, and no refunds will be issued for partial use of the subscription period.
We reserve the right to modify subscription fees at our discretion. Any fee changes will be communicated in advance, as required by applicable law. Continued use of the Services after the effective date of the fee change constitutes your acceptance of the new price.

Marketplace Purchases

Additional products and services, such as website hosting, web design, and digital advertising, may be available for purchase through the marketplace. These purchases are subject to the following terms:

Marketplace offerings may include products or services provided by third-party vendors. These are governed by the vendor's terms and conditions, which you must review and accept separately.
We are not liable for the performance or outcomes of third-party products or services purchased through the marketplace.
Prices for marketplace items are subject to change, and we reserve the right to modify or discontinue offerings at any time without notice.

Refund Policy

Refunds are not guaranteed and will be issued solely at our discretion under the following conditions:

If you are charged in error due to a system malfunction or billing issue.
If a refund request is submitted within 14 days of the disputed charge and includes a clear explanation of the issue and supporting documentation.

Refunds will not be issued for dissatisfaction with Services delivered as described, changes of mind, or unused portions of a subscription or product term. All refund decisions are final and non-negotiable.

Restrictions and Unauthorized Use

We reserve the right to refuse or cancel any order or subscription at our discretion. This includes limiting quantities purchased by a single user, household, or order. Unauthorized or fraudulent use of payment methods may result in account suspension or termination and may be subject to legal action.

Taxes and Fees

All prices displayed on the Services or marketplace exclude applicable taxes, which will be calculated and added at checkout. You are responsible for any taxes, duties, or fees associated with your purchases.

5. SOFTWARE

We may provide software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. By using the software, you agree to comply with the terms outlined in the applicable EULA.

If the software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our Services and in accordance with these Legal Terms. This license does not transfer ownership of the software to you and is subject to the following restrictions:

You may not modify, reverse engineer, decompile, or disassemble the software, except as permitted by applicable law.
You may not reproduce, redistribute, or sublicense the software, except in strict accordance with these Legal Terms or the EULA, if applicable.
The software may only be used for lawful purposes in connection with our Services.

The software and any related documentation are provided "AS IS," without warranty of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk arising from the use or performance of the software.

We reserve the right to modify, suspend, or discontinue any software provided as part of our Services at any time, with or without notice. Your continued use of the software after any such changes constitutes your acceptance of the modifications.

6. TRACKING NUMBER AND DATA USAGE

Tracking Numbers

As part of our Services, we may provide you with a tracking phone number to help attribute leads and calls generated through various marketing channels, including but not limited to your website, Google Business Profile, and social media platforms. This tracking number will forward all calls to your primary business phone number. By using the tracking number, you agree to the following:

You authorize us to replace or display the tracking number in designated locations to monitor and track leads.
You acknowledge that calls to the tracking number may be recorded or logged for the purpose of generating performance reports and improving customer service.
You understand that the tracking number is provided as part of the Services and remains the property of YacDaddy. Upon termination of the Services, the tracking number may be reassigned or deactivated without further notice.

Data Collection and Usage

We collect and process data associated with the tracking number, including but not limited to call logs, call durations, and caller phone numbers, to provide analytics, lead attribution, and performance insights. This data will be accessible to you through our dashboard and reporting tools. By using the tracking number, you agree to the following:

You grant us permission to collect, store, and process call data solely for the purposes of delivering and improving the Services.
You are responsible for ensuring that your use of the tracking number complies with all applicable laws, including any notification requirements related to call recording or monitoring in your jurisdiction.
You agree that YacDaddy is not liable for any misuse of the tracking number or data by you or any third party with access to your account.

Confidentiality and Privacy

We take reasonable measures to protect the confidentiality and security of the data collected through the tracking number. However, you are responsible for maintaining the security of your account and access credentials. Unauthorized access to or disclosure of tracking data due to your actions or negligence is your sole responsibility.

Termination and Data Retention

Upon termination of the Services, the tracking number will be deactivated or reassigned, and we may retain call data for a limited period as required by law or our internal data retention policies. You may request a copy of your data before termination, subject to applicable fees or restrictions.

7. CRM INTEGRATION AND SENSITIVE INFORMATION

CRM Integration

As part of our Services, we may integrate with your Customer Relationship Management (CRM) system to streamline project management, prepopulate project details, and provide enhanced functionality. By enabling CRM integration, you grant us permission to access, retrieve, and process data from your CRM as necessary to deliver the Services. This may include, but is not limited to:

Customer names, phone numbers, and addresses.
Invoices, project details, and associated records.
Scheduling information for automated project creation and updates.

You are solely responsible for ensuring that your CRM integration complies with all applicable laws and regulations, including but not limited to data privacy and protection laws in your jurisdiction.

Data Usage and Security

We take the security and confidentiality of your CRM-specific customer data seriously. All data retrieved from your CRM will be stored and processed securely using administrative, technical, and physical safeguards to protect against unauthorized access, disclosure, or misuse. CRM-specific customer data, such as individual customer names, contact details, or invoices, will never be shared or disclosed publicly or to third parties, except as required to deliver the Services or comply with applicable laws.

In contrast, we may use general revenue marks and aggregated metrics, such as total revenue generated or overall performance trends, for internal purposes and public marketing efforts. Such data will be anonymized and will not include any identifiable customer information or sensitive details. By using the Services, you consent to our use of these general metrics for promotional and reporting purposes.

Compliance with Privacy Laws

By using our Services, you confirm that you have obtained any necessary consents from your customers to share their information through the integration with our Services. This includes, but is not limited to, compliance with applicable data protection regulations such as GDPR, CCPA, or similar laws.

Data Retention and Deletion

Upon termination or cancellation of the Services, we will delete or anonymize CRM-specific customer data within a reasonable timeframe, except where retention is required by law or for legitimate business purposes. Aggregated and anonymized metrics, including revenue marks, may be retained and used for marketing and performance reporting purposes.

8. PHOTO PUBLISHING AND LIABILITY

Photo Publishing

Our Services allow you to upload, organize, and publish photos associated with your projects to websites, social media platforms, and public directories. By using these features, you acknowledge and agree to the following:

You are solely responsible for ensuring that all photos uploaded and published comply with applicable laws and do not infringe on the intellectual property, privacy, or other rights of third parties.
Photos published to public directories as part of the Services may be publicly viewable and used to promote your business, generate leads, and improve searchability for potential customers.
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the photos you upload solely for the purposes of delivering and enhancing the Services, including marketing and lead generation.

Liability Disclaimer

By uploading photos to the Services, you agree that YacDaddy is not liable for any claims, disputes, or legal actions arising from the content you upload or publish, including but not limited to:

Infringement of copyrights, trademarks, or other intellectual property rights.
Violations of privacy rights or other personal rights of individuals depicted in the photos.
Legal disputes or damages resulting from unauthorized use or publication of the photos.

We reserve the right to review and remove any photos or content that violate these Legal Terms, at our sole discretion, but we are under no obligation to do so.

User Responsibility

You are responsible for obtaining all necessary permissions and releases from individuals, property owners, or other third parties depicted in your photos before uploading or publishing them. This includes ensuring compliance with applicable laws regarding photo use and publication.

Service Limitations

While we strive to provide accurate and effective publishing tools, you acknowledge that:

We are not responsible for errors, omissions, or delays in publishing photos to third-party platforms.
We do not guarantee that published photos will achieve specific marketing results or lead generation outcomes.

Termination and Data Removal

Upon termination of the Services, we may retain copies of your photos for backup, legal, or legitimate business purposes in accordance with our data retention policies. Photos published to public directories or external platforms are subject to the terms and policies of those platforms and may remain publicly accessible even after termination.

9. DIGITAL ASSET PROTECTION

Ownership and Use of Digital Assets

As part of our Services, we may create, edit, or publish digital assets on your behalf, including but not limited to project descriptions, website posts, social media updates, and other marketing materials. These digital assets are created using the information and content you provide. By using the Services, you acknowledge and agree to the following:

You retain ownership of any photos, project details, or other content you upload to the Services.
YacDaddy retains ownership of any proprietary tools, templates, or processes used to create, edit, or publish digital assets.
You grant us a non-exclusive, worldwide, royalty-free license to use your content to create and publish digital assets as part of the Services.

Accuracy and Representation

We strive to ensure that all digital assets created and published on your behalf accurately represent your business, brand, and services. However, you acknowledge that:

It is your responsibility to review and confirm the accuracy of the content before it is published.
YacDaddy is not liable for errors, omissions, or inaccuracies in published digital assets that are based on the information you provide.

Access and Security

We may require administrative access to your website, social media accounts, or other platforms to create and publish digital assets. By granting us access, you agree to the following:

You are responsible for providing accurate and secure access credentials.
We will use your access credentials solely for the purposes of delivering the Services.
You are advised to review and revoke access after termination of the Services to maintain account security.

Tracking and Reporting

We may modify or replace digital assets, such as your business phone number, with tracking numbers to generate performance reports and lead attribution metrics. These tracking numbers will be used solely for the purposes of the Services and will forward calls to your primary phone line.

Termination and Asset Removal

Upon termination of the Services:

We will remove or disable access to any digital assets created by us on platforms we manage.
Digital assets published on third-party platforms may remain accessible in accordance with those platforms’ terms and policies.
It is your responsibility to review, update, or remove any digital assets on platforms where you retain administrative control.

Disclaimer of Liability

YacDaddy is not liable for any damages, claims, or disputes arising from the publication or use of digital assets, including but not limited to errors, inaccuracies, or unauthorized use of content uploaded to the Services.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to engage in any of the following prohibited activities:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us.
Trick, defraud, or mislead us or other users, including attempting to obtain sensitive account information such as passwords or personal details.
Circumvent, disable, or interfere with security-related features of the Services, including those designed to prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained within.
Disparage, tarnish, or otherwise harm, in our opinion, YacDaddy, the Services, or our reputation.
Use any information obtained from the Services to harass, abuse, or harm another person.
Submit false reports of abuse, misconduct, or engage in improper use of our support services.
Use the Services in violation of any applicable laws, regulations, or these Legal Terms.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malicious material that interferes with any user’s uninterrupted use and enjoyment of the Services, or that modifies, disrupts, or impairs the features or functionality of the Services.
Engage in automated use of the Services, including but not limited to scripts, bots, or data mining tools.
Remove, delete, or alter any copyright or proprietary rights notice from any Content on the Services.
Attempt to impersonate another user or use someone else’s username without proper authorization.
Upload or transmit (or attempt to upload or transmit) any material that collects or transmits information without consent, such as spyware or tracking mechanisms.
Interfere with or disrupt the Services or any networks or servers connected to the Services.
Harass, intimidate, or threaten any of our employees, agents, or other users.
Attempt to bypass or exploit measures designed to restrict access to parts of the Services or the Services as a whole.
Copy, adapt, or modify the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any software or code within the Services, except as permitted by law.
Use unauthorized scripts, software, or tools, such as scrapers, spiders, or bots, to access the Services.
Use a buying or purchasing agent to make transactions through the Services without prior approval.
Collect or attempt to collect usernames, email addresses, or other information from users for unsolicited communication or fraudulent purposes.
Use the Services in any way that directly competes with us, or use the Services and/or Content for unauthorized revenue-generating activities or commercial enterprises.
Sell, lease, or transfer your user account, profile, or access to the Services without our express written consent.

Violating any of these restrictions may result in the immediate suspension or termination of your access to the Services, at our sole discretion, and may subject you to legal action.

11. USER GENERATED CONTRIBUTIONS

The Services may allow you to contribute or participate in various forms of content sharing, such as blogs, message boards, forums, or other features. These features provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, "Contributions"). Contributions may include, but are not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information.

Contributions may be viewable by other users of the Services and through third-party websites or platforms. As such, any Contributions you submit may be treated as non-confidential and non-proprietary. By creating or submitting Contributions, you represent and warrant that:

The creation, distribution, transmission, public display, performance, or use of your Contributions does not and will not infringe upon the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets, or moral rights.
You are the creator and owner of, or have the necessary rights, licenses, consents, releases, and permissions to use, and to authorize us and other users to use, your Contributions in accordance with these Legal Terms.
You have obtained written consent or release from any identifiable individual featured in your Contributions, authorizing the use of their name, likeness, or identity for the purposes of these Services.
Your Contributions are accurate and not misleading.
Your Contributions do not constitute unauthorized or unsolicited advertising, promotional materials, spam, pyramid schemes, chain letters, or other forms of solicitation.
Your Contributions are not obscene, lewd, offensive, violent, harassing, defamatory, slanderous, or otherwise objectionable, as determined by us.
Your Contributions do not promote hate speech, harassment, or violence against any individual or group.
Your Contributions comply with all applicable laws, regulations, and rules.
Your Contributions do not infringe on the privacy or publicity rights of any third party.
Your Contributions do not include content that violates laws related to child pornography or otherwise harm or exploit minors.
Your Contributions do not include offensive comments regarding race, ethnicity, gender, sexual orientation, disability, or other protected classes.
Your Contributions do not contain links to any material that violates these Legal Terms or applicable laws and regulations.

You agree that any use of the Services that violates these representations may result in the suspension or termination of your access to the Services, and we reserve the right to remove or delete any Contributions at our discretion.

By submitting Contributions, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and create derivative works from your Contributions as necessary to provide the Services or for our legitimate business purposes. This license extends to our affiliates and third-party service providers assisting in the operation of the Services.

12. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions, including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

13. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (a) 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 (b) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

14. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including but not limited to any friend lists, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will not delete any information stored on our servers that was obtained through such Third-Party Accounts, except the username and profile picture that became associated with your account.

15. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. NON-DISCLOSURE AND NON-COMPETE

Non-Disclosure Agreement

By using the Services, you acknowledge and agree that you may have access to certain confidential or proprietary information related to our business, operations, or technology ("Confidential Information"). Confidential Information includes, but is not limited to, trade secrets, business processes, software, customer data, marketing strategies, and other non-public information disclosed to you during your use of the Services. You agree to the following:

You will not disclose, share, or make available any Confidential Information to any third party without our prior written consent, except as required by law.
You will use Confidential Information solely for the purpose of accessing and using the Services as intended under these Legal Terms.
You will take reasonable measures to protect the confidentiality and security of Confidential Information, including preventing unauthorized access or misuse.
You will notify us promptly if you become aware of any unauthorized disclosure or use of Confidential Information.

This obligation of confidentiality will remain in effect during your use of the Services and for a period of two (2) years after termination of your access to the Services, unless otherwise required by applicable law.

Non-Compete Agreement

As a condition of using the Services, you agree not to engage in any activities that compete with our business during the term of your use of the Services and for a period of one (1) year following termination of your access to the Services. Specifically, you agree that you will not:

Develop, market, or sell any product, service, or software that is directly competitive with the Services provided by us.
Solicit or attempt to solicit our clients, customers, or employees for any purpose that could reasonably be seen as competitive with our business.
Use any Confidential Information obtained through the Services to create or enhance a competing product, service, or software.
Partner with or assist any third party in engaging in activities that directly compete with our business or Services.

Exceptions

The obligations under the Non-Disclosure and Non-Compete Agreements do not apply to information that:

Is or becomes publicly available without breach of these Legal Terms by you.
Was already in your possession before accessing the Services, as evidenced by written records.
Is independently developed by you without reliance on Confidential Information.
Is disclosed in compliance with a legal obligation, provided that you notify us promptly and cooperate with us to seek a protective order or other remedy to limit the disclosure.

Enforcement and Remedies

You acknowledge that a breach of the Non-Disclosure or Non-Compete Agreements may result in irreparable harm to us. In the event of such a breach, we reserve the right to seek injunctive relief and other equitable remedies in addition to any legal remedies available under applicable law.

Termination of Obligations

Upon termination of your access to the Services, you agree to return or destroy all copies of Confidential Information in your possession, as directed by us, and to certify in writing that you have done so. Your obligations under this section will survive the termination of your use of the Services as specified above.

17. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

18. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below ("a Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

19. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

21. MARKETPLACE TERMS

The Services include access to a marketplace offering additional products and services, such as website hosting, web design, Google Ads, Facebook Ads, and other offerings that may be added in the future (the "Marketplace"). By using the Marketplace, you agree to the following terms:

Marketplace Purchases

Products and services available in the Marketplace are offered either directly by us or through third-party vendors or affiliates.
All purchases made in the Marketplace are subject to these Legal Terms as well as any specific terms provided at the time of purchase.
You are responsible for reviewing and understanding any additional terms and conditions, including those from third-party vendors, that may apply to Marketplace products or services.
Prices displayed in the Marketplace are subject to change at any time without prior notice. We reserve the right to modify, add, or remove offerings in the Marketplace at our sole discretion.

Third-Party Vendors

Some Marketplace products and services are provided by third-party vendors. By purchasing these offerings, you acknowledge that:

We are not responsible for the performance, quality, or outcomes of services provided by third-party vendors.
Your relationship with third-party vendors is governed by their respective terms and policies, which you agree to review and accept before completing your purchase.
Any disputes related to third-party products or services must be resolved directly with the vendor.

Payment and Refunds

Payments for Marketplace items must be completed at the time of purchase through the designated payment method.
Refunds for Marketplace purchases will only be issued in accordance with our Billing Terms and Additional Services or the refund policies of the applicable vendor.
We are not liable for refunds or disputes related to third-party services purchased through the Marketplace.

Reseller-Specific Marketplace Items

Some Marketplace items may be offered by resellers through their dedicated links. These reseller-specific offerings are not affiliated with us, and we do not make any representations or warranties about their quality or suitability.
Purchases of reseller-specific products or services are processed through the reseller’s system, and all disputes regarding such purchases must be resolved directly with the reseller.

Disclaimers

We make no guarantees regarding the availability, reliability, or performance of Marketplace products or services.
We disclaim all liability for any loss or damage arising from the use of products or services purchased through the Marketplace, including third-party and reseller-specific offerings.
All products and services in the Marketplace are provided "as-is" and without warranties of any kind, except as explicitly provided by the vendor.

Changes to the Marketplace

We reserve the right to modify the structure, offerings, or terms of the Marketplace at any time without prior notice. Continued use of the Marketplace after changes are made constitutes acceptance of those changes.

22. RESELLER PROGRAM TERMS

By participating in the YacDaddy Reseller Program ("Program"), you agree to comply with these Reseller Program Terms, which govern your rights, responsibilities, and privileges as a Reseller.

Authorization and Participation

YacDaddy grants you a limited, non-exclusive, revocable right to refer clients to YacDaddy’s services through a dedicated reseller link provided to you.
Participation in the Program does not establish an employee, agency, or partnership relationship between you and YacDaddy. You act as an independent contractor.
Your participation in the Program is contingent upon compliance with all applicable laws, these Terms, and YacDaddy’s branding and promotional guidelines.

Pricing and Promotions

You may promote YacDaddy’s services and plans to prospective clients using accurate and approved pricing information provided by YacDaddy.
Unauthorized Discounting: If you publicly promote or advertise offers where the price of a YacDaddy plan is lower than the pricing listed on the official YacDaddy website, including but not limited to social media ads, websites, emails, or third-party promotions, YacDaddy reserves the right to take the following actions at its sole discretion:
- Revoke your reseller discounts, licenses, and privileges.
- Suspend or permanently terminate your participation in the Reseller Program.
- Withhold any unpaid commissions earned through non-compliant promotions.
Resellers are strictly prohibited from engaging in "bait-and-switch" tactics or deceptive pricing strategies that mislead prospective clients.

Promotional Guidelines

All promotions must reflect YacDaddy’s branding guidelines and avoid any misleading statements regarding pricing, services, or results.
Resellers must not misrepresent their relationship with YacDaddy. You must clearly communicate that you are an independent reseller, not an employee or representative of YacDaddy.

Account and Program Privileges

YacDaddy reserves the right to monitor your promotional activities to ensure compliance with these Terms.
If YacDaddy determines that your activities are damaging to its reputation, brand, or business, we reserve the right to:
- Revoke your access to reseller tools, links, or any associated discounts.
- Terminate your participation in the Program without prior notice.

Termination and Consequences

YacDaddy may terminate your participation in the Program immediately if you violate these Terms or engage in activities that harm YacDaddy’s business interests.
Upon termination:
- Your reseller discounts, licenses, and privileges will be revoked.
- Pending or unpaid commissions may be forfeited, subject to YacDaddy’s final review.

Modification of Terms

YacDaddy reserves the right to modify these Reseller Program Terms at any time. Continued participation in the Program after changes are posted constitutes your acceptance of the revised terms.

23. AFFILIATE PROGRAM TERMS

By participating in the YacDaddy Affiliate Program ("Affiliate Program"), you agree to comply with the following terms, which govern your rights, responsibilities, and privileges as an affiliate.

Authorization and Participation

YacDaddy grants you a limited, non-exclusive, revocable right to promote YacDaddy’s products and services through unique affiliate links provided to you.
Participation in the Affiliate Program does not create an employee, agent, or partnership relationship between you and YacDaddy. You act as an independent contractor.
Your participation in the Affiliate Program is contingent upon compliance with all applicable laws, these Terms, and YacDaddy’s promotional guidelines.

Commissions and Payouts

Affiliates will earn commissions on qualifying purchases made by clients who sign up using your unique affiliate link.
Payouts will be made via Stripe or another approved payment method.
Payout Delay: Commission payments will be processed and disbursed no later than fourteen (14) days after a qualifying payment is received by YacDaddy.
Commissions will not be paid on refunded, disputed, or fraudulent transactions.

Revocation of Affiliate Privileges

YacDaddy reserves the right to revoke your affiliate links, commissions, and privileges at any time and for any reason, including but not limited to:
- Violation of these Terms or applicable laws.
- Engaging in unethical or deceptive promotional practices.
- Misrepresenting YacDaddy’s services, pricing, or affiliate relationship.
- Publicly advertising pricing lower than YacDaddy’s official pricing without prior written approval.
If your affiliate privileges are revoked, pending commissions may be forfeited at YacDaddy’s sole discretion.

Marketing Guidelines

All marketing and promotions must be professional, truthful, and align with YacDaddy’s brand standards.
You are prohibited from using misleading claims, spam, or unauthorized ads to promote YacDaddy services.
Affiliate links may not be used in a way that tarnishes YacDaddy’s reputation or brand.

Termination

YacDaddy reserves the right to terminate your participation in the Affiliate Program immediately, with or without notice, for any reason.
Upon termination:
- All affiliate links will be deactivated.
- You will forfeit any unpaid commissions, subject to YacDaddy’s final review.

Modification of Terms

YacDaddy reserves the right to modify these Affiliate Program Terms at any time. Continued participation after modifications are posted constitutes acceptance of the revised terms.

24. THIRD-PARTY PRODUCTS AND SERVICES

The Services may include access to third-party products, services, or content, either through integrations, the Marketplace, or reseller-specific offerings. By engaging with third-party products or services through the Services, you agree to the following:

Third-Party Terms

Third-party products and services are subject to their own terms, conditions, and privacy policies. You are responsible for reviewing and agreeing to those terms before engaging with third-party offerings.
We are not responsible for the accuracy, availability, performance, or legality of any third-party products or services accessed through the Services.
Any disputes or issues related to third-party products or services must be resolved directly with the respective third-party provider.

Marketplace and Reseller Products

Some third-party products or services may be featured in the Marketplace or offered through a reseller’s dedicated link. These offerings are not affiliated with or endorsed by us unless explicitly stated.
We make no representations or warranties regarding the quality, suitability, or results of third-party or reseller-specific products and services.

Payment and Refunds

Payments for third-party products or services facilitated through the Services are processed by us or the respective third-party provider. Refunds and disputes are subject to the third-party provider’s terms.
We disclaim responsibility for refunds or chargebacks related to third-party products or services, including those offered by resellers.

Data Sharing with Third Parties

To facilitate certain third-party services, we may share limited data about you or your account with the third-party provider, such as project details, usage metrics, or contact information.
We are not responsible for how third-party providers handle or use your data. You must review the third-party’s privacy policy and terms to understand how your data will be managed.

Liability Disclaimer

We disclaim all liability for any loss, damage, or harm arising from the use of third-party products or services accessed through the Services.
Any reliance on third-party content, products, or services is solely at your own risk.

Modifications and Removal

We reserve the right to modify, restrict, or remove access to any third-party products, services, or integrations provided through the Services at any time without prior notice. Continued use of the Services after such changes constitutes your acceptance of the modifications.

25. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.

26. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") website, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where applicable, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Guilford County, North Carolina. Each cost at otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Guilford County, North Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

27. LIABILITY FOR ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other access information related to the Services. By using the Services, you agree to the following:

User Responsibilities

You will not share your account credentials with any unauthorized person or entity.
You will notify us immediately if you suspect unauthorized access to or use of your account.
You are solely responsible for all activities conducted under your account, including any unauthorized actions resulting from your failure to maintain the confidentiality of your credentials.

YacDaddy’s Responsibilities

We implement reasonable administrative, technical, and physical safeguards to protect your account and the Services from unauthorized access or breaches.
We are not responsible for unauthorized access to your account resulting from your failure to secure your credentials or devices, including but not limited to instances of phishing, hacking, or malware affecting your devices.

Account Security Measures

We reserve the right to suspend or terminate your account if we detect suspicious activity or believe your account security has been compromised.
We may require additional verification or authentication steps to secure your account, such as two-factor authentication (2FA), when necessary.

Data Loss or Unauthorized Actions

We are not liable for any loss, damage, or harm resulting from unauthorized access to your account or the misuse of your credentials.
You are responsible for any costs or damages incurred due to unauthorized actions performed under your account, except in cases where such actions result directly from our gross negligence or willful misconduct.

Termination of Obligations

Upon termination of your account, you remain responsible for securing access to any data or credentials associated with your account. YacDaddy is not liable for any post-termination access issues resulting from your failure to update or secure your information.

28. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to update the information on the Services at any time, without prior notice.

We also reserve the right to modify or cancel orders or transactions if any information on the Services is found to be inaccurate or incomplete, including after you have submitted your order or received a confirmation. In such cases, we may provide a refund or credit at our discretion in accordance with our Billing Terms and Additional Services.

We are not responsible for typographical, pricing, or other errors in the content provided by third parties, including resellers or third-party vendors, that are featured on the Services. Any disputes regarding such errors must be resolved directly with the respective third party.

If you believe that any information on the Services is incorrect or needs to be updated, please contact us using the information provided in the Contact Us section. We appreciate your assistance in maintaining the accuracy of the Services.

29. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

30. LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable law, YacDaddy and its affiliates, officers, directors, employees, agents, licensors, and resellers will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, the Marketplace, or reseller-specific products, even if we have been advised of the possibility of such damages.

Marketplace and Reseller Products

We make no representations or warranties about the quality, reliability, or suitability of any products or services offered through the Marketplace or by resellers.
Any disputes, damages, or issues arising from third-party products or services, including reseller-specific offerings, must be resolved directly with the respective third party or reseller.
We disclaim all liability for any actions or omissions by resellers, including the handling or misuse of your data shared with them under the Reseller Program.

Data Sharing with Resellers

While we implement safeguards to protect your data, you acknowledge and agree that any data shared with resellers is done for the purpose of facilitating their support and service offerings. YacDaddy is not responsible for any misuse of your data by a reseller or any third-party services facilitated by the reseller.
We disclaim liability for any damages resulting from a reseller’s failure to comply with applicable data protection laws or their own terms and conditions.

General Limitations

Our total liability to you for any claims arising out of or related to the Services, regardless of the form of the action, is limited to the amount you have paid, if any, to YacDaddy in the 12 months preceding the event giving rise to the claim.
We are not responsible for any delays, interruptions, or failures in the performance of the Services caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, internet outages, or other force majeure events.

Reseller Commission Payments

We are not liable for any delays, errors, or omissions in the calculation or payment of reseller commissions. Resellers are responsible for maintaining accurate payment information to receive commissions or discounts in a timely manner.
Any disputes regarding commission payments must be resolved directly with us in accordance with the terms set forth in the reseller agreement.

No Warranties

The Services, including Marketplace and reseller-specific products, are provided "as-is" and "as-available" without warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the Services will meet your requirements or that they will be uninterrupted, error-free, or secure.

Indemnification

You agree to indemnify and hold harmless YacDaddy and its affiliates, officers, directors, employees, agents, and resellers from any claims, damages, or liabilities arising out of your use of the Services, your relationship with a reseller, or your violation of these Legal Terms.

31. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

32. USER DATA

We may collect, store, and maintain certain data that you transmit to the Services for the purpose of delivering and improving the Services. This includes data related to your use of the Services, such as project information, customer details, performance analytics, and any data necessary to facilitate interactions with Marketplace products or reseller-specific services. By using the Services, you acknowledge and agree to the following:

Although we perform routine backups of data, you are solely responsible for maintaining copies of any data you transmit or upload to the Services, including data related to Marketplace or reseller-specific products and services.
We are not liable for any loss, corruption, or unauthorized access to your data resulting from your use of the Services, except where such loss or corruption is directly caused by our gross negligence or willful misconduct.
You waive any right to bring claims against us for loss or corruption of data, except where prohibited by applicable law.

Data Sharing with Resellers

By signing up through a reseller, you acknowledge and agree that we may share certain account-related data with the reseller, including but not limited to:

Project details and performance analytics to support your use of the Services.
Revenue metrics and usage statistics to facilitate reseller-specific services and support.
Other necessary information related to your account or interaction with reseller offerings.

While we implement safeguards to protect your data, we are not responsible for how a reseller handles or uses the shared data. Any disputes or issues related to the misuse of your data by a reseller must be resolved directly with the reseller.

Data Retention

We retain your data for as long as necessary to fulfill the purposes of the Services, support reseller interactions, or as required by applicable law. Upon termination of your account or Services, we may delete or anonymize your data, unless otherwise required by law or for legitimate business purposes. It is your responsibility to retrieve any necessary data before termination of the Services.

User Responsibilities

You are responsible for ensuring the accuracy, legality, and compliance of the data you provide or upload to the Services. If you provide data belonging to third parties, including data shared through reseller-specific interactions, you represent and warrant that:

You have obtained all necessary consents or permissions to share and process such data in connection with the Services and any reseller-specific offerings.
Such data complies with all applicable laws and regulations, including those related to data privacy and protection.

32. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

34. SMS TEXT MESSAGING

Opting Out

If at any time you would like to stop receiving SMS from us, please text STOP to +1 (743) 233-9923 or call us at +1 (743) 233-9923.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at james@yacdaddy.com or call at +1 (743) 233-9922.

35. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

36. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible, and the unenforceable portion shall be deemed severed from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

37. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

YacDaddy Inc
6104 Gwynedd Rd
Summerfield, NC 27358
United States
Phone: +1 (743) 233-9922
james@yacdaddy.com

USER TERMS AND CONDITIONS

AGREEMENT TO OUR LEGAL TERMS

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PURCHASES, PAYMENT, AND SUBSCRIPTIONS

5. SOFTWARE

6. TRACKING NUMBER AND DATA USAGE

7. CRM INTEGRATION AND SENSITIVE INFORMATION

8. PHOTO PUBLISHING AND LIABILITY

9. DIGITAL ASSET PROTECTION

10. PROHIBITED ACTIVITIES

11. USER GENERATED CONTRIBUTIONS

12. CONTRIBUTION LICENSE

13. MOBILE APPLICATION LICENSE

14. SOCIAL MEDIA

15. SERVICES MANAGEMENT

16. NON-DISCLOSURE AND NON-COMPETE

17. PRIVACY POLICY

18. COPYRIGHT INFRINGEMENTS

19. TERM AND TERMINATION

20. MODIFICATIONS AND INTERRUPTIONS

21. MARKETPLACE TERMS

22. RESELLER PROGRAM TERMS

23. AFFILIATE PROGRAM TERMS

24. THIRD-PARTY PRODUCTS AND SERVICES

25. GOVERNING LAW

26. DISPUTE RESOLUTION

Restrictions

Exceptions to Informal Negotiations and Arbitration

27. LIABILITY FOR ACCOUNT SECURITY

28. CORRECTIONS

29. DISCLAIMER

30. LIMITATIONS OF LIABILITY

31. INDEMNIFICATION

32. USER DATA

32. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

34. SMS TEXT MESSAGING

35. CALIFORNIA USERS AND RESIDENTS

36. MISCELLANEOUS

37. CONTACT US