These Terms of Service ("Terms") are an agreement between you ("you" or "your") and Yantagram ("Yantagram", "we", "us", or "our") that covers your use of the Yantagram mobile application, the optional internet relay and push notification services, this website, and any updates to them (together, the "Services"). By downloading, installing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not download, install, or use the Services.
IMPORTANT: SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 18.
You must be at least 13 years old, or the minimum age required in your country to consent to the use of online services, whichever is higher. If you are under the age of majority where you live, you may use the Services only with the permission of a parent or legal guardian who agrees to these Terms on your behalf. You may not use the Services if you are barred from doing so under applicable law.
The Services are pre-release software offered for testing and evaluation. They may contain bugs, security vulnerabilities, or other defects, and may change or stop working at any time. Yantagram's security has not been formally audited by an independent third party. You use the Services at your own discretion and risk.
The Services are not a replacement for emergency services and must not be relied on for emergency, life-safety, or mission-critical communications. Messages sent over Bluetooth mesh depend on other devices being nearby, powered on, and running Yantagram, and messages sent over the internet depend on networks and servers outside your control. We do not guarantee that any message will be delivered, delivered on time, or delivered at all. In an emergency, contact your local emergency number (such as 911) by other means.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Yantagram application on devices you own or control, for your personal, non-commercial use. If you obtained the application from the Apple App Store or Google Play, your use must also comply with that store's usage rules.
You agree not to, and not to help anyone else to:
You are solely responsible for the messages, images, and other content you send ("Your Content") and for your conduct and interactions with other users. Because Your Content is end-to-end encrypted, we cannot see, review, or moderate it, and we are not responsible for any content sent by you or other users. You retain all rights to Your Content. We do not claim any ownership of it.
You may block other users within the application. We are not responsible for the conduct of any user, whether online or offline.
Yantagram forms a peer-to-peer network with nearby devices. By using the Services, you agree that your device may receive, store temporarily, and forward encrypted messages for other users, and that this uses your device's Bluetooth radio, battery, storage, and, when the internet relay is enabled, mobile data. Your device cannot read messages it forwards for others. Carrier data charges and other costs of using your device are your responsibility.
Your identity, encryption keys, contacts, and messages are stored only on your device. We do not keep backups and cannot recover them. If you lose your device, uninstall the application, use the panic wipe, or if messages expire under your disappearing message settings, that data may be permanently lost. You are responsible for securing your device, and for choosing and verifying who you share your QR code with.
We may make an internet relay and push notification service available to extend the reach of the application. These services are optional and may be disabled in the application's settings. We may change, limit, suspend, or discontinue them at any time, with or without notice, and we may impose usage limits. If you configure the application to use third-party relays, those relays are operated by others, and we are not responsible for them.
The application may offer optional in-app purchases, such as tips or cosmetic items. Purchases are processed by the Apple App Store or Google Play under their terms, and we do not receive your payment information. Tips are voluntary contributions and do not unlock any feature or create any obligation for us. Except where required by law or the applicable store's refund policy, all purchases are final and non-refundable. Cosmetic items are licensed to you, not sold, and may change if the Services change or are discontinued.
The Services rely on third-party platforms and services, including app stores, operating systems, push notification services provided by Apple and Google, and hosting providers. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.
The Services include encryption technology and are subject to United States export control and sanctions laws. You represent that you are not located in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree not to export, re-export, or transfer the Services in violation of those laws.
The Services, including all software, designs, text, graphics, and trademarks, are owned by us or our licensors and are protected by intellectual property laws. All rights not expressly granted to you in these Terms are reserved. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide right to use them for any purpose without obligation to you.
We may release updates, fixes, or new versions of the Services, which may be installed automatically depending on your device settings. Some updates may be required to keep using the Services. We may also add, change, or remove features at any time. We have no obligation to provide support, maintenance, or updates.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT MESSAGES WILL BE DELIVERED OR REMAIN CONFIDENTIAL; THAT DATA WILL NOT BE LOST; OR THAT ANY DEFECTS OR VULNERABILITIES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, INCLUDING STATEMENTS ON OUR WEBSITE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YANTAGRAM OR ITS OWNERS, DEVELOPERS, CONTRIBUTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, OR ANY FAILURE OR DELAY IN DELIVERING MESSAGES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Yantagram and its owners, developers, contributors, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to Your Content, your use or misuse of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.
Informal resolution. Before filing a claim, you agree to contact us at dev@yantagram.com and try to resolve the dispute informally for at least 30 days.
Binding arbitration. If the dispute is not resolved informally, you and we agree that any dispute arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to stop infringement or misuse of intellectual property. The Federal Arbitration Act governs this section.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable, this entire arbitration section will not apply to that dispute.
Opt-out. You may opt out of this arbitration agreement by emailing dev@yantagram.com within 30 days of first accepting these Terms, stating that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.
These Terms are governed by the laws of the State of [Insert State], United States, without regard to its conflict of law principles. Subject to Section 18, any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts located in [Insert State], and you and we consent to the personal jurisdiction of those courts. If you live in a country whose consumer protection laws give you the right to bring claims in your local courts, nothing in these Terms takes away that right.
You may stop using the Services at any time by uninstalling the application. We may suspend or terminate your access to the Services, or any part of them, at any time and for any reason, including if we believe you have violated these Terms. Upon termination, your license ends and you must stop using and uninstall the application. Sections 6, 8, 10, and 13 through 22 survive termination.
We may update these Terms from time to time. The current version will always be posted on this page with its effective date. If we make material changes, we will make reasonable efforts to notify you, for example through the application or this website. By continuing to use the Services after updated Terms take effect, you agree to them. If you do not agree, you must stop using the Services.
These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Services and replace any prior agreements. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the remaining provisions will stay in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign them without restriction. We are not liable for any delay or failure caused by events beyond our reasonable control. Section headings are for convenience only.
If you downloaded the application from the Apple App Store, the following also applies:
If you have any questions about these Terms, contact us at dev@yantagram.com.