Please Read This Agreement Carefully. This agreement governs the use of the Service and applies to all users visiting or accessing the Service. By accessing or using the Service in any way, you represent that:
- You have read, understand, and agree to be bound by this Agreement
- You are at least 13 years old and meet the minimum age required by the laws in your country
- You are not barred from using the Service under applicable law
- You have the authority to enter into this Agreement
If you do not agree to these terms, you may not access or use the Service.
Important Arbitration Notice:
Section 16 (Arbitration Agreement) contains provisions that govern how to resolve disputes between you and YaYaNews. Among other things, Section 16 includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 16 also contains a class action and jury trial waiver.
Unless you opt out within thirty (30) days:
- You will only be permitted to pursue disputes on an individual basis, not as a plaintiff or class member in any class or representative action
- You are waiving your right to pursue disputes in a court of law and to have a jury trial
1. Use of the Service
YaYaNews offers a generative artificial intelligence powered news application that provides you with a personalized news feed. The Service and the information and content available on the Service are protected by applicable intellectual property laws. Your right to access and use the Service is subject to this Agreement.
1.1 Application License
Subject to your compliance with this Agreement, YaYaNews grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single Device that you own or control and to run such copy of the Application solely for your own personal purposes.
1.2 Supplemental Terms
Your use of certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.
1.3 Updates
You understand that the Service is evolving. YaYaNews may require you to install updates to the Applications. You acknowledge and agree that YaYaNews may update the Service with or without notifying you. Any future release, update or other addition to the Service shall be subject to this Agreement.
1.4 Text Message Services
YaYaNews may offer mobile message programs that allow users to receive SMS/MMS mobile messages. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier. Message and data rates may apply.
By enrolling a telephone number, you authorize us to send recurring SMS and MMS mobile messages to the number you specify. Message frequency varies. To opt out, email us at contact@mail.yayanews.ai with your Account information.
2. Registration
2.1 Registering Your Account
In order to access certain features of the Service, you may be required to register an account on the Service ("Account").
2.2 Registration Data
In registering an account on the Service, you shall:
- Provide true, accurate, current, and complete information about yourself as prompted by the registration form
- Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete
2.3 Your Account
You acknowledge and agree that you have no ownership or other property interest in your Account, and all rights in and to your Account are and will forever be owned by YaYaNews. You are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors.
You may not share your Account or password with anyone, and you agree to notify YaYaNews immediately of any unauthorized use. You agree not to create an Account using a false identity or information. You agree not to create an Account or use the Service if you have been previously removed or banned by YaYaNews.
2.4 Necessary Equipment and Software
You must provide all Devices and other equipment or software necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.
3. Responsibility for Content
3.1 Types of Content
You acknowledge that any information, news, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. You, and not YaYaNews, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service ("Your Content").
3.2 Storage
Unless expressly agreed to by YaYaNews in writing elsewhere, YaYaNews has no obligation to store any of Your Content. YaYaNews has no responsibility or liability for the deletion or accuracy of any Content, including Your Content.
4. Ownership
4.1 The Service
Except with respect to Your Content, you agree that YaYaNews and its suppliers or licensors own all rights, title and interest in the Service. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
4.2 Trademarks
All related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of YaYaNews and may not be used without permission.
4.3 Your Content
YaYaNews does not claim ownership of Your Content. However, when you make available any Content on or to the Service, you represent that you own and/or have sufficient rights to Your Content.
4.4 License to Your Content
Subject to any applicable Account settings that you select, you grant YaYaNews a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable right and license to use, share, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content for the purposes of operating and providing the Service and to further develop and improve the Service.
Your Content may be shared with Third-Party AI Providers for the purposes of operating and providing the Service.
4.5 Aggregated, De-Identified, and/or Anonymized Data
YaYaNews may create aggregated, de-identified, and/or anonymized data from Your Content. We may use this data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
4.6 Performance Data
YaYaNews shall own all general performance and usage data generated or collected through your use of the Services, including session data, traffic, volumetrics, clickthrough or clickstream data, feature usage, and errors.
4.7 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to YaYaNews is at your own risk and that YaYaNews has no obligations with respect to such Feedback. You hereby grant to YaYaNews a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use any and all Feedback.
5. Restrictions; Acceptable Use
5.1 Certain Restrictions
As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable law. You shall not:
- License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service
- Frame or utilize framing techniques to enclose any trademark or logo located on the Service
- Use any metatags or other "hidden text" using our name or trademarks
- Modify, translate, adapt, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service
- Remove or destroy any copyright notices or other proprietary markings
- Impersonate any person or entity, including any employee or representative of YaYaNews
- Interfere with or attempt to interfere with the proper functioning of the Service
- Aggregate, scrape, recreate, or redistribute Third-Party Content
5.2 Acceptable Use Policy
You agree that you will not take any action or make available any Content on or through the Service that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, racist, tortious, obscene, offensive, or profane
- Constitutes unauthorized or unsolicited advertising, junk or bulk email
- Involves commercial activities and/or sales without our prior written consent
- Is in furtherance of any illegal activities or transactions
- Seeks to artificially amplify or suppress information or manipulate user experience
- You know to be synthetic or manipulated in a manner that is likely to cause harm
5.3 Compliance
The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the licenses granted by YaYaNews pursuant to this Agreement.
6. Investigations, Monitoring, & No Obligation to Pre-Screen Content
YaYaNews may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content.
Without limiting the foregoing, YaYaNews reserves the right to:
- Remove or refuse to post any of Your Content for any or no reason
- Take any action with respect to Your Content that we deem necessary or appropriate
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
- Take appropriate legal action, including referral to law enforcement
- Terminate or suspend your access to all or part of the Service for any violation of this Agreement
7. Interactions with Other Users
7.1 User Responsibility
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. YaYaNews reserves the right, but has no obligation, to intercede in any disputes. You agree that YaYaNews will not be responsible for any liability incurred as the result of your interactions with other users.
7.2 Content Provided by Other Users
The Service may contain User Content provided by other users. YaYaNews is not responsible for and does not control User Content. YaYaNews does not approve or endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk.
8. Third-Party Services
8.1 Third-Party Websites, Applications and Ads
The Service may contain links to third-party websites, applications and advertisements (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of YaYaNews. YaYaNews provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services.
8.2 Third-Party AI Tools
YaYaNews uses large language models and artificial intelligence algorithms, tools and platforms (the "Third-Party AI Tools") to generate suggested text, information, results, images, and other Content (the "Output") in response to your prompts, comments and questions (the "Prompts"). You acknowledge that the Outputs are based on your Prompts and models. Such Third-Party AI Tools are not under the control of YaYaNews, and you use such Third-Party AI Tools and Output at your own risk.
You hereby grant to YaYaNews a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use all of your Prompts in connection with providing the Services.
8.3 Third-Party Publishers
YaYaNews sources Content from third-party news sources and publishers. YaYaNews has no obligation to pre-screen any Content from Third-Party Publishers and does not make any representations or warranties in connection therewith.
8.4 App Store Sourced Applications
With respect to any Application accessed through the Apple App Store, you shall only use such Application on an Apple-branded product and as permitted by the Apple Media Terms of Service.
9. Subscriptions
9.1 Signing Up
YaYaNews offers a subscription service ("YaYaNews Plus"), which provides access to certain features and functionality. YaYaNews Plus is available as a monthly or annual subscription and is currently purchased and managed exclusively through the Apple App Store. Subscriptions are subject to automatic renewal unless cancelled.
9.2 Billing
You authorize Apple to charge your designated payment method for the then-current subscription fee on the date of your initial purchase and automatically on the same day of each subsequent billing period.
9.3 Cancellation
You may cancel your subscription at any time by following the cancellation process established by Apple. Any cancellation will go into effect at the end of your current billing period, through which time you will continue to have access to YaYaNews Plus.
9.4 Refund
All purchases are final and we will not provide a refund. Your purchase will be subject to the Apple Media Terms of Service.
9.5 Termination
We reserve the right to terminate or suspend your access to YaYaNews Plus at any time. If your access is terminated due to your breach of these Terms of Use, you will not be entitled to a refund.
9.6 Changes
We reserve the right to change the subscription pricing, features and functionality of YaYaNews Plus at any time. If we increase the price, we will give you reasonable notice and any price increase will take effect on your next renewal.
10. Indemnification
You shall indemnify and hold YaYaNews, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of:
- Your Content
- Your use of, or inability to use, the Service
- Your violation of this Agreement
- Your violation of any rights of another party
- Your violation of any applicable laws, rules or regulations
YaYaNews reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Service.
11. Disclaimer of Warranties
11.1 "As Is" Basis
You expressly understand and agree that to the extent permitted by applicable law, your use of the service is at your sole risk, and the service is provided on an "as is" and "as available" basis, with all faults. The YaYaNews parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied.
The YaYaNews parties make no warranty that:
- The service will meet your requirements
- Your use of the service will be uninterrupted, timely, secure or error-free
- The advice, results, news content, or other information will be accurate or reliable
Any content downloaded from or otherwise accessed through the service is accessed at your own risk.
11.2 No Liability for Conduct of Third Parties
You are solely responsible for all of your communications and interactions with third parties on the service. You acknowledge and agree that the YaYaNews parties are not liable for the conduct of third parties, and that the risk of injury from such third parties rests entirely with you.
12. Limitation of Liability
12.1 Disclaimer of Certain Damages
You understand and agree that, to the fullest extent provided by law, in no event shall the YaYaNews parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, arising out of or in connection with this agreement, the service, or any communications, interactions or meetings with other users or third parties.
12.2 Cap on Liability
To the fullest extent permitted by law, the YaYaNews parties shall not be liable to you for more than the greater of:
- The total amount paid to YaYaNews by you during the three-month period prior to the act giving rise to such liability
- $100
- If applicable, the statutory remedy or penalty imposed by the statute under which such claim arises
12.3 User Content
YaYaNews assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.
12.4 Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between YaYaNews and you.
13. Procedure for Making Claims of Intellectual Property Right Infringement
It is our policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights. If you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner
- A description of the copyrighted work or intellectual property right that you claim has been infringed
- A description of the location on the Service of the material that you claim is infringing
- Your address, telephone number, and email address
- A written statement that you have a good faith belief that the disputed use is not authorized
- A statement, made under penalty of perjury, that the above information is accurate
Contact information: Copyright Compliance Department, Hong Kong eNet Innotech Holdings Limited, ROOM 1911, LEE GARDEN ONE, 33 HYSAN AVENUE, CAUSEWAY BAY HONG KONG, with a copy via e-mail to copyright@yayanews.news
14. Term and Termination
14.1 Term
The term of this Agreement commences when you accept this Agreement and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.
14.2 Termination of Service by YaYaNews
If you have materially breached any provision of this Agreement, or if YaYaNews is required to do so by law, YaYaNews has the right to immediately suspend or terminate any Service provided to you. YaYaNews reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you.
14.3 Termination by You
If you want to terminate this Agreement, you may do so by notifying YaYaNews at any time.
14.4 Effect of Termination
Upon termination, your right to use the Service will automatically terminate, and we may delete Your Content from our live databases. YaYaNews will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive will survive termination.
14.5 No Subsequent Registration
If this Agreement is terminated for cause by YaYaNews, you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.
15. International Users
The Service may be accessed from countries around the world and may contain references to services and Content that are not available in your country. The Service is controlled and offered by YaYaNews from its facilities in Hong Kong. YaYaNews makes no representations that the Service is appropriate or available for use in locations outside its officially supported countries. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.
16. Arbitration Agreement
Important: This section contains an arbitration agreement that affects your rights. Please read it carefully.
Section 16 contains provisions that govern how disputes between you and YaYaNews will be resolved, including an agreement to arbitrate which requires that all disputes be resolved by binding arbitration rather than in court. This section also contains a class action and jury trial waiver.
You have the right to opt out of the arbitration agreement within thirty (30) days of accepting these Terms by sending written notice to the address provided in Section 17. Unless you opt out, disputes will be resolved through binding arbitration on an individual basis, and you waive your right to participate in a class action lawsuit or class-wide arbitration and your right to have disputes heard by a jury.
17. General Provisions
17.1 Electronic Communications
The communications between you and YaYaNews may take place via electronic means. For contractual purposes, you consent to receive communications from YaYaNews in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that YaYaNews electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.
17.2 Assignment
This Agreement, and your rights and obligations hereunder, may not be assigned by you without our prior written consent. YaYaNews may freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement.
17.3 Force Majeure
YaYaNews shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages.
17.4 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Service, please contact us at: contact@mail.yayanews.ai. We will do our best to address your concerns.
17.5 Notice
Where YaYaNews requires that you provide an email address, you are responsible for providing a valid and current email address. You may give notice to YaYaNews at: ROOM 1911, LEE GARDEN ONE, 33 HYSAN AVENUE, CAUSEWAY BAY HONG KONG, with a copy via e-mail at contact@mail.yayanews.ai.
17.6 Agreement Updates
When changes are made, YaYaNews will make a new copy of this Terms of Use available on the Service and update the "Last Updated" date. Unless otherwise stated, any changes will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account.
If you do not agree to any change(s) after receiving notice, you shall stop using the service.
17.7 Waiver
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
17.8 Severability
If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
17.9 Entire Agreement
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Contact Information
If you have any questions about this Terms of Use Agreement, please contact us:
33 HYSAN AVENUE, CAUSEWAY BAY
HONG KONG, 000000