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YoloNerd

Terms of service

Terms of service

1: Overview

You and Palma County LLC DBA "YoloNerd" ("YoloNerd," "we," or "us") have agreed to these terms of service (the "Terms of Service"). The Terms of Service cover the YoloNerd website at www.yolonerd.com, as well as all of the content, features, communication channels, software, and services that can be found on or through it.

You accept these Terms of Service and agree to be bound by them by using the platform. If you don't abide by these Terms of Service, YoloNerd may stop letting you use the platform without giving you any prior notice. You may not access or use the platform if you disagree with these terms of service. To use the platform, you must be at least 18 years old.


The platform and these terms of service are subject to modification at any moment, as reserved by YoloNerd. All modifications take effect right away after being uploaded. Following the publication of the updated Terms of Service, you are deemed to have accepted and agreed to the changes if you continue to use the platform.


The privacy notice that YoloNerd has put on the platform applies to any data that we collect there. By using the platform, you agree to any activities we take in accordance with the Privacy Notice with regard to your information. These Terms of Service include and are subject to the Privacy Notice. These Terms of Service take precedence over the Privacy Notice to the extent that there is a conflict. Except for personal information explicitly requested by YoloNerd in accordance with the Privacy Notice, you agree not to post any confidential or personal information to the Platform.

YoloNerd believes that all Platform Content (as defined below) is up-to-date as of the day it is posted on the Platform.

"YoloNerd Team" refers to YoloNerd, our owners, assignees, subsidiaries, related businesses, executives, and directors, as well as anyone involved in creating, making, or delivering the platform, as used in these Terms of Service.


2: Services


You may subscribe to YoloNerd's many service and product integrations (collectively, the "Services") via the Platform. The services are referred to whenever the platform is mentioned. These Terms of Service and the supplementary clauses below apply to all services. To the extent that the additional terms referenced below and these Provisions of Service directly contradict each other, the terms in these Terms of Service shall prevail.


a. The ability to change the services We retain the right to add new features to the services, including modifications that might modify how the services previously operated. Although we think that any such changes would improve the services generally, it's conceivable that you have a different perspective.


b. There is no reliance on future releases and upgrades.You acknowledge that the provision of any future capability or feature by us, including but not limited to the continuance of a specific service beyond its current subscription term or any third-party services, is not a condition of your purchase of services on or via the Platform.


c. As-Is. Except as specifically specified differently in this Agreement, the platform is supplied "as is," as further detailed in Section 21.


d. Features. Although certain phrases and features used in conjunction with the platform and services, such as "power dialer," may resemble those offered by others, they are unique to our platform.


e. Further Terms Specific services and activities provided by YoloNerd on the Platform may be subject to additional conditions.


3: Informational property


Except as noted below, YoloNerd or its licensors are the owners of the platform and all of its data, information, features, services, and functionality ("Platform Content"). This includes, but is not limited to, text, graphics, videos, logos, button icons, databases, music, sounds, images, and other material that can be viewed on the platform. The following definition of "user contribution(s)" excludes it from platform content.


The YoloNerd name and any associated logos are the company's trademarks and service marks (hence, "marks"). Without prior written consent from YoloNerd, it is forbidden to use the YoloNerd Marks in connection with any item or service that is not offered by the company, in a way that might confuse consumers, or in a way that disparages, discredits, or otherwise misrepresents the company. On the platform, there may be trademarks or service marks that belong to the owners of other things or business names.


Our trademarks or logos may appear on a third-party website with or without our consent. If one of our logos or trademarks is used on a website that is not ours, it does not mean that YoloNerd supports or endorses that website.


If you think that something on the platform violates your intellectual property rights, please get in touch with YoloNerd Management.


4: Prohibited Uses and Limited License


You are given a personal, non-exclusive, revocable, non-assignable, and non-royalty-free license by YoloNerd to access and use the platform content while using the platform. Any other use, such as the reproduction, modification, distribution, transmission, republication, framing, display, or performance of platform content without prior permission from YoloNerd, is strictly prohibited, with the exception of making the services available to you and your end users as expressly permitted under these Terms of Service. You can't take off any marks or other property markings, like credit and attribution labels and copyright warnings, that have been put on platform content or are close to it.


Only legitimate uses and compliance with these Terms of Service are permitted for you, your staff, and your end users (hence, "clients") to utilize the platform. You thus affirm that neither you, your workers, nor your clients will:


Use the platform or any services in a manner that contravenes any rules or laws that may be in force.


use the platform or any of its services to hurt, exploit, or try to hurt other people in any way.

It is against these Terms of Service to send, receive, upload, download, use, or reuse content that breaks the rules.

delivery of any unauthorized advertising or promotional materials, like "junk mail," "chain letters," "spam," or other similar solicitations, or setting up the sending of such materials.


You can't give false information or try to pose as YoloNerd, a YoloNerd employee, another user, or any other person or organization. This includes, but isn't limited to, using any of the above email addresses.

Do anything else that makes it hard for someone to use or enjoy the platform or any services, or that YoloNerd thinks could put the platform or its users in danger or make them responsible.


Use the platform or any of its services in a way that could hurt, overburden, disable, or otherwise affect it, or that could stop anyone else from using it or from taking part in real-time activities through the platform.


You can't use a robot, spider, or any other automated tool to access the platform for any reason, like keeping track of the content or making copies of it.


You can't check, copy, or use any of the content on the platform in any other way without first obtaining YoloNerd's written permission.


Use any tool, program, or method that stops the platform or any of its services from working properly.


Introduce any dangerous or technologically hazardous content, such as viruses, trojan horses, worms, logic bombs, etc.


Try to get unauthorized access to, change, destroy, or mess with any part of the platform, the server where the platform is hosted, any server, computer, database, or other device connected to the platform, or any services.


Denial-of-service or distributed denial-of-service attacks against the platform are acceptable.


Alternately, try to prevent the platform or any services from operating correctly.


5: Consumer and end-user behavior


As part of your use of the platform or services, you agree to the following:


All licenses, authorizations, consents, and permits that you, your employees, agents, and clients need to do your job under these Terms of Service must be kept up to date.


When it comes to how you and your employees, agents, and clients use the platform, you are the only one responsible for their actions.

The way your clients utilize the services is entirely your responsibility.


The contract between you and YoloNerd does not apply to your clients.

You won't misrepresent the services to your clients, staff, or agents.

You are responsible for making these terms of service available to all of your employees, agents, and clients. You must also ensure that each of them is aware that, by using or offering the services, they are subject to these terms of service.


All of the intellectual property rights in and to the material that you provide to YoloNerd belong to you or are under your control.

 

For all of your use of the platform, you will be solely responsible for the quality and accuracy of any data and other information that you or someone acting on your behalf sends to us through the services and each service that you make available to your clients.


In line with these Terms of Service and our Privacy Notice, you have given and will continue to give enough notice and have gotten and will continue to get all necessary permissions and consents before giving us access to your client's data.


When law enforcement, regulators, or telecommunications providers ask for information, you, your staff, and your clients must work together in a fair way.


Your Use of the Services' Communications Features


Your usage of the services, which may include specific communication features like SMS, MMS, email, voice call functionality, and other channels, is provided by YoloNerd. You agree that


You agree that you understand and will follow all laws, including the Telephone Consumer Protection Act ("TCPA") and the CAN-SPAM Act, and that you are the only one responsible for any messages sent through the Services.

You are aware that if you don't follow the law while using the services, you risk breaking the rules. YoloNerd does not guarantee that your use of the services will comply with any laws, nor is it responsible for your compliance with the law. You should talk to a lawyer to make sure that your communications are legal and follow the law.


YoloNerd is only a communication service application provider. YoloNerd does not initiate, transmit, or deliver any messages through SMS, MMS, email, or any other form of communication to any recipient;


Any conversations are created or started by you, not YoloNerd. The message, time, sending, preventing fraud, and call blocking are all within your control. The service is entirely reactive and only delivers messages in accordance with your requests and instructions. All communications, including but not limited to SMS, MMS, and email, are started and produced by you and/or your clients, whether they are delivered manually via the Services at your request or automatically as part of communications established by you.


Customers whose data is sent to YoloNerd through any method, including but not limited to inbound text, data imports, tablet sign-ins, API calls, or manual entry, are only those who have opted into your communications program and agreed to receive your communications (whether by SMS, MMS, email, voice communication, or another method) in accordance with applicable law, including but not limited to the TCPA.


7: Payment


a. Fees. If you decide to purchase one or more of the services offered on the platform, you agree to pay all costs ("Fees"). Based on the services you choose to utilize, our monthly membership offers tier pricing for various levels of services and goods. You may buy add-on services in addition to our monthly subscription services for a one-time fee or ongoing subscription fees. Fees are subject to change. Any relevant fees or surcharges for communications services or telecommunications providers (such as carriers) are not included in the fees; they are generally referred to as "communications surcharges." All communication surcharges related to your usage of the services are your responsibility to pay. Communications surcharges will be shown on an invoice as a distinct line item. There are no refunds for any fees or communications surcharges.


b. Your payment card on file will be charged for any costs associated with your purchase or usage of the services. If you sign up for a service that requires recurring payments and is ongoing (like a subscription), those payments will be made in advance of the service. You agree to provide us with current, correct billing information, such as your name, address, and phone number, as well as any changes within ten days of the change. This information must include a valid credit card number.


You are fully liable for any associated transactions, including but not limited to refunds and chargebacks of such fees that are passed on, if you are transferring to your clients the cost of paying platform-related fees. Concerns about charges that were passed on to your clients are not YoloNerd's responsibility to resolve. Any fees that are transferred to clients or other parties must be the exact amounts that YoloNerd charges, without adjustment or markup.


c. Taxes. Taxes ("Taxes") related to your use of the platform, including any related to the services you purchase or any business dealings you have with your clients, are solely your responsibility. As part of the fees, YoloNerd may charge you taxes as it sees fit. All decisions made by YoloNerd about which taxes to charge are final. If YoloNerd deems at any time that more taxes are owed, it may recalculate them and collect them from you. In accordance with Section 22, you agree to hold YoloNerd harmless from any and all tax-related claims arising out of your activity on the platform, including any taxes arising from your dealings with your clients. Taxes are nonrefundable, just like all fees.


d. Late Amounts You agree that if your credit card company declines or otherwise refuses to pay the amount due for the services you have purchased, we may suspend or terminate service provision or product delivery and may demand payment of any past-due fees and other amounts (including any third-party chargeback fees or penalties) through alternative channels that we deem appropriate. You agree to compensate us for any costs needed to recover amounts owed, including attorney fees and other legal costs, if legal action is required to collect on outstanding balances.


Payment Conflicts You must provide us with written notice of any invoiced charges you want to dispute within sixty (60) days of the date we bill you. While the disagreement is ongoing, you must pay all billed fees; otherwise, you give up the right to do so. If you disagree with any fees, you must behave appropriately, in good faith, and diligently assist us in settling the disagreement. YoloNerd's decisions regarding your obligation to pay billed charges are final.


f. Zero Refunds Except as specified below, YoloNerd does not provide refunds or credits for fees associated with partially used or unused subscriptions. All fees levied by YoloNerd are non-refundable. You are still liable for all fees throughout the subscription period, even if you sign up for a service subscription but never use the service or platform. In the event that YoloNerd decides, in its sole discretion, to give a refund or credit, we are not obligated to do so again in the future.


We keep the right to give refunds or credits at our own will in the following situations:
1. In the event that we materially alter these Terms of Service or Privacy Notice during a billing period and such alteration has an unfavorable effect on you, we may, in our discretion or as may be required by applicable law, refund a portion of your subscription fee equal to the portion of the term that has not yet expired. You must provide written notice that (a) identifies your account and (b) requests termination of the particular service in order to be qualified for a refund. When we receive your cancellation notification and confirm that you have permission to do so, the cancellation will take effect. To tell us something, please follow the steps in the "Communications and Contact Information" section below.


2. We may refund a portion of your paid subscription fee equal to the time left on your subscription that you haven't used yet, if we think it's fair or if the law says we have to, if a change or stoppage of services hurts you and there are no other ways to fix the problem as outlined in these Terms of Service.

 


That's not you, YoloNerd. When reselling the service, you may not identify yourself as YoloNerd, represent YoloNerd, or make any other indication that you are affiliated with YoloNerd. Don't tell your resale customers to get in touch with YoloNerd for anything, not even for service assistance.


Termination and suspension If we find that you are breaking this Agreement or for any other reason, we may, in our sole discretion, suspend or terminate your right to resell services as specified in this section with or without prior notice to you.

 


9: Extraordinary Data Use


The service might become sluggish or unavailable due to your excessive data use. We are not responsible for the impact that your excessive data consumption may have on the functionality of the service. If we decide in our sole discretion that your data usage is excessive, abusive, or has any detrimental impact on the services, we may: (1) suspend or terminate your use of the service; or (2) decrease the amount of data you are permitted to use, with or without prior warning.

We provide the service with tier-based pricing, and certain tiers can handle more data with less negative influence on the operation of the service. If you'd like further details on data use rates that could be more suitable for your requirements, get in touch with us.


10: Training


You could get instructions from YoloNerd on how to utilize the services. As further described in Section 21, all training and related material given as part of it ("Training") are provided "as is" with no warranties. You alone are accountable for how and if you use any tactics you learn during training, since only you are aware of your personal circumstances and those of your clients. No specific results are guaranteed by YoloNerd, and depending on your circumstances, training may sometimes work against you.


11. Information Kept on Our Servers


You acknowledge and agree that, subject to our Privacy Notice, we are not responsible or liable for the deletion or failure to keep any material posted, emailed, or otherwise communicated on or via the Platform. You agree that we have the right to delete or cancel accounts that don't pay a membership fee, haven't been used in more than one (1) year, or have broken one or more of the rules in this Agreement.

 


12: Registration of Accounts


You will be required to provide registration information or other information in order to access some areas of the platform, sign up for or use the services, or both. All the information you supply must be accurate, current, and complete in order for you to fully utilize the platform. When you give YoloNerd information to sign up for the platform, make a transaction through the platform, or for any other reason, you agree that YoloNerd can do anything with that information that is in line with our Privacy Notice.

 


13: Use and Security of Login Information


Your user name and password ("Login Credentials") are your responsibility to keep private. Whether or not you provide permission for a particular use of your account or login credentials, you are still accountable for it. You agree to promptly alert YoloNerd of any unauthorized access to or use of your account or login credentials, as well as any other security violation. In its sole discretion, YoloNerd maintains the right to disable your login credentials at any time and for any reason, including if it believes that you have broken one or more of these Terms of Service. All users are required to take precautions to prevent unauthorized users from using their passwords to access the platform since user accounts are not transferable.

 


14: Contributions by users


You own all intellectual property rights to the user contributions, and you have the right to grant the above license to the YoloNerd Team, us, our service providers, and each of their assignees.

Your entire user content complies with our terms of service and will continue to do so.

You understand and agree that any User Contribution you make or post is at your own risk and that it is your sole responsibility—not YoloNerd's—to make sure it is appropriate, accurate, and legal.


You agree not to publish remarks, messages, links, code, or other content on the Platform if you plan to post anything there or if you use any other interactive service, such as a message board or newsgroup, or if you use the Platform in any other way.


include explicit sexual or violent content, are illegal, threatening, abusive, harassing, defamatory, misleading, fraudulent, torturous, or invade someone's privacy;


victimizes, harasses, insults, or threatens a person or group of people because of their color, gender, sexual orientation, or any other trait;


violates a party's right to publicity, a patent, a trademark, a trade secret, or other intellectual property right;

tries to use your account on this platform to get into another network or server, breaks the security of this platform, or in any other way lets you into secured, protected, or otherwise inaccessible parts of this platform.


We don't accept User Contributions from third parties, and we're not responsible or liable to anyone else for the accuracy or content of any User Contributions uploaded by you or any other Platform user.Additionally, we are not liable for any removal delays or failures. While YoloNerd does not actively monitor user contributions, we reserve the right to remove or otherwise not make publicly accessible any content that we believe is unneeded or improper for use on our platform.


User personalization


You may alter certain areas of the Platform by adding your name, logo, trademark, and color scheme to your exclusive access area. Copyright, trademark, and other intellectual property issues relating to the customized look and feel of the platform for you and your clients are exclusively your responsibility. You understand that you may not be able to alter the platform in a way that makes it seem to have been independently created while still maintaining your brand identity. YoloNerd reserves the right to remove any changes you make at any time, without notice or liability to you.


16. Promotions


This platform may sometimes feature advertising provided by other parties. You are allowed to communicate with advertisers displaying their goods on our platform and take part in their promotions. Any such communications or promotions, as well as the provision of and payment for products and services by such third parties, and any other terms, conditions, warranties, or representations relating thereto, are exclusively between you and the advertiser. We disclaim all duty, liability, and obligation for any aspect of such contact or advertising. You shall make sure that these actions abide by all applicable laws.


17. What You Produce


Your data and any user contributions you submit to the service are your property and are still fully yours ("Your Data"). You authorize us, the YoloNerd Team, and our service providers to use Your Data in accordance with these Terms of Service and our Privacy Notice, as well as to provide you with the Services.Additionally, subject to YoloNerd's commitment to protect the privacy of Your Data, you give YoloNerd the right to use Your Data to enhance the Service, create additional services, and for other business-related objectives. You represent and warrant that you have all required rights and permissions to use the services if you are using them on someone else's behalf. Under these Terms of Service, we do not get any right, title, or interest from you or your licensors other than the restricted license that has been granted.


Ideas submissions. Users may submit ideas for brand-new goods, services, and/or related features through a platform that may be part of the platform (each, an "idea"). Unless we have both agreed differently in writing, you agree to the following by submitting an idea to YoloNerd:


You are voluntarily, openly, and gratuitously providing YoloNerd with your idea;


You provide YoloNerd and its designees a permanent, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use any idea you submit to YoloNerd without any limitations, payment or other compensation of any kind, permission from you or any third party, or notice. The license gives YoloNerd or the people it chooses the unrestricted right to: (i) copy, make derivative works, combine with other works, change, translate, display, distribute copies of, and perform; and (ii) license the idea and all rights to it all over the world, forever, in any and all media that exist now or will exist in the future.


The same or a similar concept may already be in the works at YoloNerd, or it may have come from another source.


You have the legal authority to reveal the idea to YoloNerd, and neither your disclosure of the idea nor YoloNerd's assessment and/or use of the idea will violate the rights of any other person or entity. The idea is your original work.


Providing YoloNerd with your idea does not create a confidential connection or bind YoloNerd to treat it as such.


In addition, YoloNerd has no obligation to pay you or anyone else anything for the use of your idea or any ideas that are connected to or derived from it.


YoloNerd is not responsible for any idea until and unless it signs a formal contract with you. Even then, it is only responsible for what is written in the contract.


You have disclosed to YoloNerd whether your idea is covered by a patent that is pending or has already been granted. YoloNerd accepts that no license under any patent is given to YoloNerd in the event that you own a patent on the idea.


Any permission to use an idea that is protected by intellectual property rights must be in writing, and only a written agreement can spell out YoloNerd's responsibilities.


YoloNerd is not required to look at your idea, tell you why it was turned down, or tell you what actions were taken related to the idea.


You won't take YoloNerd's evaluation of your idea or any discussions, negotiations, or offers about the possibility of buying or licensing your idea as an acknowledgement of its novelty, originality, priority, other rights, or value, and YoloNerd's discussions or negotiations with you won't in any way limit YoloNerd's ability to challenge the legality of or infringe upon your rights;


You release YoloNerd and the YoloNerd Team from any and all claims, liabilities, and obligations you may have now or in the future against YoloNerd or the YoloNerd Team about the idea, including, but not limited to, how YoloNerd uses the idea directly or indirectly.


You agree that you are solely responsible for the content of the idea, and you agree to defend, indemnify, and hold YoloNerd harmless (at YoloNerd's option and sole expense) from any and all actions, claims, and liabilities, demands, whether absolute or contingent, of any kind, damages, losses, costs, fees, fines, or expenses, including reasonable attorneys' fees, that YoloNerd or the YoloNerd Team may face as a result of using the idea


8. Digital Millennium Copyright Act; copyright


If you think that your work has been copied in a way that violates your copyright or that your intellectual property rights have been violated in some other way, you should follow the steps below to let us know about your claim.


Concerning any claimed or real infringement, we will review and look into reports of alleged infringement and take legal action if necessary under the Digital Millennium Copyright Act ("DMCA") and other relevant intellectual property laws.


7: Materials Provided by Others


It's possible for other parties to contribute material to this platform. All claims and views expressed by third parties are exclusively those of the person or organization that published such statements or information. These resources don't always represent YoloNerd's views. Any content or accuracy of any materials given by any third party is not the responsibility of YoloNerd.

 


8: Links to Additional Websites


To make using the platform easier, YoloNerd may provide connections to other websites. An external link's presence on this platform does not indicate any sort of sponsorship or approval. These websites are not within the jurisdiction of YoloNerd, who furthermore disclaims all liability for any loss or harm that may result from your use of them. If you choose to visit any of the third-party websites connected to this platform, you do so solely at your own risk and are subject to their privacy policies and terms of use.


9: Disclaimer


The platform and the services it offers are given "as is" and "as available," with no express or implied warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.


We don't promise that (A) the platform, the platform content, or the services will meet your needs, (B) the platform, the platform content, or the services will be uninterrupted, timely, secure, or error-free, or (C) the results you can get from using the platform will be accurate or reliable.


YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CHANGES TO, INTERCEPTIONS OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER'S NETWORK, BECAUSE YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS' NETWORKS ARE NOT INHERENTLY SECURE.


WE MAY MAKE CHANGES TO THE PLATFORM CONTENT AND SERVICES ON OR THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.We make no commitment to update such content or products. This platform may contain technical or other errors or inaccuracies.


By using the platform, using the services, downloading, or getting any products or platform content in any other way through the platform, you agree that you are solely responsible for any damage to your computer system or loss of data that happens as a result.


You could have the chance to do business with other users and suppliers as a result of using the platform. You agree that all transactions involving goods or services that you or a third party provide, such as purchase terms, payment terms, warranties, and guarantees, are between you and the person buying or selling those goods or services.


Any warranty that is provided in connection with any services or content available on or through the platform from a third party is provided solely by such third party and not by us or the YoloNerd Level Team. We don't make any promises about transactions done through a third party or through the platform. You understand and agree that these transactions are done at your own risk.

 

WE RESERVE THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, AND WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. Changes could include, but are not limited to, changes to the way prices are set and the


Please check the laws in your area, as some states or countries don't let you get out of some warranties. This means that some of the above restrictions may not apply to you.


10. Liability Limitation, Indemnification, and Mitigating Measures


The amount you paid us for Services you bought on the Platform in the three (3) months before the act that caused the liability shall be your only remedy and the extent of our liability, if any, for any claims that come from these Terms of Service and your use of the Platform or the Services.


YoloNerd is not responsible to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages at all, including, but not limited to, damages caused by malicious code, loss of use, data, or lost profits, whether or not we have been told that such damages are likely and regardless of the theory of liability, arising out of or in connection with the use of the Platform or any website.


Furthermore, WE SHALL NOT BE LIABLE FOR ANY PROMISES AND/OR STATEMENTS MADE BY THIRD PARTIES RELATING TO OUR SERVICES OR CONTENT, OR FOR HELPING YOU CONDUCT BUSINESS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION ORDER PROCESSING.


Please check the laws in your area, because some places don't let you exclude or limit your liability for incidental or consequential damages. This means that the above restrictions may not apply to you.


You agree to defend, hold harmless, and indemnify YoloNerd and the YoloNerd Team from and against any and all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including, but not limited to, reasonable attorneys' fees and the cost of any investigation) resulting from or connected in any way to your use of the platform or services (collectively, "Claims"), including, but not limited to: (a) our use of or reliance on


If any of the Services or Platform are, or in our judgment are likely to be, alleged to infringe upon any third-party intellectual property right, we may, at our discretion, take any of the following actions: (a) get permission for you to keep using the services and platform according to these Terms of Service; (b) change or replace the services or platform, in whole or in part, to try to make them non-infringing; or (c) require you to stop using the services and platform right away.


10. Time Limits for Making Claims


A CLAIM OR CAUSE OF ACTION RELATING TO, ARISING FROM, OR RELATED TO THESE TERMS OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE STARTED WITHIN THREE (3) MONTHS OF THE EVENT GIVING RISE TO THE ACTION OR CLAIM, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT;Otherwise, such action


11. Prohibitive Relief


You acknowledge that if these Terms of Service are broken, YoloNerd will suffer irreparable harm for which monetary compensation would not be an adequate remedy. So, YoloNerd will be able to seek equitable relief in addition to any other legal or contractual remedies it may have without having to post a bond or other security.


12. Affirmation and Severability


No term or condition in these Terms of Service may be waived by YoloNerd in a manner that would constitute a continuous waiver of that term or condition or a waiver of any other term or condition. A right or condition under these Terms of Service may not be waived in the event that YoloNerd fails to assert it.


Any part of these Terms of Service that a court or other competent body decides is invalid, illegal, or unenforceable for any reason must be taken out or limited to the bare minimum so that the rest of the Terms of Service can still be used.


13. Complete Agreement


With the exception of what is stated below, these Terms of Service and our Privacy Notice represent the entire understanding between you and YoloNerd with regard to the Platform. They supersede all earlier and current representations and warranties, both written and oral, that have been made with regard to the platform. No other document may be used to augment, modify, or change these Terms of Service.


You and YoloNerd could agree on distinct terms. Your whole agreement with YoloNerd shall be deemed to include the terms of any other agreements you and YoloNerd enter into. In the event of a disagreement between the terms of your separate agreement with YoloNerd and the provisions of these Terms of Service, the terms of your separate agreement with YoloNerd will govern.


14. Termination and Term


While you use the platform or subscribe to any services, these terms of service will continue to be in full force and effect. Even if you stop using the platform, the parts of these Terms of Service that are meant to last will still apply to you. This includes the sections listed above and the Privacy Notice, but is not limited to them.


a. Termination Justifications: You acknowledge and agree that YoloNerd may, at any time and for any reason, with or without prior notice, suspend or terminate your access to the Platform (or any portion thereof), with or without responsibility to you or to any third party for any claims, damages, expenses, or losses arising therefrom. Any alleged fraudulent, abusive, or illegal behavior may be reason to deny you access to this platform and, if required, report you to the relevant authorities.


b. At termination, there is no right to services. Your entitlement to use the services offered on this platform shall end right away upon termination, regardless of the reason(s) driving such termination. Any claims for damages resulting from any termination, suspension, or other measures we take in conjunction therewith will not subject us to liability to you or any other person.


c. How to End or Change a Contract If you decide to stop using the platform for any reason, you must provide YoloNerd with written notice at least 30 days before your next payment date.


e. No termination by users of third parties Access to subscriptions not directly bought from us is restricted by YoloNerd. Users whose access to the platform was granted by a company other than YoloNerd must get in touch with that party if they have any questions about termination.


15. Application of Law, Arbitration Agreement, and Class Action Waiver


The following paragraphs require you to agree to resolve all disputes between us through binding individual arbitration. Please read them carefully.


The laws of the State of Texas will apply to these terms of service and any legal problems that come up because of them or are related to them. This is true even if there are laws that conflict with each other.


Any dispute or claim arising out of or connected to these Terms of Service must be resolved solely via arbitration conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules in force at the time. The Federal Arbitration Act governs this arbitration clause. Dallas, Texas, will serve as the location for the arbitration hearings. Arbitration awards may be entered in a court of competent jurisdiction.


This arbitration agreement's scope requires that all claims and disputes be arbitrated or litigated individually, not as part of a class. There is no joint arbitration, joint litigation, or consolidation of the claims of more than one customer or user.


16. Ban on bug bounties


There is no bug bounty program or bug reward payout at YoloNerd. Except as specifically authorized by this Agreement or as agreed to by YoloNerd in a separate agreement, YoloNerd forbids any third party access to the Platform or any YoloNerd systems or networks, including any network penetration testing, security assessment, or probing.


17. Miscellaneous


a. Your Duties Regarding Privacy You must establish and enforce your own privacy notice, offering a degree of protection at least comparable to that offered to you by YoloNerd, when you provide access to the Platform to any other parties, i.e., your client(s). To ensure that your client(s) voluntarily agree to be bound by your privacy notice, you must seek their agreement.


b. Use internationally. Although the platform may be accessed from anywhere on the globe, we cannot guarantee that its content is suitable or readily available for use elsewhere. The user's decision to access the platform from another location is made voluntarily and at his or her own risk. You are responsible for adhering to local regulations in your jurisdiction, including but not limited to those governing the taxation of goods bought online, if you decide to use the Platform from a location outside of the United States. Any offer made in conjunction with the platform for any goods, services, or information is invalid where prohibited.

 

c. The EstablishmentWe shall be excused from liability for non-delivery or delay in delivery of goods and/or services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor unrest, war, fire, accident, unfavorable weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our control, in addition to any excuse provided by applicable law.


d. How to communicate with the YoloNerd Every notification to a party must be given in writing and by email. Notices to YoloNerd must be directed to support@yolonerd.com, Attention: Customer Service. You consent to our sending you messages at either the email address you supplied during registration or any other address we may have on file. Notifications take effect when received.


18: Contact and Communication Details


If you do not provide contact information, YoloNerd may still contact you about these terms of service or the privacy notice using any other method. You may either email us at support@yolonerd.com or click the "unsubscribe link" included in any messages you get from YoloNerd if you no longer want to receive them.


You must provide a main email address when signing up for the service so that you may be contacted electronically about these Terms of Use and the service. You will never get an email from YoloNerd asking for private information like account numbers, usernames, or passwords, and you should never reply to any such emails. Do not reply to any emails that seem to be from YoloNerd, and instead tell us by sending an email to support@yolonerd.com.


Please email us at support@yolonerd.com or write to us at the following address if you have any further questions or concerns about the platform, our terms of service, or the privacy notice.

 


YoloNerd

YoloNerd Management Team

Lake Carolyn Lake Parkway, 1000

75039, Dallas, Texas

support@yolonerd.com

(469)707-8707

Contact YoloNerd

Drop us a line with any questions, inquiries, or business proposals.

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