Effective Date: October 1, 2024

Welcome to Yonoma, a product of TwinArcus Inc. By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree to all the terms, please do not use our services.

1. Acceptance of Terms

By using Yonoma, you confirm that you have read, understood, and agreed to these Terms of Service, our Privacy Policy, and any other policies or agreements referenced herein.

2. Eligibility

To use Yonoma, you must:

  • Be at least 18 years old or the legal age in your jurisdiction.
  • Provide accurate and complete information when registering.

3. Account Registration and Security

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to notify us immediately of any unauthorized use of your account or security breaches.
  • You are responsible for all activities conducted under your account.

4. Use of Services

Yonoma provides email marketing and transactional email services via API. You agree to:

  • Use the service in compliance with all applicable laws, including but not limited to the CAN-SPAM Act, GDPR (General Data Protection Regulation), and the California Consumer Privacy Act (CCPA).
  • Obtain consent from recipients before sending emails.
  • Be solely responsible for the content and legality of the emails you send.

5. Payments and Subscriptions

  • Payment Processing:All payments are processed through Stripe. By making a payment, you agree to Stripe’s Terms of Service and Privacy Policy.
  • Subscription Billing:Yonoma offers both free and paid plans. Paid plans are billed on a subscription basis. You agree to pay the fees specified at the time of purchase.
  • Cancellation:You may cancel your subscription at any time. Your subscription will remain active until the end of the billing cycle.
  • Refund Policy:Except when required by law, paid subscription fees are non-refundable. This includes fees paid for partially used periods.

6. Prohibited Conduct

You agree not to:

  • Use Yonoma to send unsolicited emails (spam).
  • Violate any laws, regulations, or guidelines, including but not limited to CAN-SPAM, GDPR, and CCPA.
  • Use our service for harmful activities such as phishing, fraud, or malware distribution.
  • Interfere with or disrupt the integrity or performance of Yonoma.

7. Intellectual Property

All content, trademarks, and intellectual property related to Yonoma are owned by TwinArcus Inc. or its licensors. You may not use, copy, or modify any part of the platform without express permission.

8. Termination

We may suspend or terminate your account at our discretion if you:

  • Breach these Terms of Service.
  • Engage in any unlawful or prohibited activities using Yonoma. You may also terminate your account by contacting us. Upon termination, you will lose access to the platform, but any fees already paid are non-refundable.

9. Disclaimer of Warranties

Yonoma is provided "as is" and "as available." TwinArcus Inc. makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the service will be uninterrupted or error-free.

10. Limitation of Liability

To the fullest extent permitted by law, TwinArcus Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of Yonoma. This includes, but is not limited to, loss of data, profits, or goodwill, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless TwinArcus Inc., its officers, employees, and affiliates from any claims, liabilities, damages, or expenses arising out of your use of Yonoma, your violation of these terms, or your infringement of any third-party rights.

12. Modifications to the Terms

We reserve the right to modify these Terms of Service at any time. If we make material changes, we will notify you by email or through a notice on the platform. Your continued use of Yonoma after such changes constitutes acceptance of the revised terms.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

14. Dispute Resolution

Any disputes arising under these terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), and any arbitration will take place in the State of Delaware, unless otherwise agreed.

15. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at [email protected] . We are here to assist you.