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YacDaddy Terms and Conditions

YacDaddy Terms and Conditions

Last updated August 27, 2025

PLEASE CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING THE SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

YacDaddy Inc. (“YacDaddy,” “we,” “us,” or “our”) welcomes you to our website (the “Site”) and to our applications, platforms, services, and other offerings (“Services”).

Your use of the Services is governed by these Terms of Service (these “Terms”). By accessing or using the Services in any manner, you acknowledge and agree that you are legally bound by these Terms, together with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Services.

Acceptance of these Terms is required before you may use the Services:

  • Website Acceptance: By completing and submitting any registration or order form through our Site, you consent to these Terms.
  • In-App Acceptance: Within the YacDaddy App, the full Terms are displayed. By clicking “Agree and Continue,” you provide binding consent to these Terms.

We record and maintain evidence of your acceptance, including your account information, IP address, device identifier, the version of the Terms accepted, and the date and time of acceptance. You may not access or use the Services unless and until you accept these Terms.

Modifications to the Terms

We may modify these Terms at any time. Changes become effective when we post the modified Terms to the Services. We may also provide notice of changes by email, in-app message, or other reasonable means. The “Last Updated” date will reflect the most recent revision.

Re-acceptance Required. For any material change, the YacDaddy App will display the full updated Terms and require you to click “Agree and Continue” before you may continue using the Services. We record your acceptance (including account identifier, IP address, device identifier, the version of the Terms accepted, and timestamp).

Current Version Controls. Each time you use the Services, the then-current version of the Terms applies. If you do not agree to the updated Terms, you must stop using the Services and, where applicable, cancel any active subscriptions as described in the “Payment Terms” section. Until you accept the updated Terms, your access to the Services may be suspended.

Pre-Existing Matters. For disputes or claims that accrued before a revision, the version of the Terms in effect when the dispute or claim arose will govern that dispute or claim.

Agreement to Arbitrate and Waiver of Class Action and Jury Trial

THIS AGREEMENT INCLUDES A MANDATORY MUTUAL ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). UNDER THAT ARBITRATION AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND YACDADDY WILL BE RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A COURT PROCEEDING, AND THE RIGHT TO A JURY TRIAL. SEE THE SECTION OF THESE TERMS TITLED “MANDATORY DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER AND JURY TRIAL WAIVER” FOR MORE INFORMATION.

Cookies, Pixels, Session Replay and Other Tracking Technologies

We may use cookies, web beacons/pixels, session-replay scripts, software development kits (SDKs), and similar technologies—including third-party tools—(collectively, “AdTech”) on the Services.

We use AdTech to (i) recognize you and your device; (ii) collect and perform analytics about how you interact with the Services and content (for example, mouse movements, clicks, pages viewed, time on page, text you type, and other user activities); (iii) improve functionality, performance, and security; and (iv) deliver, measure, and improve advertising, including targeted advertising.

By visiting or using the Services, you consent to our use of AdTech and you understand and agree that we may share Personal Information derived from AdTech with our AdTech partners for the purposes described above. For more information about the data we collect through AdTech, how we use and share it, and choices you may have (including certain opt-outs), please see our Privacy Policy.

Your browser or device settings may allow you to block or delete cookies; however, doing so may impact the availability and functionality of the Services. For more information about how we use AdTech, please see our privacy policy.

Eligibility

When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.

You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

Privacy Policy & Data Protection

We collect and process certain personal information when you use the Services. We will handle that information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you acknowledge and consent to the collection, use, disclosure, and retention of personal information as described in our Privacy Policy, including processing in the United States (and other locations where we or our service providers operate).

If you are registering or administering a Company account, you are responsible for providing any notices and obtaining any consents from your Users or other data subjects as may be required under applicable law for your use of the Services.

We do not maintain a separate data processing addendum at this time; our data handling practices are governed by our Privacy Policy.

SEO and GMB/GBP Services

By using our SEO and Google Business Profile (GBP) services, you expressly agree that: (1) we are not liable for any changes in ranking, loss of ranking, or loss of leads or revenue resulting from changes in search engine algorithms, actions taken by search engines, or any other factors outside our control; (2) we provide SEO services based on publicly available search engine documentation and best practices, but we do not control or influence search engines’ algorithms or policies; (3) you will indemnify and hold us harmless against any and all liability arising from, attributable to, or in connection with the use of our SEO or GBP services, including any claim for lost rankings, leads, or revenue.

Website Design Services

By using our website design services, you agree that: (1) upon full payment, you own the specific website content, graphics, and files that we deliver to you (the “Delivered Materials”); (2) ownership does not extend to underlying frameworks, software, plugins, licensed fonts, stock photography, third-party media, or other components used to build or support the website, which remain the property of their respective owners and/or licensors; (3) you will indemnify and hold us harmless against any and all liability arising from, attributable to, or in connection with the content, images, or any material used on your website, including any claim for infringement of third-party rights; (4) we reserve the right to showcase screenshots or representations of designs created by us in our portfolio and marketing materials, provided such use does not disclose confidential business information.

Website Hosting Services

By using our hosting services, you agree that: (1) we provide hosting on an “as-is” and “as-available” basis and do not guarantee uninterrupted uptime, performance, or security; (2) you are ultimately responsible for maintaining your own backups of website content and data; (3) while we may, at our discretion, take or store backups of your website as part of our service, we are not legally obligated to create, maintain, or retain such backups on any regular schedule, nor are we responsible for restoring data unless expressly included in your hosting plan; (4) we may perform routine maintenance, updates, or migrations that may cause temporary downtime; (5) we are not liable for data loss, service interruptions, or security breaches beyond our reasonable control.

Phone Numbers, Call Tracking & SMS Services

By using our phone number provisioning, call tracking, and SMS services, you expressly agree that: (1) all phone numbers provisioned or verified under your account, including tracking numbers and A2P 10DLC registrations, remain the property of YacDaddy and may be reclaimed upon cancellation; (2) we may, but are not obligated to, sell numbers back to you at our discretion; (3) we are not liable for missed business opportunities, calls, or messages resulting from use of tracking numbers or SMS campaigns; (4) you are solely responsible for compliance with all applicable communications laws, including obtaining proper consent from recipients before sending SMS or other communications.

Account Optimizations and Support Services

By using our account optimization and support services, you expressly agree that: (1) these services may include, but are not limited to, Google Business Profile (GMB) optimizations, website content or design changes, social media account management, and other adjustments we make in connection with YacDaddy Services; (2) we are not liable for the security of your accounts, including but not limited to login credentials, unauthorized access, or misuse by third parties; (3) we do not guarantee or warrant GMB rankings, website rankings, social media performance, or business outcomes of any kind; (4) we are not liable for any lost business, revenue, or opportunities resulting from changes requested by you or implemented by us as part of support or optimization services.

Intellectual Property Rights

Ownership. YacDaddy Inc. (“YacDaddy”) is the sole and exclusive owner of the Services. The Services, and all content made available through the Services—including without limitation text, graphics, interfaces, computer code, documentation, logos, product and feature names, software, data, music, sound, photographs, videos, call and screen recordings, reports, and the design, selection, and arrangement thereof (collectively, “Content”)—are protected by copyright, trade secret, and other intellectual property and proprietary rights laws. References on the Services to third-party names, marks, or copyrighted materials are the property of their respective owners.

No Implied Licenses. Except for the limited license expressly granted below, nothing in these Terms or in the Services grants you any license or right, whether by implication, estoppel, or otherwise, in or to the Content or any intellectual property rights of YacDaddy or any third party. All rights not expressly granted are reserved.

Limited License. Subject to your continued compliance with these Terms, YacDaddy grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to download and temporarily store copies of Content on your device or cloud storage solely as reasonably necessary to view and use the Services for your internal business purposes. You must not remove, alter, or obscure any copyright, proprietary, or other notices on or in the Content.

Restrictions. You shall not (and shall not permit any third party to): copy (except as permitted above), reproduce, publicly display, publicly perform, publish, transmit, distribute, mirror, frame, scrape, data-mine, modify, translate, adapt, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Services or Content; use the Services or Content for any competitive or training-data purpose; or use any branding, trade dress, or other source-identifiers of YacDaddy without our prior written permission.

Third-Party Materials. The Services may include or interoperate with third-party materials or open-source components. Such materials remain the property of their respective owners and may be subject to separate terms. You agree to comply with any such third-party terms that apply.

For notices concerning alleged infringement, please see the section titled “Copyright Infringements (DMCA Policy).”

Account Registration & Account Types

In order to access and use certain features of the Services, you will be required to register for an account (an “Account”). As part of the registration process, you must provide accurate, current, and complete information and agree to update such information as necessary to maintain its accuracy. You will also be asked to establish unique login credentials (“Login Information”). You are responsible for maintaining the confidentiality of your Login Information and for all activities that occur under your Account. You agree not to transfer, share, or disclose your Login Information to any third party except an individual expressly authorized by you to act on your behalf. If you suspect unauthorized use of your Account, you must notify us immediately at james@yacdaddy.com or by phone at (743) 233-9922. We reserve the right to discontinue or suspend the Services, including by terminating your Account, at any time pursuant to these Terms.

Accounts are divided into two primary categories: (1) Company Accounts and (2) User Accounts.

  • Company Accounts. A Company Account is registered on behalf of a business, organization, or other entity (a “Company”). The individual who creates the Company Account (the “Company Owner”) has full administrative control and ownership of the Company Account, including all settings, billing plans, and Company data associated with that Account. The Company Owner may grant access to additional authorized individuals (“Company Users”), subject to the limits of the applicable plan. Each Company User must have their own Login Information; shared credentials are prohibited. The Company Owner is solely responsible for all activity conducted under the Company Account by any Company Users. Except for the Company Owner, no other person has any ownership claim over the Company Account, its data, its plan, or the Services associated with it. For clarity, ownership described in this paragraph pertains to the Company Account and its data as between users of that Company Account; it does not convey any ownership in or to the Services themselves, which are owned by YacDaddy.
  • User Accounts. A User Account is created by an individual for personal use or to access a Company Account. If you are invited to join a Company Account as a Company User, you acknowledge and agree that (i) your access and any data you contribute in connection with that Company Account may be viewed, managed, exported, or revoked by the Company Owner at any time; and (ii) any content or data you contribute in connection with that Company Account shall be deemed the property of the Company (acting through the Company Owner). You retain no independent ownership rights in your User Account or contributed data if it is linked to a Company Account.
  • Prohibited Account Sharing. Each User Account must be tied to a single natural person. Sharing one User Account among multiple individuals is strictly prohibited and constitutes a material breach of these Terms, for which YacDaddy may suspend or terminate the affected Accounts.
  • No Ownership Rights in the Services. Except as expressly provided herein with respect to the Company Owner’s ownership of the Company Account and its associated data as between users of that Account, you acknowledge that you acquire no ownership interest in the Services, software, or related intellectual property. Your rights are limited to the permissions expressly granted by these Terms.

Permitted Uses

You are authorized to access the Services for the sole purpose of viewing and using the Services on your computer or device. If you fail to abide by these Terms, we may suspend or terminate your access to the Services and pursue any legal remedies, including actions to protect our intellectual property rights and the rights of others. When using the Services and any related content (“Content”), you must comply with the following:

  • No Violation of Law. You may not use the Services for any unlawful or unauthorized purpose. You must comply with all laws, rules, and regulations applicable to your use of the Services and your User Content (defined elsewhere in these Terms), including copyright and data protection laws.
  • No Copying or Republication. You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Services or any Content.
  • No Unauthorized Sharing. You may not use or disclose information shared with you by another user or account owner except as permitted within the Services or with the permission of the information owner.
  • No Scraping. You may not use any robot, spider, crawler, data mining, or similar tool, whether automated or manual, to access, extract, monitor, or copy the Services or their Content without our prior written consent.
  • No Linking or Framing Without Permission. You may not link to, frame, or mirror any pages of the Services or any Content except as expressly authorized in writing by YacDaddy.
  • No Inappropriate Content. You may not submit materials that are vulgar, profane, abusive, hateful, pornographic, or otherwise objectionable; that include slurs or bigotry; or that are inappropriate for minors.
  • Limits on User Content. You may not submit User Content that is harassing, defamatory, threatening, disparaging, false, misleading, deceptive, fraudulent, inaccurate, or unfair; that violates privacy or publicity rights; or that includes copyrighted materials without the copyright owner’s permission.
  • Respect Intellectual Property. Do not infringe the intellectual property rights of YacDaddy or any third party in your use of the Services, the Content, or when providing User Content.
  • No Use for AI Training or Similar. You may not use any part of the Services or Content to train, develop, or improve any machine learning models, large language models, generative AI tools, datasets, or automated decision-making systems.
  • Protect Personal Information. Do not disclose any person’s Personal Information or image without that person’s prior written consent. Do not post Personal Information or the likeness of a minor.
  • No Harmful Behavior. Do not submit inaccurate information, commit fraud, or act in ways that harm YacDaddy, our employees, or our customers. Do not interfere with another person’s use of the Services or use the Services for spam, chain letters, political or religious advocacy, or similar mass communications.
  • No Impersonation. You may not impersonate or attempt to impersonate any person or entity in connection with the Services or any purchase.
  • No Commercialization. You may not advertise, promote, or offer to sell goods or services using the Services or the Content, or use the Services or Content to create a competing product or service.
  • No Assignment of Accounts. You may not sell, assign, or otherwise transfer your Account.
  • No Interference. Do not attempt to disable, damage, or alter the Services, their functionality, or appearance. Do not attempt to access our network, infrastructure, or any other account without authorization.
  • No Hacking or Malware. You may not attempt to gain unauthorized access to other systems; upload or transmit malware, viruses, worms, ransomware, or other harmful code; or otherwise disrupt the security or functionality of the Services or connected networks.

YacDaddy will cooperate with law enforcement if you are suspected of violating applicable laws in connection with your use of the Services or the submission of User Content. You waive and hold YacDaddy harmless for any cooperation with, or disclosure of your information to, law enforcement relating to suspected violations of law.

Third-Party Sites

The Site may contain links to third-party applications or websites that we do not operate, control, or maintain (“Third-Party Sites”). We do not endorse any Third-Party Sites and make no representations or warranties regarding them. Links to Third-Party Sites are provided solely as a convenience. If you access any Third-Party Sites, you do so entirely at your own risk and you waive any and all claims against YacDaddy arising from or relating to such Third-Party Sites or our links thereto.

Usage Data

You agree that YacDaddy has the right to collect and analyze usage data and other information relating to the provision, use, and performance of the Services and related systems (for example, anonymous or aggregated information concerning user behavior and use of the Services) (“Usage Data”). We use such Usage Data to (i) operate, maintain, improve, enhance, and secure the Services and our other offerings, and (ii) disclose such Usage Data in aggregate or other de-identified form in connection with our business.

User Content

The Services may allow you or your Company to provide descriptions, content, data, media, or other materials for use within the YacDaddy platform (“User Content”). In certain cases, YacDaddy may process or generate additional content through artificial intelligence or other automated technologies based on the User Content you supply, and—where enabled by you—may publish such content to your websites, social media accounts, business listings, or other connected destinations as part of the Services.

By submitting User Content, you represent and warrant that:

  • (i) you own or have the necessary rights, licenses, and permissions to submit and share the User Content;
  • (ii) the submission, processing, publication, or distribution of the User Content (including any AI-generated or otherwise derived content) does not infringe or violate the rights of any person or entity, including intellectual property, privacy, publicity, or contractual rights;
  • (iii) you have no agreements with or obligations to any third party that would restrict your use of the Services or YacDaddy’s processing of the User Content; and
  • (iv) all information you provide is accurate, current, and not misleading.

You acknowledge and agree that:

  • YacDaddy may, in its sole discretion, remove, refuse, or edit any User Content at any time without notice.
  • You must not include personal information about yourself or others in User Content unless specifically requested or required by YacDaddy.
  • By submitting User Content, you grant YacDaddy a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, fully paid, sublicensable, and fully transferable license to use, reproduce, modify, adapt, create derivative works from (including via AI and other automated tools), commercialize, publish, distribute, and otherwise exploit such User Content for any purpose related to operating, providing, improving, or promoting the Services.
  • YacDaddy is not required to provide notice, attribution, or payment for the use of User Content or derivative works generated by the Services, unless expressly required by applicable law.

User Content Disclaimer

User Content (and any outputs generated from it) reflects the views of the submitting user and not necessarily the views of YacDaddy. We do not endorse User Content. We do not guarantee the accuracy, quality, legality, or reliability of any User Content or AI-generated content, and we will not be liable to you or any third party for any actions taken or not taken based on such content, including its creation, publication, use, distribution, or interpretation by third parties.

Feedback

You may be asked to provide feedback on the Services or the Platform, whether by a survey, support ticket, submitting a feature request, or by giving a written testimonial (“Feedback”). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functionality or comments, questions, or other suggestions. If you choose to give such Feedback, you agree that all such Feedback shall belong entirely to us, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such Feedback, and you hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution (subject to our obligations to protect your privacy) or compensation to the provider.

Use of Data

By using the Services, you acknowledge and agree that YacDaddy may collect, analyze, and publicly reference your business performance data derived from use of the platform (including, without limitation, revenue figures, lead counts, analytics data, and other account performance metrics). You grant YacDaddy a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use such data — including attribution to your business name, brand, and business owner identity — for case studies, marketing materials, testimonials, advertising, and promotional content, without the need for further approval or compensation.

To anonymize your business data in YacDaddy’s marketing materials, you may submit a written request to YacDaddy. Upon receipt of such request, YacDaddy will anonymize future marketing content that references your business; however, previously published materials may continue to be used.

Copyright Infringement (DMCA Policy)

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides a complaint procedure for copyright owners who believe that material posted online or in an app infringes their rights under U.S. copyright law.

If you believe in good faith that your work has been improperly copied and posted, please provide us with a written notice that includes all of the following:

  • Your contact information and signature: Your name, postal address, telephone number, email address, and an electronic or physical signature of the copyright owner or the person authorized to act on the owner’s behalf.
  • Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed (e.g., title, author, registration number, or a copy of the work).
  • Identification of the infringing material: A description of where the material that you claim is infringing is located in the Services (e.g., specific URL(s), screenshots, or other precise location information sufficient for us to locate the material).
  • Good-faith statement: A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Accuracy and authority statement: A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Send DMCA notices to:

Email: james@yacdaddy.com

Please note that we will not process your complaint if it is incomplete or improperly submitted. You may be liable for damages, including costs and attorneys’ fees, if you knowingly misrepresent that material or activity is infringing. We recommend consulting your legal advisor before filing a DMCA notice.

Warranty Disclaimer

AS-IS / AS-AVAILABLE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YACDADDY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Guarantees. WITHOUT LIMITATION, YACDADDY DOES NOT WARRANT THAT THE SERVICES, CONTENT, OR USER CONTENT WILL (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) BE CORRECTED OF ALL DEFECTS; OR (D) REMAIN AVAILABLE, INCLUDING THE CONTINUED AVAILABILITY OF ANY STORED USER CONTENT.

Downloads & Data. ANY CONTENT OR USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS OR YOUR USE OF THE SERVICES.

AdTech & Chat. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF FORM SUBMISSIONS OR ADVERTISING/ANALYTICS TECHNOLOGIES (“ADTECH”), INCLUDING SESSION REPLAY OR OTHER TRACKING TECHNOLOGIES.

Mandatory Dispute Resolution and Agreement to Arbitrate; Class Action Waiver and Jury Trial Waiver

Waiver of Rights

PLEASE READ CAREFULLY. THIS SECTION REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS. IT COVERS ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES (“Dispute”), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEPT THAT:

  • Disputes within the jurisdictional limits of an appropriate small claims court may be brought in that court on an individual basis; and
  • Actions seeking to enjoin infringement or other misuse of intellectual property rights may be brought in any court of competent jurisdiction.

EACH PARTY MAY PROCEED ONLY IN ITS INDIVIDUAL CAPACITY—NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION.

Good-Faith Negotiations

Before initiating arbitration, either party may attempt to resolve any Dispute through good-faith negotiations. The complaining party must send a written notice describing the Dispute and requested relief (“Dispute Notice”). Within 30 days of delivery, the parties will meet virtually to discuss resolution. Neither party may initiate arbitration (or litigation, where permitted above) during this 30-day period, except to seek injunctive or other equitable relief. If not resolved within 60 days after the Dispute Notice, either party may commence individual arbitration as set forth below.

Mutual Arbitration Agreement

Arbitration Requirement. Any Dispute not resolved by negotiation must be resolved by binding, individual arbitration before a single arbitrator.

Scope of the Arbitrator’s Authority

The arbitrator will decide all issues necessary to resolve the Dispute, except that a court—not the arbitrator—will decide: (a) issues expressly reserved to courts in these Terms; (b) the scope, validity, and enforceability of this Arbitration Agreement, the class action waiver, or jury trial waiver; (c) whether a Dispute is arbitrable; (d) any statute-of-limitations defenses or contractual filing deadlines; and (e) whether a demand for arbitration was authorized by a party.

Final and Binding Decision

The arbitrator’s decision is final and binding, with no precedential effect. The arbitrator has no authority to award relief beyond what these Terms allow. Any award may be entered in any court of competent jurisdiction. No arbitration may be consolidated with another proceeding, and class, collective, representative, or mass arbitrations are prohibited except as expressly provided below.

Governing Law; FAA

This Arbitration Agreement evidences a transaction involving interstate commerce; therefore, the Federal Arbitration Act (9 U.S.C. §§ 1–16) governs its interpretation and enforcement. Except as preempted by the FAA, North Carolina law applies to the extent relevant.

Confidentiality

All filings, orders, awards, and proceedings in any arbitration are confidential and may not be disclosed to third parties except as required by law or to enforce an award in court.

AAA Administration

Arbitrations shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Supplementary Rules for Multiple Case Filings (the “AAA Rules”), as applicable. See adr.org for information. If the arbitrator finds your arbitration costs would be prohibitive compared to court, YacDaddy will pay the portion of your filing and arbitrator fees the arbitrator deems necessary to avoid prohibitive cost. AAA retains discretion to reduce fees; a good-faith fee challenge is not a breach of this Agreement.

Mass Arbitration Procedures

If 25 or more similar arbitration demands (asserting the same or substantially similar claims and seeking the same or substantially similar relief) are filed against either party with the assistance or coordination of the same law firm(s) or entity(ies) (a “Mass Filing”), the parties agree to the following batching process:

  1. Batches of 10 demands will be filed, processed, and adjudicated at a time, with one arbitrator per batch.
  2. No additional demands in the Mass Filing may proceed until the prior batch is resolved.
  3. Fees associated with a given demand become due only when that demand is placed into a designated batch.
  4. The parties will work in good faith to resolve each batch within 180 days. If unresolved, any party may cease arbitration and file in a court of competent jurisdiction as provided below.

AAA may appoint a procedural arbitrator to implement efficient procedures and combined reduced fees per batch. No provision herein authorizes class arbitration. If this batching provision is found invalid, unenforceable, or illegal, this Arbitration section is void, and Disputes will proceed in court as provided below.

Mediation Following First Batch

After the first batch award(s), the results will be provided to an AAA mediator selected from a list proposed by AAA. The parties will have 90 days to attempt a global resolution or methodology to resolve remaining demands. If no resolution is reached, either party may opt out of arbitration and proceed in state or federal court in Guilford County, North Carolina, upon written notice within 60 days after the mediation period ends. If neither party opts out, batching continues.

Location and Manner of Arbitration

Preliminary hearings may occur by phone or video. For claims seeking $10,000 or less, arbitration will proceed by teleconference and/or written submissions unless you request an in-person hearing. For claims over $10,000, any in-person hearing will occur in Guilford County, North Carolina, unless all parties agree otherwise in writing.

Opt-Out

You may opt out of this Arbitration Agreement within 45 days of your first use of the Services by sending written notice titled “Request to Opt Out of Arbitration Agreement” to:

YacDaddy Inc., Attn: Legal – Arbitration Opt-Out
6104 Gwynedd Rd, Summerfield, NC 27358, USA
Email: james@yacdaddy.com

Opting out of this Arbitration Agreement does not opt you out of any other arbitration agreement you may have with us. The class action and jury trial waivers below will still apply unless prohibited by law.

Modification of Arbitration Terms

If we modify this Arbitration Agreement, you may reject the change by sending us written notice within 30 days of our posting the change; we will then terminate your account and you must stop using the Services.

Applicable Law

North Carolina law governs any arbitration under these Terms to the extent not preempted by the FAA.

Enforceability

If any portion of this Arbitration Agreement—including the class action waiver—is deemed invalid or unenforceable, neither party may compel arbitration of Disputes under these Terms; instead, Disputes will be resolved in court as provided below.

Waiver of Jury Trial & Class Actions

THE PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, ELECTING INSTEAD TO ARBITRATE ON AN INDIVIDUAL BASIS. IN ANY LITIGATION PERMITTED UNDER THIS SECTION (INCLUDING TO ENFORCE AN ARBITRATION AWARD), THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION, AND, TO THE EXTENT PERMITTED BY LAW, CLAIMS OF MULTIPLE USERS MAY NOT BE JOINED OR CONSOLIDATED.

Court Venue if Not Arbitrated

To the extent a Dispute proceeds in court (including as permitted in small claims court or under the “Enforceability” or “Mass Arbitration” provisions above), the exclusive jurisdiction and venue shall be the state or federal courts located in Guilford County, North Carolina. Each party consents to the personal jurisdiction of such courts.

Limitation of Liability

You understand and agree that any liability of YacDaddy Inc. and its employees, officers, directors, agents, service providers, and professional advisors (collectively, “Agents”) to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in the aggregate for all claims, $100. Without limiting the preceding sentence, in no event shall we or any of our Agents be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with these Terms.

This includes, without limitation:

  • Any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages;
  • Any damage to, or malware that may infect, your devices or other property resulting from your use of the Services or your access to, use of, browsing of, or downloading of any Content or User Content from the Services;
  • Any Content available on or through the Services or any third-party websites or other services linked to or integrated with the Services; or
  • Any losses or damages arising from the use of online chat features or AdTech on the Services, including cookies, session replay technology, targeted advertising, or other analytics technologies.

The above limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and whether arising from (1) your use of, or inability to use, the Services; (2) your use of, or inability to use, items or services purchased through the Services; or (3) the cost of procurement of substitute goods or services, even if we or our Agents have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such laws apply, the foregoing exclusions and limitations shall apply to the maximum extent permitted by law. These limitations are a fundamental allocation of risk between you and YacDaddy and shall survive termination or expiration of these Terms.

Terms Applicable to New Jersey Customers

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. YacDaddy Inc. reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Indemnification

You agree to indemnify and hold harmless YacDaddy Inc. and our employees, officers, directors, agents, service providers, and professional advisors (collectively, “Agents”) from and against any loss, liability, claim, dispute, demand, damages, and costs of any kind, whether direct, indirect, or consequential, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Services or Content in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us with counsel subject to our reasonable approval and subject to our right to participate with counsel of our own choosing.

Venue and Governing Law

These Terms are governed by the laws of the State of North Carolina, without giving effect to conflicts of law principles. Subject to the dispute resolution provisions of these Terms, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Guilford County, North Carolina, in circumstances where these Terms permit litigation in court. We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, such failure does not constitute a waiver of that provision or any other provision. If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.

Special Terms for Apps Distributed Through the Apple App Store or Google Play Store

Acknowledgement

Our Services and certain Content may be available through the Apple App Store or Google Play (collectively, the “Apps”). You understand that these Terms are between you and YacDaddy Inc., and not with Apple Inc. or Google LLC (each, an “App Distributor”). YacDaddy, not the App Distributor, is solely responsible for the Services and their Content. If the rules and restrictions in these Terms conflict with the applicable App Distributor’s terms, the App Distributor’s terms shall control for your use of the Apps.

Scope of License

The licenses granted to you for the Services are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.

Maintenance and Support

YacDaddy is solely responsible for providing any Services maintenance, and the App Distributor has no obligation to furnish maintenance or support for the Apps.

Warranty

YacDaddy is solely responsible for any product warranties, to the extent not disclaimed in these Terms. If the Services fail to conform to any applicable warranty, you may notify the App Distributor and, in accordance with its terms and policies, the App Distributor may refund the purchase price, if any, paid for the Apps. To the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation with respect to the Apps; any other claims attributable to a failure to conform to any warranty are YacDaddy’s sole responsibility.

Product Claims

You and YacDaddy acknowledge that YacDaddy, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Services, including any (1) product liability claims; (2) claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claim arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights

YacDaddy, not the App Distributor, is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services. You must comply with applicable App Distributor terms when using the Services.

Third-Party Beneficiary

You agree that the App Distributors, and their subsidiaries, are third-party beneficiaries to these Terms as applicable to the Apps. Upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Miscellaneous

Electronic Signatures and Notices

Certain activities on the Services may require you to make an electronic signature. You understand and agree that an electronic signature has the same legal force and effect as a physical signature. If you have an Account, we may provide you any required notices electronically through your Account, by email, or by posting to the Services. You are responsible for any carrier or delivery fees charged to you as a result of receiving electronic notices.

Electronic Communications

You represent that any contact information you provide to us (including mailing address, email address, and telephone number) is true and accurate. You verify that you are the telephone subscriber and/or own any telephone numbers you provide. If you change or deactivate a phone number associated with your Account, you agree to update your Account to prevent us from inadvertently communicating with someone who acquires your old number. Standard carrier message and data rates may apply to text messages we send; YacDaddy is not responsible for these charges.

We may send you transactional communications regarding your Account, the Services, updates to these Terms or our Privacy Policy, or YacDaddy news and industry developments. With your express written consent, we may send you marketing communications via SMS. To opt out of promotional emails, use the unsubscribe link in the email. To opt out of promotional, operational, or transactional calls or text messages, update your preferences in your Account or reply “STOP” to a text message. You are not required to consent to receive promotional texts or calls as a condition of using the Services; however, opting out of certain communications may impact your use of the Services.

Assignment

YacDaddy may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party at our discretion. You may not assign these Terms without our prior written consent.

Termination of the Services

We reserve the right to make any changes to the Services in any manner and to deny or terminate your access to the Services, even if you have an Account, in our sole discretion and consistent with these Terms.

No Waivers

Unless modified in a writing signed by both parties, these Terms (including any warranty terms, conditions, and limitations herein) are the complete and exclusive agreement between the parties regarding the Services, superseding all prior or contemporaneous agreements and representations, oral or written, related to the subject matter. No employee of YacDaddy or any other party (including distributors, dealers, and retailers) is authorized to make any warranty or modification in addition to what is stated herein.

Severance

If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that part shall be severed and the remainder shall continue in full force and effect.

Contact Us

If you have any questions about the Services or these Terms, please contact us at james@yacdaddy.com or (743) 233-9922, or by mail at:
6104 Gwynedd Rd, Summerfield, NC 27358