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Terms of Service

Last updated 16 October 2026

These Terms of Service are a binding agreement between you and Yapper. By creating an account, clicking “I agree”, buying anything, or otherwise using Yapper, you accept them. If you don’t agree, don’t use Yapper.

IMPORTANT NOTICE FOR USERS IN THE UNITED STATES: SECTION 21 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. YOU CAN OPT OUT WITHIN 30 DAYS (SECTION 21.6).

1. About these Terms

These Terms, together with our Community Guidelines (yapper.website/guidelines), our Privacy Policy (yapper.website/privacy) and the developer documentation (yapper.website/developers) (for bots), make up the whole agreement between you and us (the “Terms”). If they conflict, these Terms win, except that the Privacy Policy controls how we handle personal data.

“Yapper” or the “Service” means the website at yapper.website, our apps, the bot API and everything we offer through them. “Content” means anything posted, uploaded, sent or shared on Yapper, including messages, images, video, files, emojis, stickers, voice, profile details and server names.

Nothing in these Terms takes away rights you have by law that cannot be waived by contract, such as consumer rights in the country where you live. Where these Terms say “to the extent permitted by law”, that is what we mean.

2. Who we are

Yapper is run by Antic (David), an independent developer based in the European Union (“we”, “us”, “our”).

Contact for everything, including legal notices, reports, appeals and refunds: hello@yapper.website. This address is also our single point of contact for users, authorities and the European Commission under the EU Digital Services Act (“DSA”). We communicate in English.

3. Who can use Yapper

  • You must be at least 13 years old. If the law where you live sets a higher minimum age for using an online service like Yapper on your own (for example 14, 15 or 16 in some EU countries), you must meet that age or have your parent or legal guardian’s permission. We may ask you to confirm your age, or your parent or guardian to confirm their permission, and may limit or close an account until we get it.
  • If you are under 18, or under the age of majority where you live, your parent or guardian must agree to these Terms for you and is responsible for your use of Yapper, including any purchases.
  • You can’t use Yapper if we have previously banned you, if you are barred from receiving services under the laws that apply to you, or if you are located in, or ordinarily resident in, a country or region under comprehensive EU, UN, UK or US sanctions, or are on any government list of restricted parties.
  • If we learn that a child under 13 has an account, we will delete it. Parents can tell us at hello@yapper.website.

4. Your account

  • Give accurate information, use an email address you control, and keep your password and login sessions private. Never share your password, login codes or the contents of your browser’s storage with anyone. Yapper staff will never ask for them.
  • You are responsible for everything done through your account, unless it happened because of our failure. Tell us right away at hello@yapper.website if you think someone else got in.
  • You may hold more than one account, but not to evade a ban, timeout or limit, to manipulate votes, reactions, rankings or member counts, or to impersonate anyone.
  • Accounts, usernames, servers, badges and roles are not your property. You may not sell, rent, trade or transfer them, or buy them from anyone else. We may change or reclaim usernames, vanity names, server names or badges that are misleading, infringe someone’s rights, impersonate staff, or have been inactive for a long time.
  • You can delete your account at any time in User Settings → My Account.

5. Your Content

5.1 You own it

You keep all rights you have in Content you post. We don’t claim ownership.

5.2 The licence you give us

So we can run Yapper, you give us a worldwide, non-exclusive, royalty-free, transferable (only together with the Service) and sublicensable (only to the providers that help us run the Service) licence to host, store, copy, process, transmit, cache, adapt for technical purposes (such as resizing images or transcoding video) and display your Content, only to operate, secure, provide, improve and enforce the rules of Yapper, and to show it to the people you share it with.

This licence ends when your Content is deleted, except: (a) copies in backups, which expire on the schedule in our Privacy Policy; (b) Content that other people have already copied, quoted, forwarded or replied to, which we don’t remove from their copies; and (c) where we must keep it to comply with the law, handle a report or dispute, or protect people’s safety.

In particular, when Content or an account is reported, removed or under investigation, we may keep the Content, related messages, IP addresses, device and session logs, payment records and other account information after it is deleted, for as long as needed to report it to authorities, respond to a legal request or preservation order, or protect people. For child sexual abuse material and similar serious offences this is at least one year, or longer if the law or an authority requires it.

5.3 Your promises about Content

You promise that you have all rights needed to post your Content and to give us the licence above, and that your Content and your use of Yapper comply with these Terms and the law. Don’t post anything you don’t have the right to share.

5.4 Public and private spaces

Content in a server that is listed on Discovery, or that anyone with an invite link can join, may be seen by anyone. Direct messages and group chats are visible to their members. Messages on Yapper are encrypted in transit but are not end-to-end encrypted, so don’t use Yapper for information that must stay strictly secret.

5.5 Automated checks of Content

To keep Yapper safe and working, Content you send or upload, including direct messages, group chats and files, is processed and checked by automated systems on our servers and our providers’ servers. These checks look for things like spam, scam and phishing links, malware, sexual or abusive images, child sexual abuse material and ban evasion, and may block, hide or flag Content for human review. By using Yapper you agree to this processing. Our Privacy Policy explains it in more detail. Staff only look at private Content when it has been reported, flagged by these checks, or when we need to for safety, security or a legal obligation.

5.6 Responsibility for Content

People don’t review Content before it is posted, and apart from the automated checks in 5.5 we have no general obligation to monitor it. Content is the responsibility of the person who posted it. We are not responsible for Content posted by others, and the views in it are not ours.

5.7 Feedback

If you send us ideas, suggestions or bug reports, we may use them freely without owing you anything. Bug report rewards, badges or other recognition are given at our discretion and have no cash value.

6. What you must not do

Follow the Community Guidelines (yapper.website/guidelines) and the law. In particular, you must not use Yapper to post, share, promote or do any of the following:

  • Anything illegal where you live or where we are, or that helps someone else break the law.
  • Child sexual abuse material, or any Content that sexualises minors, grooming, or sexual contact with anyone under 18. We report this to the authorities and to organisations such as NCMEC, and permanently ban the accounts involved.
  • Sexual or pornographic Content, or sexually explicit messages to people who haven’t asked for them. Intimate images of anyone shared without their consent, including fake or AI-generated ones.
  • Sex trafficking, prostitution, escort or other paid sexual services, or anything that advertises, arranges or helps them, including in direct messages.
  • Harassment, bullying, threats, intimidation, stalking, hate speech or attacks on people based on protected characteristics, or encouraging others to do any of these.
  • Promoting or glorifying violence, terrorism or violent extremism, or encouraging suicide, self-harm or eating disorders.
  • Sharing someone’s private information (doxxing), or recording, publishing or monitoring people without their consent where the law requires it.
  • Impersonating any person, organisation, server, bot or Yapper staff, or falsely claiming to be official, verified or affiliated with us.
  • Scams, phishing, fraud, fake giveaways, account or currency trading, pyramid schemes, or links designed to steal accounts or money.
  • Spam: unsolicited advertising, mass or repeated messages, mass friend requests or invites, or artificially inflating members, reactions, votes or rankings.
  • Malware, viruses, exploits or any harmful code or files.
  • Selling, buying, promoting or arranging illegal or regulated goods and services, such as drugs, weapons, counterfeit goods, stolen data or accounts, or unlicensed gambling, including running a server or direct messages to coordinate trades or deliveries even if payment happens somewhere else.
  • Unlicensed gambling, casino or betting referrals, crypto giveaways or “investment” schemes, or other financial schemes that promise money or prizes.
  • Paying for anything on Yapper with a card or account that isn’t yours or that you aren’t allowed to use.
  • Infringing anyone’s copyright, trademark, privacy, publicity or other rights.
  • Running bots, self-bots, scripts or automated accounts, or automating a normal user account, except through the official bot API and only where server rules allow. Bot-like behaviour outside channels meant for bots may be restricted automatically.
  • Scraping, crawling or bulk-collecting Content or user data, including to build datasets or train AI models, except through the bot API within its limits.
  • Accessing or trying to access accounts, servers, channels or data you aren’t allowed to see; probing, scanning or testing our systems for weaknesses (other than good-faith security research reported to us privately and without harming users or data); getting around bans, timeouts, slow mode, file limits, age checks, verification, paid features or any other limit or protection.
  • Overloading, disrupting or interfering with the Service, our infrastructure or other users.
  • Copying, modifying, reverse engineering or decompiling our software or creating derivative works of it, except as the law expressly allows.
  • Abusing reports, appeals or our support channels, or making reports you know are false.

7. Servers, owners and moderators

  • Server owners can set extra rules for their server, as long as they don’t conflict with these Terms. Owners and the moderators they appoint are responsible for their servers and should enforce these Terms there.
  • Moderators can remove messages and kick, time out, warn or ban people in their servers. Owners and moderators are ordinary users running their own spaces. They are not our staff, agents or representatives, and they can’t speak or make decisions for Yapper. Their everyday moderation decisions belong to the server; we may review and override them.
  • Server moderation never replaces ours. We may act on any server, channel, message or account at any time, whatever its owners or moderators decide, including to remove illegal Content they missed or left up.
  • If an owner leaves, is banned or deletes their account, we may transfer, lock or delete the server.
  • We may remove, lock, freeze, hide from Discovery, take over, transfer or delete any server, channel or account that breaks these Terms or the law or puts users at risk, immediately and without notice where safety or the law calls for it. This includes whole servers set up for illegal trade, scams, sexual exploitation or copyright infringement (for example sharing pirated films, leaks or cracked software), not just individual messages.

8. Bots and the developer API

No selfbots. Don’t automate a normal user account (a “selfbot”): no scripts, extensions or tools that send messages, react, join servers, read messages or click things as you. Bots must use a bot account made in Settings → Developer and the official bot API (yapper.website/developers), which is free. Accounts that automate themselves may be limited, suspended or banned, and their bots removed.

If you create a bot or use the bot API:

  • Keep your bot token secret. You are responsible for everything your bot does. If a token leaks, reset it.
  • Follow the developer documentation (yapper.website/developers), its rate limits and these Terms. Only use data your bot receives to provide its features to the server that added it. Don’t sell it, share it, or keep it longer than you need.
  • Tell users what your bot does and don’t make it look official. Badges such as “Official” or a checkmark are reserved for bots run by us.
  • We can limit, suspend or remove any bot or API access at any time, especially to protect users or the Service.

9. Paid features

9.1 What we sell

  • Yapper Plus: a subscription with extra features. It renews automatically every month (see 9.3).
  • Server Boost and Promoted placement on Discovery: one-off purchases for a fixed period shown at checkout (currently 7 days). They do not renew.

The current price and what each feature includes are shown in the app before you buy. Features, limits and perks may change over time. If we make a change that takes away something important you are paying for, we’ll tell you in advance and you can cancel (and, for an unused prepaid period, get a proportionate refund).

9.2 Payment

Payments are processed by our payment provider, Stripe, under its own terms. We never see or store your full card number. Prices may be shown in US dollars; your bank may convert them and charge fees. Prices include or exclude taxes as shown at checkout, and you pay any applicable taxes. You authorise us and Stripe to charge your payment method for each purchase and, for subscriptions, each renewal.

9.3 Automatic renewal and cancellation

Yapper Plus renews automatically each month at the then-current price and your payment method is charged at the start of each billing period until you cancel. You can cancel online at any time in User Settings → Yapper Plus → Manage subscription, or by emailing hello@yapper.website. Cancellation stops future renewals. You keep Plus until the end of the period you already paid for, and we don’t refund that period except as required by law or set out below. We’ll give you at least 30 days’ notice of any price increase, and it applies from your next billing period after that notice, so you can cancel before it does.

9.4 Refunds

Except as required by law or described in these Terms, payments are non-refundable. We may give refunds or credits at our discretion; doing so once doesn’t oblige us to do it again. If a purchase failed because of our error (for example you were charged but didn’t receive the feature), email us and we will fix it or refund you.

9.5 Right of withdrawal (EU, EEA, UK and Switzerland)

If you are a consumer living in the EU, the EEA, the UK or Switzerland, you have the right to withdraw from a purchase within 14 days of the contract without giving a reason.

When you buy, you ask us to start providing the paid feature immediately. If you withdraw within the 14 days, we’ll refund you, minus a proportionate amount for the part of the period you already received. If the service has been fully provided within the 14 days (for example, a 7-day Boost or Promotion that has run its full period), the right of withdrawal no longer applies, as you acknowledged at checkout.

To withdraw, send a clear statement to hello@yapper.website before the 14 days end. You may use this model form: “To Antic (David), an independent developer based in the European Union, hello@yapper.website: I hereby give notice that I withdraw from my contract for the following service: [service], ordered on [date]. Name: [name]. Yapper username: [username]. Email used for payment: [email]. Date: [date].” We’ll refund you within 14 days of receiving your notice, using the same payment method.

9.6 Promotion and Boost rules

Paid placement buys position in Discovery only. It does not guarantee any number of views, joins or members, and does not exempt a server from these Terms. Slots are limited and may be unavailable. We may refuse, pause or end a placement for a server that breaks these Terms or the law, is locked or banned, or changes its name or content to something not allowed. In that case there is no refund, unless the law requires one. We label paid placements as promoted or boosted. We may require an account or server to be a certain age, verified, or in good standing before it can buy a Boost or Promotion.

9.7 Chargebacks and enforcement

If you dispute a valid charge with your bank, we may suspend paid features or the account until it’s resolved. If your account or server is suspended or removed for breaking these Terms, you lose access to paid features without a refund, unless the law requires one. Paid features have no cash value, can’t be transferred or exchanged, and end if the Service ends (in which case we refund any unused prepaid period).

9.8 Fraudulent payments

Payments made with stolen, borrowed or otherwise unauthorised cards or accounts, or used to promote scams, phishing or malware, lead to an immediate ban of every account involved, removal of the paid feature and of the server from Discovery, and no refund. We keep the payment and account records and may share them with our payment provider, the card holder’s bank and the authorities to investigate fraud.

9.9 Sanctions

You may not buy anything on Yapper if you are located in, or ordinarily resident in, a country or region under comprehensive EU, UN, UK or US sanctions, or are on a government list of restricted parties. We or our payment provider may block, cancel or refund payments, and close accounts, where we believe this applies.

10. Our intellectual property

Yapper, our name, logos, designs, software and everything we create belong to us or our licensors and are protected by law. We give you a personal, worldwide, revocable, non-exclusive, non-transferable licence to use the Service as these Terms allow. Some parts of our software are open-source and are covered by their own licences. You may not use our name or logos in a way that suggests we endorse or are affiliated with you without our written permission.

We expressly reserve all rights to text and data mining of Yapper and the Content on it, including under Article 4(3) of the EU Copyright Directive (2019/790). Nobody may scrape, crawl or mine Yapper, or use it to train AI models, without our written permission, except through the bot API as section 8 allows or where the law gives a right that can’t be reserved.

11. Reporting illegal content and copyright

11.1 How to report

Anyone, including people without an account, can report Content they believe is illegal, infringes their rights, or breaks these Terms, by using the report tools in the app or emailing hello@yapper.website. Please include: the exact location (link, server and channel, or a screenshot showing it), why you believe it is illegal or infringing (and, for illegal content, which law if you know it), your name and email address, and a statement that you believe in good faith that the information in your report is accurate and complete. You may report child sexual abuse material anonymously. We review reports promptly, carefully and objectively, and tell you what we decided.

11.2 Copyright (including the US DMCA)

If you believe Content infringes your copyright, send a notice to our designated copyright agent at hello@yapper.website with the subject “Copyright notice”, containing: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and where it is on Yapper; (4) your contact information; (5) a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for the owner.

If your Content was removed and you believe that was a mistake or that you had the right to use it, you can send a counter-notice to the same address with: your signature; identification of the removed material and where it was; a statement under penalty of perjury that you have a good faith belief it was removed by mistake or misidentification; your name, address and phone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the US, any judicial district in which we may be found) and will accept service from the person who sent the original notice.

Knowingly false notices or counter-notices can make you liable for damages.

Repeat infringers. Each valid copyright notice against your Content counts as a strike on your account (and, for a server owner, on the server where it was posted). If an account or server gets three strikes within 12 months, we will normally terminate it, and we may act sooner for serious or deliberate infringement. A strike is removed if a counter-notice succeeds or the notice is withdrawn. This applies to user accounts, bots and server owners alike. We may remove, lock or delete a whole server, not only individual messages, when it is mainly used to infringe copyright.

12. Moderation, enforcement and appeals

12.1 What we can do

If we reasonably believe Content or conduct breaks these Terms or the law, or puts users, Yapper or others at risk, we may: remove or hide Content; restrict who can see it; demote or remove a server from Discovery; restrict features (such as uploads, messaging, voice or bots); issue warnings or timeouts; suspend or terminate accounts, servers or bots; withhold or end paid features as described in section 9; and keep information and share it with authorities where the law requires or allows it. We act in a way that is diligent, objective and proportionate, and consider the rights and interests of everyone involved.

12.2 Tools we use

We use a mix of human review and automated tools to keep Yapper safe, including: automated checks of uploaded images, GIFs and videos that block sexual and abusive images and pictures our moderators already removed; automated checks that block dangerous file types and suspicious archives; blocking of known scam and phishing links; detection of spam, bot-like behaviour and ban evasion; and rate limits. Automated tools can make mistakes, which is why you can appeal, and an appeal against a decision made by an automated tool is always reviewed by a person.

12.3 Telling you why

When we restrict your Content or account, we will tell you, where possible and lawful, what we did, why, which rule or law it was based on, whether automated tools were involved, and how to appeal. We may not notify you where that would be unlawful, would put someone at risk, or would help someone evade enforcement, for example in cases of child abuse, spam or fraud. In those cases we may also lock or restrict an account or server without warning, keeping its data, so that evidence isn’t destroyed before the authorities can act.

12.4 Appeals

You can appeal any decision we make about your Content or account, and any decision on a report you made, for at least 6 months after the decision, by emailing hello@yapper.website with your username and what you are appealing. Appeals are reviewed by a person, not only by automated tools, and we’ll reverse decisions that turn out to be wrong. If you are in the EU you may also use a certified out-of-court dispute settlement body under Article 21 of the DSA, or go to court. Nothing here limits your right to complain to a regulator.

12.5 Legal requests

We respond to valid legal requests from authorities in line with applicable law. We may preserve and disclose information if we believe in good faith it is needed to comply with the law, to protect someone from death or serious harm, or to protect Yapper and its users.

When we become aware of child sexual abuse material, we remove it, preserve it and the related account information, report it to the National Center for Missing & Exploited Children (NCMEC) and/or the competent authorities, and permanently ban the accounts involved. When we become aware of information suggesting a criminal offence that threatens someone’s life or safety has happened, is happening or is likely to happen, we promptly inform the police or judicial authorities of the country concerned, as Article 18 of the DSA requires. We comply with valid orders from authorities to act against illegal Content within the time they set.

12.6 How Discovery ranks servers

Servers only appear in Discovery if their owner turns it on and they follow these Terms. Discovery is not personalised: everyone sees the same order for the same search. The main things that decide where a server appears are: (1) how many members it has; (2) whether it has a paid Boost, which raises its position by a fixed multiplier up to a set level; (3) paid Promoted placement, shown in separate slots that are labelled as promoted; and (4) when you search, whether the server’s name, description and tags match your search. Servers that break these Terms, are owned by banned accounts, or have names or descriptions that aren’t allowed are left out or moved down.

13. Voice, video and screen sharing

Calls and screen shares are streamed live through our servers or providers and are not recorded by us. You must not record, stream or share other people’s voice, video or screens without their consent where the law requires it. Yapper is not a replacement for a phone and cannot be used to contact emergency services.

14. Third-party services and links

Yapper may show or link to websites, apps, embeds, bots and services run by others. We don’t control them and aren’t responsible for their content, policies or practices. Your use of them is between you and them.

15. Changes to Yapper

Yapper is constantly developing. We may add, change, test, limit or remove features, including in test versions available only to some users. Test features may be unstable or disappear. We may stop offering Yapper entirely; if we do, we will try to give at least 30 days’ notice and let you download your data where reasonably possible, and refund any unused prepaid period of paid features.

16. Changes to these Terms

We may update these Terms, for example to reflect changes in Yapper, our business or the law. If a change materially affects you, we’ll tell you in the app or by email at least 30 days before it takes effect, unless the change is required by law or needed urgently to address security, fraud or user safety, in which case it may take effect sooner. If you don’t agree to the new Terms, you can stop using Yapper and delete your account before they take effect (and, for Yapper Plus, cancel and get a proportionate refund for any prepaid period after the change). If you keep using Yapper after the change takes effect, the new Terms apply.

17. Ending your use of Yapper

  • You can stop using Yapper and delete your account at any time.
  • We may suspend or terminate your account, or your access to all or part of Yapper, if you break these Terms or the law, if we are legally required to, if your use creates risk or legal exposure for us or other users, or if your account has been inactive for a long period. Where reasonable, we’ll give notice and a statement of reasons (section 12.3).
  • Sections that by their nature should continue after the Terms end will continue, including sections 5.2 (for the limited cases listed), 5.7, 9.4 and 9.7, 10, and 18 to 24.

18. Disclaimers

TO THE EXTENT PERMITTED BY LAW, YAPPER IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T PROMISE THAT YAPPER WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT CONTENT WILL BE STORED OR AVAILABLE, OR THAT ANY CONTENT, USER, SERVER OR BOT IS ACCURATE, SAFE OR LAWFUL. KEEP YOUR OWN COPIES OF ANYTHING IMPORTANT.

TO THE EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR MONEY, CRYPTOCURRENCY, ITEMS, ACCOUNTS OR DATA YOU LOSE, OR FOR IDENTITY THEFT OR ACCOUNT TAKEOVER, THAT RESULTS FROM LINKS, FILES, BOTS, OFFERS, GIVEAWAYS OR TRADES FROM OTHER USERS, SERVERS OR THIRD PARTIES ON YAPPER. NEVER SEND MONEY OR LOGIN DETAILS TO SOMEONE YOU MET ON YAPPER.

If you are a consumer in the EU, EEA, UK, Switzerland, Australia, New Zealand or another place where the law gives you statutory guarantees or rights about the quality of digital services that can’t be excluded, this section doesn’t limit those rights.

19. Limitation of liability

TO THE EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO YAPPER OR THESE TERMS; (B) WE ARE NOT LIABLE FOR THE CONDUCT OR CONTENT OF OTHER USERS, SERVERS, BOTS OR THIRD PARTIES; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YAPPER OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR 100 US DOLLARS (OR 100 EUROS IF YOU LIVE IN THE EU, EEA, UK OR SWITZERLAND). THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intentional misconduct or gross negligence, or any other liability that can’t be limited or excluded by law.

If you are a consumer in the EU, EEA, UK or Switzerland: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, as the law of your country provides. We aren’t responsible for loss that wasn’t foreseeable, and Yapper is for personal, non-commercial use, so we aren’t responsible to you for business losses.

20. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless us and the people who help run Yapper from any claims, losses, liabilities and costs (including reasonable legal fees) brought by a third party arising from your Content, your bot, your use of Yapper or your breach of these Terms or the law. This section does not apply to consumers to the extent the law of their country of residence doesn’t allow it.

21. Disputes, arbitration and class action waiver (United States)

21.1 Try to resolve it with us first

Before starting any claim, you agree to email hello@yapper.website with your name, username, a description of the dispute and what you want. We’ll do the same with you. Both of us will try in good faith to resolve it informally for 60 days. This is required before arbitration or court (except for small claims).

21.2 Arbitration

If you live in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or Yapper (a “Dispute”) will be resolved by binding individual arbitration instead of in court, except that either of us may (a) bring an individual claim in small claims court if it qualifies, and (b) seek an injunction in court to stop infringement or misuse of intellectual property or unauthorised access to the Service. The Federal Arbitration Act governs this section. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before one arbitrator, and may be held by video, phone, or written submissions. Fees are paid as the AAA rules provide. The arbitrator decides all issues, except that a court decides questions about the scope, enforceability and validity of the class action waiver and the mass arbitration procedure.

21.3 Class action and jury trial waiver

YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may award relief only to the individual party and only as needed for that party’s claim. If this waiver is found unenforceable for a claim, that claim will be decided by a court, not in arbitration, after any individual arbitration has finished.

21.4 Mass arbitration

If 25 or more similar Disputes are filed against us by the same or coordinated counsel, they will be administered in batches of up to 50 under the AAA Mass Arbitration Supplementary Rules, and one arbitrator will be appointed for each batch. Filing fees and statutes of limitation are paused while batching takes place.

21.5 Time to bring claims

To the extent permitted by law, any claim must be brought within one year after it arose, or it is permanently barred.

21.6 Opt-out

You can opt out of this arbitration agreement by emailing hello@yapper.website, subject “Arbitration opt-out”, with your name and username, within 30 days after you first accept these Terms. Opting out doesn’t affect any other part of these Terms.

21.7 If arbitration doesn’t apply

If you opt out, or if this section doesn’t apply or is found unenforceable, Disputes will be decided by the state or federal courts with jurisdiction where you live, unless the law allows another venue.

22. Governing law and courts (everywhere)

These Terms and any Dispute are governed by the laws of the Member State of the European Union where we are established, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. However:

  • If you are a consumer in the EU, EEA, UK or Switzerland, you keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts of that country or in the courts of the Member State of the European Union where we are established. We may bring proceedings against you only in the courts of the country where you live. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
  • If you live in the United States, section 21 applies, and the Federal Arbitration Act and applicable US federal law govern section 21.
  • Everywhere else, Disputes will be decided by the courts of the Member State of the European Union where we are established, unless the mandatory law of the country where you live gives you the right to bring them in your local courts or apply its law.

23. Region-specific terms

  • California: Under California Civil Code §1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. You waive California Civil Code §1542 to the extent it would apply to claims against us that you don’t know about, to the extent permitted by law.
  • New Jersey: Nothing in sections 18 to 20 limits rights you have under New Jersey law that can’t be limited.
  • United Kingdom: Under the Online Safety Act 2023 you can complain to us about illegal content, about Content harmful to children, about our use of moderation tools, or about action we took against you, using the report tools or hello@yapper.website. We will handle these complaints under section 12.
  • Australia and New Zealand: Our services come with guarantees that can’t be excluded under the Australian Consumer Law and the New Zealand Consumer Guarantees Act. Sections 18 to 20 apply only to the extent those laws permit.
  • Anywhere else: if the law where you live gives you rights or protections that these Terms try to exclude and can’t be excluded, those rights still apply.

24. General

  • Entire agreement. These Terms (including the documents in section 1) are the whole agreement between you and us about Yapper and replace any earlier agreement.
  • Severability. If any part of these Terms is found invalid or unenforceable, it will be limited to the minimum extent needed and the rest stays in force.
  • No waiver. If we don’t enforce a right, that isn’t a waiver of it.
  • Assignment. You can’t transfer your rights or obligations under these Terms. We may transfer ours, for example to a company we set up to run Yapper or to a buyer of Yapper, as long as your rights aren’t reduced. If that happens we’ll tell you.
  • Force majeure. We aren’t responsible for delays or failures caused by events beyond our reasonable control, such as outages of our providers, internet failures, attacks, disasters or government action.
  • No third-party beneficiaries. Only you and we can enforce these Terms, except where the law says otherwise.
  • Electronic communications. You agree to receive notices and communications from us electronically, in the app or by email, and that these satisfy any legal requirement for written communications. Notices to us must be sent to hello@yapper.website.
  • Language. These Terms are written in English. If we provide a translation and it conflicts with the English version, the English version wins, unless the law where you live requires otherwise.
  • Export control. You must comply with all export control and sanctions laws that apply to your use of Yapper.
  • Headings are for convenience only.

25. Contact

Questions, reports, appeals, refunds, legal notices: hello@yapper.website.

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