Terms and Conditions
Last Update: December 19, 2024
Welcome to YESOnline, operated by YESOnline LLC (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website and SaaS platform (“Services”), including any related tools, applications, and integrations. By using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Definitions
“Services” refers to the software-as-a-service platform provided by YESOnline LLC, including tools for CRM, marketing automation, website hosting, and other functionalities. “User” refers to any individual or entity that accesses or uses the Services. “Account” refers to the personalized user profile created to access and use the Services. “Content” refers to any data, information, text, graphics, or other materials uploaded or transmitted through the Services by Users.
2. Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet this requirement and that the information you provide is accurate and complete.
3. Account Registration and Responsibilities
To use our Services, you must create an account. You agree to provide accurate and up-to-date information. Maintain the confidentiality of your login credentials. Notify us immediately of unauthorized access or account breaches. You are responsible for all activities that occur under your account.
4. Subscription Plans and Payments
4.1 Pricing
Subscription plans are offered on a monthly or annual basis, as detailed on our website. Overages (e.g., exceeding included SMS or email credits) are billed at the rates specified in your subscription plan.
4.2 Billing
Payments are processed through our third-party payment processor. Subscriptions automatically renew unless canceled before the end of the billing cycle. Any billing concerns and questions should be emailed to billing@yesomedia.com.
4.3 Refund Policy
We do not offer refunds for subscription fees already paid, except as required by applicable law.
5. Use of Services
You agree to use the Services only for lawful purposes and in compliance with these Terms. You shall not engage in unauthorized access, spamming, or distribution of malware. Use the Services to store or transmit infringing, defamatory, or otherwise unlawful material. Reverse-engineer or decompile any part of the Services. We reserve the right to suspend or terminate your account for violations of these Terms.
6. Intellectual Property
All intellectual property rights in the Services, including software, trademarks, and other proprietary materials, are owned by YESOnline LLC or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.
7. User-Generated Content
You retain ownership of the Content you upload to the platform. By uploading Content, you grant us a worldwide, non-exclusive license to use, store, and process it as necessary to provide the Services. You represent that you have the rights to upload such Content.
8. Third-Party Integrations
Our Services may integrate with third-party tools (e.g., Stripe, YEXT, UpHex). We are not responsible for the actions or omissions of these third parties. Your use of third-party tools is subject to their respective terms and privacy policies.
9. Limitation of Liability
To the maximum extent permitted by law, YESOnline LLC shall not be liable for indirect, incidental, or consequential damages. Loss of data, revenue, or profits arising from your use of the Services. Our total liability shall not exceed the amount you paid for the Services in the six months preceding the event giving rise to the claim.
10. Termination
We reserve the right to suspend or terminate your account if you violate these Terms. Required by law or court order. Upon termination, your access to the Services will be disabled, and your Content may be deleted, subject to our data retention policies.
11. Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in San Joaquin County in California, except where prohibited by law. This agreement shall be governed by the laws of the State of California.
12. Amendments
We reserve the right to update these Terms at any time. Changes will be effective upon posting to our website. Continued use of the Services constitutes acceptance of the updated Terms.
13. Contact Information
If you have questions or concerns about these Terms, please contact us at: info@yourengagingsolutions.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.