The Yevma Inc. (“Yevma” or “Company”) website is comprised of various web pages (collectively, the “Platform”) operated by Yevma whereby Yevma processes payments from the donors, patrons, and customers (the “Customers”) of certain entities, nonprofit organizations, and business owners, including but not limited to property managers and restaurant owners (the “Merchants”). These terms of service (the “Terms”) are applicable to Customers, Merchants, and any other user who visits the Platform. References to “you” herein include both Customers, Merchants, and any other user of the website; however, there are certain provisions applicable to only Customers and only Merchants which are addressed to the appropriate party. Unless clearly addressed to Customers and/or Merchants, the terms contained herein are generally applicable to all users of the Platform.
These Terms govern your access to and use of the Platform, including any content, functionality, and services offered on or through the Platform, whether as a guest or registered user. Please read these Terms carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms without modifications. If you do not want to agree to these Terms, you must not access or use the Platform.
This Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Yevma. If you are not 18 years of age or older, you must not access or use the Platform.
1. ACCESSING THE PLATFORM AND ACCOUNT SECURITY
In order to access certain features of the Platform, you will be required to create a username and password and/or passcode to establish an account. In establishing your account, Yevma requires that you provide certain information including, but not limited to, your first and last name, company name, e-mail address, phone number, mailing address, employer identification number, if applicable, and personal information of authorized representatives, such as their names, dates of birth, and social security numbers. Your disclosures of personal information is governed by the Yevma Privacy Policy. You may also be offered the opportunity to link your account to third-party websites and applications. You agree to provide Yevma with true and accurate information and further agree to keep this information current. You acknowledge that you are responsible for maintaining the confidentiality of your account and password and accept responsibility for all account activity. You agree to immediately notify Yevma of any unauthorized use of your password or account of any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Yevma will not be liable for any loss or damages arising from your failure to provide Yevma with accurate information or to keep your password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Yevma is not responsible for third-party access to your account that results from theft or misappropriation of your account. Yevma has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Yevma, at any time in our sole discretion for any or no reason, including if, in Yevma’s opinion, you have violated any provision of these Terms. You may terminate your account at any time through the account settings page.
You may not authorize third parties to use your account without the prior written consent of Yevma, and you may not allow persons under the age of 18 to use the Platform. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Platform if you refuse to provide proof of identity or other method of identity verification.
Yevma reserves the right to withdraw or amend the Platform, and any service or material provided on the Platform, in its sole discretion without notice. Yevma will not be liable for any reason at all or any part of the Platform is unavailable at any time and for any period. From time to time, Yevma may restrict access to some parts of the Platform, or the entire Platform to users. Yevma reserves the right to disable the username, password, or other identifier, whether chosen by you or provided by Yevma and to terminate access to the Platform at any time if you have violated the Terms.
2. PAYMENT PROCESSING
Customers and Merchants
In order to process Customers’ payments, Customers may be required to submit personal information to authorize the payment. Submission of Customers’ personal information authorizes Yevma to process Customers’ payments for anticipated transaction amounts. Yevma may choose to seek pre-authorization of payments prior to processing payments to ensure the necessary funds are available. Yevma is not responsible for payment processing errors made by Customers or Merchants. All refunds, returns, or cancellations will be provided in accordance with the Merchants’ relevant policies. Both Merchants and Customers agree that Yevma is not responsible for securing the refund, return, or cancellation of any transaction. Both Merchants and Customers agree that Yevma does not accept responsibility for the security of credit card or other payment information.
Without limiting any other warranties under these Terms, Merchants represent and warrant that: (a) they have the right, power, and ability to agree to these Terms on their behalf and the business entity on whose behalf they are acting; (b) that all information they provide to Yevma is current and accurate; (c) all transactions submitted by Merchants are bona fide transactions and in compliance with these Terms, and applicable law; (d) they will fulfill all their obligations to their Customers and will resolve any customer disputes or complaints directly; (e) they will not use the Platform, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Platform; and (f) their use of the Platform is in compliance with this Agreement.
Merchants and Payment Processors
Yevma facilitates payment processing through a third-party payment processing service (the “Payment Processor”) on behalf of Merchants. All payment processing is facilitated through the Payment Processor. Yevma’s current Payment Processor is Stripe; however, Yevma may, in its sole discretion, replace its Payment Processor at any time and without notice or may choose to use multiple Payment Processors. Merchants using this Platform for the purpose of receiving funds from their Customers agree to the applicable Payment Processor’s payment processing fees, processing times, and terms and conditions. Accordingly, the Stripe Services Agreement, Stripe Connected Account Agreement, Stripe Payment Terms, Restricted Business Categories, Stripe Privacy Policy, and Stripe Cookie Policy are incorporated herein by reference. By agreeing to these Terms, Merchants also agree to be bound by the Payment Processor’s terms and conditions hyperlinked above and those of any additional Payment Processor used by Yevma, which may be modified by the Payment Processor from time to time. It is the Merchants’ responsibility to understand the policies set forth in the Payment Processor’s terms and conditions. Notwithstanding the foregoing, the Merchant reserves the right to disclose the Payment Processor’s terms and conditions, including its policies relating to processing fees and processing times, in these Terms only when required by the Payment Processor.
Upon utilization of our Platform, Merchants are presented with a transactions table prepared by Yevma showing their transactions that are processed through the Payment Processor. Yevma assumes no responsibility for any late or missing deposits handled through the Payment Processor that is owed to the Merchant. The terms and conditions of the Payment Processor govern any late or missing deposits and any disputes over such funds.
3. THIRD-PARTY WEBSITES; PRODUCTS AND SERVICES; ACCOUNTS
The Platform may contain links to websites that are owned and operated by third parties. These links are provided for your convenience only. Yevma is not responsible for the content, products, or services on third-party websites. You cannot rely on these Terms or the Privacy Policy to govern your use of another website. Yevma provides these third-party website links only as a convenience and the inclusion of any link does not imply endorsement by Yevma of the third party or the linked content. It is your responsibility to understand the policies set forth in any third-party terms.
Certain products and services available on the Platform may be delivered by a third party on behalf of Yevma. By using any product or service on the Platform, you agree that Yevma may share your account information with the applicable third party.
You may have the opportunity to connect your account to select third-party accounts. By connecting your account to a third-party account, you consent to the ongoing release of your account information to the connected third-party. If you do not want your account information shared in this manner, do not connect your account to a third-party account.
4. ELECTRONIC COMMUNICATIONS
When you visit the Platform or send emails or inquiries to Yevma, you are communicating with Yevma electronically and therefore consent to receiving communications from Yevma electronically. All electronic communications with Yevma are governed by these Terms and the Privacy Policy, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
5. SMS AND TEXT MESSAGES
Text Messages from Merchants
By corresponding with the Merchant via text message, each Customer agrees to opt-in to SMS communication. Although Yevma expects Merchants and Customers to use SMS communication in accordance with these Terms (including Section 6 “No Unlawful or Prohibited Use”) Yevma does not control the content of SMS communication by either Customers or Merchants and is not responsible for any content sent via SMS communications, including but not limited to payment reminders and marketing information. Yevma reserves the right to terminate the use of the Platform by any Merchant or Customer who violates Section 6 “No Unlawful or Prohibited Use” through SMS communication.
Text Messages from Yevma
You authorize Yevma to contact you via text message or telephone at any of the phone numbers provided by you to process security authentication and notify you of important updates and critical information regarding your account, transactions, products, and/or services. Standard text or data charges may apply to such notifications. You also understand that you may opt out of receiving text messages from Yevma at any time, either by texting the word “STOP” to the number that you sent your text messages using the mobile device that is receiving the messages, or by contacting Yevma via email at info@yevma.tech.
6. NO UNLAWFUL OR PROHIBITED USE
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. As a condition of your use of the Platform, you agree that you will not use the Platform in any way that violates any applicable federal, state, local, or international law or regulation or is prohibited by these Terms. You also agree not to use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way. You may not use the Platform in any manner that may damage, disable, overburden, or impair the Platform or interfere with any other user’s use or enjoyment of the Platform. You may not attempt to alter the source code of the Platform or make any attempt to reverse engineer the data. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on the Platform.
Yevma reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice, if you violate these Terms.
7. INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Yevma, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the Platform without the prior written consent of Yevma.
The Yevma logos and all related product and service names, design marks, and slogans are trademarks, service marks, registered trademarks or registered service marks of Yevma and may not be used in any manner without the prior written consent of Yevma. You agree to observe and abide by all copyright and other proprietary notices or restrictions contained in on the Platform and will not make any changes thereto.
8. PRIVACY
The Yevma Privacy Policy located at https://yevma.tech/privacy-policy/”) is incorporated in these Terms by reference and by using this Platform, and you acknowledge and agree to the terms of the Privacy Policy.
9. INTERNATIONAL USERS
The Platform is intended for users located in the United States. If you access the Platform from a location outside of the United States, you are responsible for complying with applicable laws, rules, and regulations. You agree that you will not use the Platform in any manner prohibited by applicable laws, rules, or regulations.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Yevma, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Platform, products, services, your violation of these Terms, or your violation of any applicable laws, rules, or regulations. Yevma reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Yevma in asserting any available defenses.
11. DISPUTE RESOLUTION
THESE TERMS, AND ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND YEVMA, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AND THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), REGARDLESS OF ANY CONFLICT OF LAW ISSUES THAT MAY ARISE. ALL SUCH DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AAA. THE ARBITRATOR’S AWARD WILL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING COMPETENT JURISDICTION. THE PREVAILING PARTY IS ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY’S FEES. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO BRING DISPUTES IN COURT, INCLUDING A TRIAL BY JURY. THIS DISPUTE RESOLUTION PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.
12. CLASS ACTION WAIVER
ANY ARBITRATION ACTION INITIATED PURSUANT TO THESE TERMS WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED. FURTHER, UNLESS BOTH YOU AND YEVMA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS IN A SINGLE ARBITRATION PROCEEDING.
13. DISCLAIMER OF WARRANTIES
The information presented on or through the Platform is made available solely for general information purposes. The information, software, products, and services included in or available through the platform may include inaccuracies or typographical errors. YEVMA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ANY RELIANCE YOU PLACE IN SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. YEVMA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. LIMITATION ON LIABILITY
IN NO EVENT WILL YEVMA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
15. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
16. NO RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Yevma as a result of these Terms or your use of the Platform. Yevma’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Yevma’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Yevma with respect to such use.
17. WAIVER AND SEVERABILITY
No waiver by Yevma of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Yevma to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms.
18. SECTION HEADINGS
The section headings in these Terms are for convenience only and have no legal or contractual effect.
19. ENTIRE AGREEMENT
These Terms, as updated from time to time and posted at https://yevma.tech/terms-of-service/, represent the complete agreement between Yevma and you. We may revise and update these Terms from time to time in our sole discretion. The most current version of these Terms will supersede all previous versions as of the date the revised terms are posted. Yevma encourages you to periodically review these Terms to stay informed of updates. By using the Platform following any amendment to the Terms, you agree to be bound by such amendments.
Contact Information
Yevma welcomes your questions or comments regarding these Terms. Feel free to contact Yevma at:
Yevma Inc.
8 The Green
Suite A
Dover, DE 19901
Email Address: info@yevma.tech
These Terms are effective as of November 1, 2021.