Terms of Service
The Yevma Inc. (“Yevma”) website and mobile application is comprised of various web pages and mobile applications (collectively, the “Platform”) operated by Yevma. The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Service (“Terms”). Your use of the Platform constitutes your acceptance of these Terms. If you disagree with any of these terms you must immediately stop using the Platform.
In order to access certain features of the Platform, you will be required to create a username and password to establish an account. In establishing your account, Yevma may require that you provide certain information including, but not limited to, first and last name, company name, e-mail address, and phone number. 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 up to date. You acknowledge that you are responsible for maintaining the confidentiality of your account and password and accept responsibility for all account activity. 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 reserve the right to suspend or terminate your account at any time without prior notice and for any reason or no reason. You may terminate your account at any time through the account settings page.
All payment processing is facilitated through a third-party payment processing service. Yevma may replace its third-party payment processing service at any time and without notice.
Yevma processes payments on behalf of non-affiliated business owners. Permission to process your payment may be based on the submission of a personal code. Submission of your personal code authorizes Yevma to process your payment for the anticipated transaction amount. Yevma may choose to seek pre-authorization of the payment prior to processing the payment to ensure the necessary funds are available. Yevma is not responsible for payment processing errors made by the business owner. All refunds, returns, or cancellations will be provided in accordance with the business owner’s relevant policy. You agree that Yevma is not responsible for securing the refund, return, or cancellation of any transaction.
If you are a business owner using this Platform for the purposes of receiving funds from your customers, you agree to the applicable payment processing fees and processing times. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you also agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time.
Yevma does not store credit card or other payment information. You agree that Yevma does not accept responsibility for the security of credit card or other payment information.
Links to Third-Party Websites
Third Party Products and Services
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.
Third Party Accounts
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.
SMS and Text Messages
You authorize Yevma to contact you via text message to 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.
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 for any purpose that is unlawful or prohibited by these Terms. 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, and for any reason or no reason.
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.
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.
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 will fully cooperate with Yevma in asserting any available defenses.
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, 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 American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party is entitled to recover its costs and reasonable attorney’s fees. By agreeing to binding arbitration, you waiving your right to bring disputes in court, including a trial by jury. This dispute resolution provision will survive the termination of these Terms.
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.
The information, software, products, and services included in or available through the platform may include inaccuracies or typographical errors. Yevma makes no representations regarding the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the platform for any purpose. 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. In no event will Yevma 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.
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 this agreement 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.
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.
These Terms, as updated from time to time and posted at https://yevma.tech/terms-of-service/, represent the complete agreement between Yevma and the Platform users. The most current version of these Terms will supersede all previous versions. Yevma encourages you to periodically review these Terms to stay informed of updates.
Yevma welcomes your questions or comments regarding these Terms:
40 E. Main St # 1441
Newark, Delaware 19711
Email Address: firstname.lastname@example.org
These Terms are effective as of March 22, 2018.