Terms of Service

Last Updated: April 22, 2024

By signing up to use YiNote you declare you are agreeing with the policies and terms set out below.

General Terms of Use

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website (the “Service”) and to all software or services offered by YiNote. For the purposes of these Terms, “we,” “our,” “us,” “Company” and “YiNote refer to ByteYi Labs, Inc., the providers and operators of the Services. The Terms are a legal and binding agreement between we and you. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

YiNote reserves all rights to change or update these Terms at any time and at its sole discretion, by posting on its Website or by providing any other notice and your rights under these Terms will be subject to the most current version posted on the Website at the time of use.

If a user violates any of the terms outlined below, we reserve the right to terminate the Account without notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you turn off the auto-renewal function ("Auto Renewal") or unless we cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

In the event of a payment failure, our system will automatically attempt to process the charge again several times over the ensuing weeks. You will be notified via email each time a payment attempt is unsuccessful. Should all retry attempts fail, your subscription will be canceled. Please note, in cases of recurrent payment failures, additional measures may be taken, including but not limited to, cancellation of your subscription, limited access to certain billing plans or frequencies, a prohibition on your domain's use of our service, or the immediate display of a warning in the body of your app.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the YiNote Site and Services and payments made by you herein.

Prices of all subscription plans, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change.

Free Trial

We may, at our sole discretion, offer a Subscription with a Free Trial for a limited period of time ("Free Trial").

On the last day of the Free Trial period, unless you cancelled your Subscription or turned off Auto-Renewal, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

If automatic billing fails at the end of your Free Trial, your subscription will be canceled immediately.

If your purchase a subscription during the Free Trial, you trial period will end immediately.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Disputes

You must notify us in writing within seven (7) days after receiving your invoice, if you dispute any of our charges on that invoice or such dispute will be deemed waived. Billing disputes should be notified to the following address: hello@yinote.com.

Violation of these Terms of Service

YiNote reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. YiNote may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service.

You acknowledge that YiNote has no obligation to prescreen or monitor your access to or use of the Service or any information, materials or other content provided or made available through the Service, but has the right to do so. You hereby agree that we may, in the exercise of YiNote’ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or is otherwise objectionable.

Copyright and Content Ownership

We claim no intellectual property rights over the content submitted or created exclusively on your account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Service to you.

Submitted Information and Content must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. YiNote shall be entitled to remove any of the Submitted Information and Content which YiNote believes to be inaccurate or inappropriate.

You shall be responsible and liable for Submitted Information and Content, and defend, hold harmless and indemnify YiNote and its affiliates from and against any damages which may result from the submission, display and/or use of any such Submitted Information and Content.

Privacy

Please review our Privacy Policy for any concerns regarding your privacy.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limitation Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL YiNote BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF YiNote HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES YiNote’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Publicity

You grant YiNote the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time-to-time. If you don’t want to be listed, you may send an email to hello@yinote.comdeclining to be used as a reference.

Governing Law

Any formation or interpretation of this Agreement and any disputes arising from it will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Toronto, Ontario, and you hereby submit to the personal jurisdiction of such courts.