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Terms of Service

Last Updated: April 7, 2025

INTRODUCTION

Welcome to Yakura, a digital marketplace and storefront where individuals and businesses can discover, purchase, and promote innovative web-based software and SaaS products. These Terms of Use ("Terms") form a legally binding agreement between you ("you" or "User") and Yakura, Inc. ("Yakura," "we," or "us"), governing your access to and use of the Yakura platform, including all features, tools, technologies, websites, mobile applications, and services provided by or through Yakura (collectively, the "Platform").

By accessing, registering for, or using the Platform in any manner—including as a general User, Partner (software provider), or Affiliate (promoter)—you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as any other applicable policies referenced herein, including our Privacy Policy, Partner Terms, and Affiliate Terms (collectively, the "Agreements"). If you do not agree to these Terms in full, you may not access or use the Platform.

Your continued use of the Platform following any update or change to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. We reserve the right to modify or replace these Terms at any time and without prior notice, in our sole discretion.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND YAKURA AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU AGREE TO BRING CLAIMS SOLELY ON AN INDIVIDUAL BASIS. THIS WAIVER APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, YOUR USE OF THE PLATFORM, OR ANY PRODUCT OR SERVICE PROVIDED BY YAKURA.

Certain limited claims may be eligible for resolution in small claims court, provided they are brought individually and not as part of a class action. By accepting these Terms, you expressly waive your right to a jury trial and to participate in any class action or class arbitration.

If you do not agree to these Terms, including the arbitration and class action waiver provisions, you must immediately discontinue use of the Platform.

DEFINITIONS

"Platform"

means the online software marketplace operated by Yakura, including any websites, mobile applications, web interfaces, APIs, and all associated features, content, technologies, and services.

"User"

refers to any individual or entity that accesses or uses the Platform for the purpose of browsing, registering, purchasing software, or otherwise engaging with Platform content.

"Account"

means the registered profile created by a User, Partner, or Affiliate to access or interact with the Platform.

"Partner"

(also referred to as a "Developer") means any individual or entity that submits, lists, or sells software products or SaaS tools through the Platform under the applicable Partner Terms.

"Affiliate"

means any individual or entity that registers with the Platform to promote listed software through affiliate links and receive commissions based on qualifying purchases, subject to the Affiliate Terms.

"Listing"

refers to any software application, SaaS product, or digital service submitted by a Partner and made available for review, promotion, or purchase on the Platform.

"Content"

includes, without limitation, any text, images, videos, logos, trademarks, designs, software, code, documentation, product descriptions, or other materials submitted, uploaded, or displayed on the Platform by Users, Partners, Affiliates, or Yakura.

"Purchase"

refers to a transaction initiated by a User to obtain access to a listed software product through the Platform in exchange for payment.

"Commission"

means the percentage or fixed-rate payment earned by an Affiliate for a completed sale made through their unique referral link, as outlined in the Affiliate Terms.

"Revenue Share"

refers to the percentage of gross or net proceeds from software sales allocated to a Partner, as agreed upon in the Partner Terms.

ELIGIBILITY

The Platform is intended solely for individuals who are at least eighteen (18) years of age and legally capable of entering into binding contracts under applicable law. By accessing or using the Platform in any capacity, you represent and warrant that:

  • You are at least 18 years old;
  • You have full legal capacity and authority to enter into these Terms;
  • You are using the Platform for lawful purposes only and in compliance with all applicable laws and regulations; and
  • If you are registering or using the Platform on behalf of a company or other legal entity, you are authorized to bind that entity to these Terms.

Use of the Platform is expressly prohibited for anyone under the age of 18. We do not knowingly collect personal information from individuals under 18. If we become aware that someone under 18 has created an account or submitted information, we reserve the right to immediately terminate the account and delete any associated content or data.

Access and use of the Platform as a Partner or Affiliate is subject to additional eligibility requirements outlined in the applicable Partner Terms or Affiliate Terms, including compliance with applicable intellectual property, licensing, tax, and advertising laws.

We reserve the right to refuse, suspend, or terminate any account or access to the Platform at our sole discretion, including where eligibility criteria are not met or are violated at any time.

ENTIRE AGREEMENT

These Terms of Use, together with any additional agreements, policies, and terms expressly referenced or incorporated herein—including but not limited to our Privacy Policy, Partner Terms, Affiliate Terms, Referral Terms, Listing Policy, Community Guidelines, and Payment Policy (collectively, the "Policies")—constitute the entire and exclusive agreement between you and Yakura concerning your access to and use of the Platform.

These Terms supersede all prior or contemporaneous understandings, negotiations, communications, or agreements—whether oral or written—relating to the subject matter herein.

To the extent there is any conflict between these Terms and any of the supplemental terms that apply to specific roles or features (such as Partner or Affiliate Terms), those supplemental terms shall control solely with respect to your participation in that role or use of that specific feature.

No oral or written information or advice given by Yakura, its representatives, or any third party shall create any warranty or obligation not expressly stated in these Terms.

You acknowledge and agree that:

  • No informal modifications will be valid unless made in writing and signed by an authorized representative of Yakura;
  • No delay or failure by Yakura to enforce any provision of these Terms shall constitute a waiver of that provision or any other provision; and
  • If any part of these Terms is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

Your continued access to or use of the Platform signifies your complete and ongoing acceptance of this agreement and any modifications made in accordance with the Amendment section of these Terms.

ACCOUNT CREATION

To access certain features of the Platform, including purchasing products, submitting software listings, or participating in the affiliate program, you must create an account with Yakura ("Account"). By creating an Account, you agree to:

  • Provide Accurate Information: You must provide true, current, and complete information during registration and maintain accurate account details at all times. You may not use false information, impersonate another individual or entity, or misrepresent your identity, affiliation, or authority.
  • Choose the Correct Account Type: You must register for the appropriate role:
    1. User Account – to browse and purchase software products;
    2. Partner Account – to submit and manage software listings;
    3. Affiliate Account – to access affiliate links and track commissions.

    You may only register for one account type per email address, and you may not operate as both a Partner and an Affiliate simultaneously.

  • Safeguard Credentials: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you believe your account has been compromised, you must notify Yakura immediately at [Insert Support Email].
  • Comply with All Policies: Your account is subject to all applicable Yakura policies and role-specific terms. Failure to comply may result in suspension or termination of your account without notice.
  • One Account Per Person or Entity: You may not create or maintain multiple accounts for the same purpose or attempt to bypass Platform rules or restrictions through duplicate registrations.
  • Responsibility for Activity: You are fully responsible for all actions taken through your account, whether authorized by you or not. Yakura is not liable for any loss or damage arising from unauthorized use of your account.

Yakura reserves the right to suspend, restrict, or terminate any account at its sole discretion, including where an account is found to be in violation of these Terms or used in a manner that poses a risk to the Platform or its users.

PAYMENT TERMS

All payments for purchases made through the Platform, whether as a User, Partner, or Affiliate, are governed by Yakura's Payment Policy, which is a standalone document that provides detailed terms regarding payment methods, timing, billing cycles, and responsibilities. By making any payment on the Platform, you acknowledge that you have read, understood, and agreed to the terms outlined in the Payment Policy. Key points of the Payment Policy include:

  • Payment Methods: Payments for products or services on the Platform may be processed through various payment methods, including but not limited to credit cards, debit cards, and electronic wallets, as specified during the checkout process.
  • Payment Timing: Payment for all purchases must be made at the time of transaction, and access to the purchased products or services will only be granted once full payment has been received.
  • Billing Disputes: If you believe there has been an error in billing, you must notify Yakura's support team within 30 days of the charge in question. Failure to report a billing dispute within this period may result in the loss of your right to dispute the charge.
  • Currency and Fees: All payments are processed in the currency indicated on the Platform at the time of purchase, and you may be responsible for any additional transaction fees, including those imposed by your payment provider or any applicable taxes.
  • Affiliate and Partner Payments: Payments to Affiliates and Partners for commissions or revenue share will be subject to the terms outlined in their respective agreements, and may be adjusted if any refunds are issued to Users. Yakura reserves the right to withhold or delay payments if fraudulent activity is suspected.

The full and complete terms regarding payments, including specific provisions for each role on the Platform, can be found in the Payment Policy. This Policy is subject to change, and Yakura reserves the right to update or modify the Payment Policy at any time without prior notice. It is your responsibility to review this Policy periodically. Continued use of the Platform constitutes your acceptance of any changes made to the Payment Policy.

By proceeding with any payment on the Platform, you agree to be bound by the Payment Policy and acknowledge that you have read and understood its contents.

REFUND POLICY

All refund requests and related procedures are governed by our Refund Policy, which is hereby incorporated into these Terms by reference. The Refund Policy outlines the conditions under which refunds may be issued, the process for submitting a request, and any applicable limitations or exclusions.

By making a purchase on the Platform, you acknowledge and agree that:

  • You have read and understood the Refund Policy;
  • You are bound by the terms and conditions set forth therein; and
  • Refunds, if any, are granted at Yakura's sole discretion in accordance with the Refund Policy.

Partners agree to comply with Yakura's refund decisions and acknowledge that refunds issued to Users may result in adjustments to Partner payouts.

Yakura reserves the right to update or modify the Refund Policy at any time without prior notice. Continued use of the Platform after such changes constitutes your acceptance of the updated Refund Policy.

RESELLING

Reselling, sublicensing, redistribution, or unauthorized commercial use of any software, SaaS product, or digital content obtained through the Platform is strictly prohibited. By purchasing or accessing a product on Yakura, you agree that:

  • You are acquiring a license for personal or internal business use only, subject to any specific license terms imposed by the Partner;
  • You may not resell, transfer, sublicense, distribute, or make the product available to any third party, whether for profit or otherwise, without the express prior written consent of both Yakura and the Partner;
  • You may not offer Yakura-listed products as part of a bundle, subscription, or resale platform;
  • Any attempt to bypass this restriction—including through duplicate listings, clone services, or indirect sale methods—constitutes a material breach of these Terms.

Violation of this section may result in immediate suspension or termination of your account, forfeiture of access to previously purchased products, and potential legal action.

OUR INTELLECTUAL PROPERTY

The Platform, including all software, source code, architecture, visual interfaces, design elements, algorithms, features, functionality, logos, trademarks, trade dress, service marks, documentation, and all other intellectual property and proprietary materials (collectively, the "Yakura IP"), is and shall remain the sole and exclusive property of Yakura and its licensors. You acknowledge and agree that:

  • Yakura owns all rights, title, and interest in and to the Yakura IP, whether registered or unregistered, and such rights are protected under U.S. and international copyright, trademark, trade secret, and other intellectual property laws;
  • You may not copy, reproduce, modify, distribute, display, create derivative works of, sell, license, or otherwise exploit any part of the Yakura IP without our prior express written consent;
  • The Yakura name, logo, and other branding elements may not be used in any manner that implies an affiliation with, or endorsement by, Yakura without prior authorization;
  • No rights or licenses are granted to you by implication, estoppel, or otherwise except as expressly stated in these Terms.

Subject to your compliance with these Terms, Yakura grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for its intended purpose.

Any unauthorized use of the Yakura IP is strictly prohibited and may result in the suspension or termination of your account, as well as legal action.

THIRD PARTY INTELLECTUAL PROPERTY

The Platform may include third-party software, content, trademarks, logos, patents, and other intellectual property ("Third Party IP") that is licensed to Yakura for use on the Platform or is otherwise incorporated into or displayed through the Platform. These third-party materials are provided under the terms of their respective licenses and are the property of their respective owners. You acknowledge and agree that:

  • No Ownership Rights: Your use of the Platform does not grant you any rights, title, or interest in any Third Party IP. All such rights remain with the respective third-party owners.
  • Use of Third Party Content: You may only use Third Party IP as expressly permitted by the terms and conditions under which such Third Party IP is made available through the Platform, and in compliance with all applicable laws and regulations.
  • License to Use: By using the Platform, you may be granted a limited, non-exclusive, non-transferable license to use Third Party IP as part of the services provided by Yakura, but only in the context of the specific use case authorized under these Terms. This license may not be sublicensed, assigned, or transferred without the prior written consent of the respective third-party owner.
  • Infringement of Third Party IP: If you believe that any Third Party IP is being used inappropriately on the Platform, or that your intellectual property rights have been infringed upon by any content or materials available on the Platform, please contact us immediately. We will investigate the claim and take appropriate action, which may include removing infringing content or addressing any related concerns.
  • Indemnification: You agree to indemnify and hold harmless Yakura and its licensors against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your infringement of Third Party IP rights or unauthorized use of third-party materials.
  • No Warranty: Yakura does not warrant or represent that the use of any Third Party IP on the Platform will not infringe upon the rights of third parties. You are responsible for ensuring that your use of the Platform, and any related Third Party IP, does not violate the intellectual property rights of others.
  • Compliance with Laws: You must comply with all applicable intellectual property laws, including those governing the use, reproduction, or distribution of third-party content, and shall respect the intellectual property rights of others when using the Platform.

If you are a third-party intellectual property holder and believe your rights are being infringed upon, please refer to our Copyright and Intellectual Property Policy to submit a formal complaint.

TERMINATION

Yakura reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform, with or without notice, for any reason, including but not limited to:

  1. Violation of Terms: If you violate any of the terms set forth in these Terms of Use, the Partner Terms, the Affiliate Terms, or any other applicable policies incorporated by reference. This includes, but is not limited to, unauthorized use of the Platform, infringement of Yakura's or third-party intellectual property rights, or failure to comply with payment obligations.
  2. Misuse or Abuse: If your use of the Platform is deemed abusive, harmful to the Platform or its users, or disruptive to the services provided, including the upload or distribution of malicious software, inappropriate content, or engaging in fraudulent activities.
  3. Failure to Comply with Obligations: If you fail to fulfill your obligations as a Partner or Affiliate, including but not limited to the proper submission of products or promotion of products in accordance with the guidelines provided by Yakura.
  4. Request by Legal Authorities: If required by law, regulation, court order, or governmental request, we may suspend or terminate your access to the Platform.
  5. At Our Discretion: Yakura may suspend or terminate your account for any other reason that we, at our sole discretion, deem necessary to protect the integrity, security, or operation of the Platform, or to comply with applicable laws.

Consequences of Termination: Upon termination of your account, for any reason:

  1. Access to the Platform: You will no longer have access to the Platform, including any associated content, features, or services. Any licenses granted to you for the use of the Platform will immediately cease.
  2. Effect on Payments: Any outstanding payments due to you for completed transactions will be processed in accordance with the applicable payment terms, subject to deductions for any refund claims or disputes.
  3. Obligations of Partner and Affiliate: Partners and Affiliates may still be responsible for obligations incurred before termination, including outstanding payments, content removal, or continued adherence to confidentiality and intellectual property terms.
  4. No Liability: Yakura will not be liable for any damages or losses incurred due to account termination, including but not limited to loss of access to purchased products, revenue, or any other impact resulting from the suspension or termination of your account.
  5. Data Deletion: We may retain certain data for legal, audit, or compliance purposes, but all data and content associated with your account will be deleted or deactivated upon termination, subject to applicable retention requirements.

Reactivation of Account: If your account has been suspended or terminated, you may request the reactivation of your account by contacting Yakura's support team. Reactivation, if granted, will be at Yakura's sole discretion, and any conditions for reactivation will be determined on a case-by-case basis.

USER OBLIGATIONS

By accessing or using the Platform, you agree to comply with all obligations outlined in these Terms. Your use of the Platform is conditioned upon your adherence to the following requirements:

  • Lawful and Ethical Use: You agree to use the Platform only for lawful purposes and in accordance with all applicable laws, regulations, and these Terms. You may not use the Platform for any unlawful, fraudulent, or malicious activities, including but not limited to harassment, stalking, defamation, or identity theft. The Platform must not be used to infringe upon the privacy, rights, or legal protections of others.
  • Accuracy of Information: You are responsible for providing accurate, current, and complete information when creating an account and throughout your use of the Platform. Misrepresentation of your identity, purpose, or other relevant details is strictly prohibited and may result in the suspension or termination of your account.
  • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. If you suspect unauthorized access to your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
  • Prohibition on Unauthorized Access: You may not attempt to gain unauthorized access to the Platform, servers, or databases, nor may you interfere with or disrupt the operation of the platform. This includes but is not limited to using automated tools, bots, or scripts to access or extract data, reverse-engineering the platform, or deploying malware or other harmful software.
  • Compliance with Disclaimers and Limitations: You acknowledge and agree to abide by all disclaimers, warnings, and limitations provided within these Terms or on the platform. This includes understanding the inherent limitations of the data and the permissible uses of the Platform.

Failure to adhere to these obligations constitutes a breach of these Terms and may result in the suspension or termination of your account, as well as potential legal action. By using the Platform, you accept full responsibility for your actions and agree to indemnify us against any claims, damages, or liabilities arising from your misuse of the Platform. You further acknowledge that you are solely responsible for ensuring that your use of the Platform is lawful and compliant with all applicable laws.

RESTRICTIONS ON USE

Your access to and use of the Platform is subject to the following restrictions. By using the Platform, you agree not to engage in any activity that violates these Terms or applicable laws, including but not limited to:

  • Unauthorized Access: You may not attempt to gain unauthorized access to the Platform, servers, systems, or networks connected to the platform. This includes, but is not limited to, hacking, password mining, or any other means of circumventing security measures.
  • Automated Data Collection: The use of bots, scripts, crawlers, or other automated tools to scrape, extract, or harvest data from the Platform is strictly prohibited. All data must be accessed manually through authorized methods provided by the platform.
  • Reverse Engineering: You may not attempt to decompile, reverse-engineer, disassemble, or otherwise manipulate the underlying code, algorithms, or architecture of the platform.
  • Disruption of Platform: You may not engage in any activity that interferes with or disrupts the functionality or performance of the platform, including overloading servers, introducing malicious software, or engaging in denial-of-service attacks.
  • Impersonation and Misrepresentation: You may not impersonate any individual or entity or misrepresent your identity, intent, or affiliation when using the Platform. Misuse of the platform to conduct fraudulent or deceptive activities is strictly prohibited.
  • Prohibited Content: You may not upload, post, or transmit any content through the Platform that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
  • Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Platform. This includes but is not limited to data protection laws, privacy laws, and intellectual property laws.

Violating these restrictions may result in the suspension or termination of your account, denial of access to the Platform, and potential legal action. We reserve the right to investigate suspected violations and take appropriate action, including reporting unlawful activities to law enforcement authorities.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the operators of the Platform, their affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your Use of the Platform: Any misuse, unauthorized use, or illegal activity involving the Platform or information obtained through the Platform, including violations of these Terms or applicable laws.
  • Breach of Agreement: Your breach or violation of any provision of these Terms, including but not limited to representations, warranties, or obligations outlined herein.
  • Third-Party Claims: Any claims made by third parties arising from or related to your use of the Platform, including claims alleging unauthorized access, misuse of information, or infringement of intellectual property, privacy, or other rights.
  • Account Security: Any unauthorized activity conducted through your account, whether by you or any person who accesses the Platform using your credentials.

The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with the defense of such claims and refrain from entering into any settlement that imposes liability or obligations on the Indemnified Parties without their prior written consent.

This indemnification obligation survives the termination of your use of the Platform or the expiration of these Terms. You acknowledge and agree that your indemnification obligations are intended to protect the Indemnified Parties from any harm or liability resulting from your actions or misuse of the Platform.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YAKURA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT PAID BY YOU TO YAKURA DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR IF NO PAYMENT HAS BEEN MADE, $100.

THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, the Released Parties' liability will be limited to the maximum extent permitted by applicable law.

You acknowledge and agree that the limitations of liability set forth in this section reflect a fair allocation of risk, and that Yakura would not provide the Platform to you without these limitations.

DISCLAIMER OF WARRANTIES

The Platform are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, the operators of the Platform, their affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Disclaiming Parties") expressly disclaim all warranties, including but not limited to:

  • Implied Warranties: Any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
  • Service Availability: Any warranties that the Platform will be uninterrupted, error-free, or free from harmful components such as viruses or malware.
  • Accuracy of Information: Any warranties regarding the completeness, reliability, or accuracy of the data, reports, or information provided through the Platform.
  • Results or Outcomes: Any warranties or representations that the Platform will meet your requirements, expectations, or intended use, or that the results obtained from using the Platform will be accurate or reliable.

You assume full responsibility for your use of the Platform and any information obtained through them. The Disclaiming Parties are not responsible for any decisions or actions you take based on the data or reports provided, and you use the Platform entirely at your own risk.

Certain jurisdictions do not allow the exclusion of certain warranties. If these laws apply to you, some or all of the above exclusions may not apply, and you may have additional rights under applicable law. However, any warranties not expressly disclaimed herein are limited to the maximum extent permitted by law.

By using the Platform, you expressly agree to this disclaimer of warranties and acknowledge that the Disclaiming Parties shall not be held liable for any issues arising from your use of the Platform. If you are dissatisfied with the Platform, your sole remedy is to discontinue their use.

NO GUARANTEE

You understand that Yakura does not develop, manufacture, or provide support for the software products listed on our Platform. We act solely as a marketplace connecting independent developers (our Partners) with Users. As such, we cannot and do not make any representations or warranties about the quality, safety, performance, or legality of the products sold. Any legal claims, defects, or issues with products you purchase through Yakura must be directed to the respective Partner, not Yakura. By making a purchase on the Platform, you release Yakura from any liability related to the products, including claims for defective products, misrepresentations by Partners, or any damages arising from their use.

You may encounter content uploaded by other Users or Partners that you find inappropriate, misleading, or offensive. While we strive to maintain a safe and reliable Platform, we do not endorse or guarantee the accuracy, legality, or appropriateness of any content posted by third parties. You agree to release Yakura from all liability relating to such content, including but not limited to claims for intellectual property infringement, harm caused by the content, or violation of applicable laws.

Our Platform may contain links to or integrations with third-party websites, services, or platforms, including those operated by our Partners. We do not control or endorse these third-party services and make no representations regarding their availability, quality, or compliance with applicable laws. When you access or use third-party services, you do so at your own risk, and you agree to be bound by the terms of use of those third parties.

Yakura is dedicated to providing a functional and secure marketplace, but we cannot guarantee that our services will always be available, uninterrupted, or error-free. You understand that the Platform is provided "as is," without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that:

  • The Platform will be secure, uninterrupted, or available at any specific time or location;
  • Any defects, errors, or inaccuracies in the Platform will be corrected;
  • The Platform will be free from viruses, malware, or other harmful components; or
  • The results or outcomes of using the Platform will meet your expectations or requirements.

You use the Platform solely at your own risk, and some jurisdictions may not allow the exclusion of certain warranties. In such cases, the above limitations may not apply to you.

EQUITABLE RELIEF

You acknowledge and agree that any unauthorized use of the Platform, including but not limited to accessing, distributing, or using the information, data, or intellectual property in violation of these Terms, may cause irreparable harm to the operators of the Platform and their affiliates. In such cases, monetary damages may not provide a sufficient remedy, and the operators of the Platform shall be entitled to seek injunctive or other equitable relief to prevent or mitigate such harm without the necessity of posting a bond or other security. You further agree that:

  • Scope of Relief: Equitable relief may include, but is not limited to, temporary restraining orders, preliminary and permanent injunctions, and specific performance.
  • Non-Exclusive Remedies: The availability of equitable relief does not preclude the operators of the Platform from seeking any other remedies available under applicable law, including monetary damages or legal costs.
  • Consent to Jurisdiction: You consent to the jurisdiction of any court with proper authority to grant such equitable relief and agree to cooperate fully with any proceedings necessary to enforce these Terms.

Any breach or threatened breach of these Terms, particularly concerning the misuse of proprietary data, intellectual property, or other confidential materials, shall entitle the operators of the Platform to seek immediate and appropriate equitable relief in addition to any other remedies available at law or in equity.

PROHIBITED USES

Users are required to adhere to specific standards of conduct to maintain the integrity and functionality of the Service. The following activities are strictly prohibited on the Service and constitute a violation of these Terms:

  • Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.
  • Infringement of Intellectual Property: Users are prohibited from posting, uploading, sharing, or otherwise distributing any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.
  • Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.
  • Misrepresentation and Impersonation: Users are forbidden from impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity. This also includes providing false or misleading information during the account creation or verification process.
  • Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.
  • Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
  • Content Violations: Users are prohibited from posting or transmitting content that is violent, pornographic, discriminatory, or otherwise offensive or inappropriate, as determined in the sole discretion of Yakura.
  • Bypassing Security Measures: Attempting to bypass any measures Yakura may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.

Violations of these prohibited uses may lead to immediate termination of the user's account and legal action, where appropriate.

DATA PRIVACY

Your privacy is important to us. By using the Platform, you acknowledge and agree that any data you provide or that we collect during your use of the Platform is governed by our Privacy Policy. Our Privacy Policy outlines how we collect, use, store, and protect your information.

We use data collected through the Platform to provide you with accurate and reliable results, improve our offerings, and ensure compliance with applicable laws. By continuing to use the Platform, you consent to our data collection and handling practices as described in the Privacy Policy.

THIRD PARTY LINKS

The Platform may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.

When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party Platform and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.

The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or Platform available on or through any such third-party websites or Platform. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.

The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by the Company of those websites, their operators, or the content, products, or Platform contained or accessible through those websites.

We reserve the right, at any time and without notice, to add to, change, update, or modify our Platform, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.

DISPUTE RESOLUTION

You and Yakura agree that any disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or your use of the Platform shall be resolved exclusively by binding arbitration rather than in court. This includes, but is not limited to, claims related to the validity, interpretation, or enforcement of these Terms, the Platform's functionality, your access to or use of the Platform, and any issues that may arise with third-party content or services.

The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) or a similar alternative dispute resolution service. The arbitration will be conducted in the English language, and the location of the arbitration shall be in [insert location, e.g., Delaware].

You and Yakura agree to submit to the jurisdiction of the chosen arbitration service and to pay for any costs related to the arbitration, as determined by the arbitrator, in accordance with the rules of the AAA.

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or other proprietary rights, without waiving any other remedy available under this section.

GOVERNING LAW

These Terms of Service and any disputes arising out of or related to the use of the Company's services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. By agreeing to these Terms, you consent to the exclusive jurisdiction and venue of the courts located in Ontario, Canada, for the resolution of any disputes arising out of or relating to these Terms. You further agree that any legal action or proceeding related to these Terms will be conducted in the English language.

AMENDMENTS

We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Platform. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our Platform after the modifications have been made, you agree to be bound by the revised Terms.

  • Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our Platform. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
  • Continued Use: By continuing to access our website and use our Platform after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Platform and Platform.
  • Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
  • Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and Platform, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.

Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.

WAIVER

The failure or delay of Yakura in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Any waiver by Yakura of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of Yakura. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

No waiver by Yakura 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 Yakura to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

HEADINGS

The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.

  • Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
  • Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
  • Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
  • No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.

Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.

SEVERABILITY

In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

CONTACT US

Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our products or Platform, please feel free to contact us through any of the following channels:

  • Email: [Insert Email]

Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.

Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.

No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.

Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.

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VAT included in all prices where applicable.

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