1. Acceptance of Terms
By creating an account on Yomi ("Service"), operated by Yomi Works LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.
You must accept these Terms in order to create an account and use the Service. Your continued use of the Service after any modifications to these Terms constitutes acceptance of the revised Terms.
2. Description of Service
Yomi is a cloud-based field operations management platform designed for trades businesses. The Service allows users to manage crews, jobs, timecards, scheduling, payroll data, and related field operations through a web-based application accessible at app.yomiworks.com.
The Service is provided "as is" and "as available." We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice.
3. Account Registration
To use the Service, you must:
- Be at least 18 years of age.
- Provide accurate, current, and complete registration information.
- Maintain the security and confidentiality of your account credentials.
- Maintain one account per individual person. Shared or duplicate accounts are not permitted.
- Provide a valid email address that you actively monitor.
You are solely responsible for all activity that occurs under your account. You must notify us immediately at support@yomiworks.com if you suspect unauthorized access to your account.
4. Subscription & Billing
- Plans and pricing are subject to change. We will provide at least 30 days' written notice before any price increase takes effect.
- Billing is automatic and recurring. All payments are processed securely through Stripe.
- Monthly subscriptions are non-refundable. If you cancel an annual subscription, you may receive a pro-rata refund for the unused portion of the term.
- Free trials do not require payment information. A trial account will not convert to a paid subscription unless you explicitly choose to upgrade.
- We reserve the right to suspend or restrict access to accounts with payments past due for more than 15 days.
5. User Data & Content
- You retain full ownership of all data and content you upload, create, or transmit through the Service ("Customer Content").
- We do NOT claim any ownership rights over your Customer Content.
- By using the Service, you grant Yomi Works LLC a limited, non-exclusive license to store, process, display, and transmit your Customer Content solely for the purpose of operating and providing the Service to you.
- We may use aggregated, anonymized data derived from usage of the Service for product improvement, analytics, and benchmarking purposes. Such data will never identify you or any individual user.
6. Acceptable Use
You agree NOT to:
- Use the Service for any illegal, fraudulent, or unauthorized purpose.
- Abuse, harass, or harm other users or the platform.
- Scrape, crawl, or extract data from the Service using automated means.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Share, transfer, or sell your account credentials to any other person.
- Upload or store malicious content, including viruses, malware, or any code designed to disrupt the Service.
- Attempt to gain unauthorized access to any systems, networks, or data associated with the Service.
- Use the Service in any manner that could damage, disable, or impair the Service or interfere with other users' access.
Violation of this Acceptable Use policy may result in immediate suspension or termination of your account without notice.
7. Service Availability & SLA
- We strive to maintain 99.5% uptime for the Service, but do not guarantee any specific level of availability.
- Scheduled maintenance will be performed with reasonable advance notice when possible.
- We are not liable for any downtime, data loss, or service interruptions, whether caused by technical failures, third-party services, or circumstances beyond our control.
- Force Majeure: We shall not be liable for any failure or delay in performance resulting from acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or any other circumstances beyond our reasonable control.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOMI WORKS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF YOMI WORKS LLC EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO YOMI WORKS LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED UNITED STATES DOLLARS ($500.00 USD).
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF YOMI WORKS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to indemnify, defend, and hold harmless Yomi Works LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service.
- Your Customer Content.
- Your violation of these Terms.
- Your violation of any rights of a third party, including intellectual property rights, privacy rights, or any applicable law or regulation.
10. Intellectual Property
Yomi Works LLC retains all rights, title, and interest in and to the Service, including all software, code, design, text, graphics, logos, trademarks, and other intellectual property associated with the platform.
Nothing in these Terms grants you any right, title, or interest in or to our intellectual property, except for the limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms.
You retain all rights to your Customer Content as described in Section 5.
11. Termination
- By You: You may terminate your account at any time through your account settings or by contacting support@yomiworks.com.
- By Us (for cause): We may terminate or suspend your account immediately, without prior notice, for violation of these Terms, non-payment, or any conduct that we determine, in our sole discretion, to be harmful to the Service, other users, or Yomi Works LLC.
- By Us (without cause): We may terminate your account for any reason with 30 days' written notice.
- Immediate Suspension: We reserve the right to immediately suspend access to your account if we reasonably believe your account poses a security threat or is being used in an abusive manner.
- Effect of Termination: Upon termination, you will have a 30-day window to export your data. After this period, your data will be permanently deleted in accordance with our data retention policy.
- Survival: The following sections shall survive termination of these Terms: Limitation of Liability (Section 8), Indemnification (Section 9), Intellectual Property (Section 10), Dispute Resolution (Section 15), and Governing Law (Section 14).
12. Data Deletion & Export
- You may request a data export at any time through the Service or by contacting support@yomiworks.com.
- Upon account closure, a 30-day grace period applies during which you may retrieve your data.
- After the grace period, your data will be permanently deleted from our active systems.
- Automated backups may retain copies of your data for up to 90 days after deletion from active systems, after which backup copies are also purged.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email to the address associated with your account.
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the changes take effect.
For significant changes that materially affect your rights or obligations, we may require you to explicitly re-accept the updated Terms before continuing to use the Service.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, United States, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or related to these Terms that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Montgomery County, Alabama, and you consent to the personal jurisdiction of such courts.
15. Dispute Resolution
Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at support@yomiworks.com and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration: If the dispute is not resolved informally, it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Montgomery County, Alabama.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
17. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Yomi Works LLC regarding your use of the Service. These Terms supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.
18. Contact
If you have any questions about these Terms of Service, please contact us:
Yomi Works LLC
Email: support@yomiworks.com
Website: yomiworks.com