Terms and Conditions
Summary
- CHAPTER I – PRIVACY
- CHAPTER II – YIMI ACCOUNT REGISTRATION
- CHAPTER III – REVISIONS, DISCLOSURES, AND NOTICES
- CHAPTER IV – RESTRICTIONS
- CHAPTER V – COMPATIBLE MOBILE DEVICES AND CARRIERS
- CHAPTER VI – YOUR CONTENT
- CHAPTER VII – INTELLECTUAL PROPERTY INFRINGEMENT
- CHAPTER VIII – SECURITY
- CHAPTER IX – COMMUNICATIONS
- CHAPTER X – PAID SERVICES
- CHAPTER XI – MODIFICATION AND TERMINATION
- CHAPTER XII - EFFECT OF TERMINATION
- CHAPTER XIII - YOUR LICENSE
- CHAPTER XIV - OWNERSHIP
- CHAPTER XV - INDEMNIFICATION
- CHAPTER XVI - REPRESENTATIONS AND WARRANTIES
- CHAPTER XVII - NO WARRANTIES
- CHAPTER XVIII - LIMITATION OF LIABILITY AND DAMAGES
- CHAPTER XIX - Third-Party Products
- CHAPTER XX - Claims
- CHAPTER XXI - Binding Individual Arbitration
- CHAPTER XXII - Governing Law
- CHAPTER XXIII - Time Limit to Bring a Claim
- CHAPTER XXIV - Assignment
- CHAPTER XXV - YIMI PARTNERS PROGRAM
- CHAPTER XXVI - Third-Party Services and Links to Other Websites
- CHAPTER XXVII - Other Provisions
Hi! These general terms of service ("General Terms") are a legal contract between you ("you", "your") and Xilion Software ("Yimi", "we", "our", or "us") and govern your use of Yimi's services, including mobile apps, websites, software, and other products and services (collectively, the "Services"). If you are using the Services on behalf of a company, you represent that you have the authority to bind that company or entity to these terms and that the company accepts these terms. By using any of the Services you accept these General Terms and any policy referenced in them (the "Policies"), including terms that limit our liability (see Section 18) and require individual arbitration for any potential legal dispute (see Section 21). You also accept any additional terms specific to the Services you use ("Additional Terms"), such as those listed below, which are part of your contract with us (collectively, the "Terms"). You should read all of our terms carefully.
CHAPTER I – PRIVACY
You accept Yimi's Privacy Policy, which explains how we collect, use, and protect the personal information you provide us.
CHAPTER II – YIMI ACCOUNT REGISTRATION
You must open an account with us (a "Yimi Account") to use the Services. Our registration process will ask you for information, which may include, among other things, your name and other personal data. You must provide accurate and complete information in response to our questions, and you must keep that information up to date. You are fully responsible for all activity that occurs under your Yimi Account, including any action taken by people to whom you have granted access to your Yimi Account. We reserve the right to change the account type, suspend, or terminate the Yimi Account of any user who provides inaccurate, false, or incomplete information, or who fails to meet the account registration requirements.
CHAPTER III – REVISIONS, DISCLOSURES, AND NOTICES
We may modify the Terms at any time by giving notice we consider reasonable under the circumstances, by posting a revised version on our website, or by communicating this through the Services (each a "Revised Version"). The Revised Version will take effect once posted, but will not apply retroactively. Your continued use of the Services after a Revised Version is posted constitutes your acceptance of that Revised Version. Any Claim (as defined in Section 20) that arose before the changes will be governed by the Terms in effect when the Claim arose.
You agree that Yimi may issue disclosures and notices as required by law, and post other information about your Yimi Account electronically by posting it on our website, sending push notifications through the Services, or emailing the address registered to your Yimi Account. Electronic information and notices carry the same meaning and effect as if delivered to you in printed paper copies. You are deemed to have received such information and notices within 24 (twenty-four) hours of the time it was posted on our website, or within 24 (twenty-four) hours of the time it was emailed to you, unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receive electronic communications, contact Yimi's Help Center. If we are unable to accommodate your request, the resolution may be termination of your Yimi Account.
Use of Intercom. To provide the Email Marketing Service, we currently use the Intercom API as a Third-Party Service. Your use of the Email Marketing Service is governed by Intercom's own terms and policies, including, without limitation, Intercom's Terms of Use and Intercom's Privacy Policy ("Intercom Terms"). The Intercom Terms are in addition to these Terms, and you will comply with both as applicable to the Email Marketing Service.
CHAPTER IV – RESTRICTIONS
You may not, and may not permit any third party to, do any of the following, whether directly or indirectly:
- access or monitor any material or information on any Yimi system using any manual process, or by means of a robot, spider, scraper, or any other automated means;
- violate the restrictions in any robot-exclusion headers on the Services, use alternate routes, bypasses, or workarounds for any technical limitations of the Services, use any tool to enable features or functionality that are otherwise disabled in the Services, or decompile, disassemble, or reverse-engineer the Services, except to the extent such restriction is expressly prohibited by applicable law;
- take or attempt any action that interferes with the proper functioning of the Services, prevents other users from accessing or using the Services, or imposes an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, alter, modify, create derivative works from, publicly display, republish, upload, post, transmit, resell, or otherwise distribute Yimi material, information, or Services in any way;
- use or benefit from the Services through a rental, leasing, timeshare, service-bureau, or other arrangement;
- transfer any rights granted to you under these General Terms;
- use the Services in any way that distracts you or prevents you from complying with traffic or safety laws;
- use the Services to sell firearms, gun parts, ammunition, weapons, or other devices designed to cause physical harm;
- use the Services for any illegal activity or illegal products in any way that exposes you, other Yimi users, our partners, or Yimi to harm;
- otherwise use the Services except as expressly permitted under these Terms.
If we reasonably suspect that your Yimi Account has been used for an unauthorized, unlawful, or criminal purpose, you authorize us to share information about you, your Yimi Account, and any of your transactions with law-enforcement agencies.
CHAPTER V – COMPATIBLE MOBILE DEVICES AND CARRIERS
We do not guarantee that the Services will be compatible with your mobile device or carrier. Use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your phone carrier. You may not use a modified device to use the Services if the modification conflicts with the manufacturer's software or hardware guidelines, including devices with hardware or software controls disabled — sometimes referred to as "unlocked" or "jailbroken."
CHAPTER VI – YOUR CONTENT
The Services may include a feature to upload or provide suggestions, recommendations, reviews, stories, photographs, documents, logos, products, loyalty programs, promotions, advertisements, and other materials or information ("Content").
You grant us, and our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, publicly perform, and publicly display such Content anywhere in the world, through any medium and for any purpose, including to provide, promote, and/or incorporate it into the Services.
You retain all rights in your Content, subject only to the rights you grant us under these General Terms. If you want to modify or remove your Content, you may do so through your Yimi Account, or you may close your Yimi Account — however, your Content may remain in archived copies, history, or cache available in or through the Services.
You agree not to upload or provide Content, or post, transmit, distribute, or otherwise make available through the Services, any material that is:
- (a) false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, offensive, abusive, or inflammatory;
- (b) encourages conduct that could be considered a criminal offense or give rise to civil liability;
- (c) violates or infringes on the obligations owed to, or the rights of, any person or entity, including rights of publicity, privacy, or intellectual property;
- (d) contains corrupted data or other files that cause damage, disruption, or destruction;
- (e) advertises products or services that compete with Yimi's or its partners' products and services, as determined at Yimi's sole discretion;
- (f) is, in Yimi's sole opinion, objectionable, or that restricts or inhibits any other person or entity's use or enjoyment of any part of the Services, or that could expose Yimi, its affiliates, or its customers to any harm or liability of any kind.
While we have no obligation to monitor Content, we reserve full discretion to remove Content at any time, for any reason, and without notice.
Yimi may also monitor Content to detect and prevent fraudulent activity or violations of Yimi's General Terms. You agree that, by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
We assume no responsibility for any Content, nor for any damages or losses relating to any Content.
Your content and content restrictions. In addition to the provisions governing your "Content," you agree to the following:
Ownership of content. You are responsible for all Content you upload, post, transmit, or otherwise make available through the Services. Your Content does not include e-commerce transaction data or non-personally-identifying behavioral data derived from your use of our Services (collectively, "Platform Data"). Yimi owns all Platform Data and uses it to operate and improve the Services.
With respect to Content, you are solely responsible for backing up your Content. We may also retain your Content and disclose it to the relevant government authority if required by law.
Content restrictions. In addition to the restrictions set out in these Additional Product Terms, the General Terms, and the Payment Terms, you may not download, post, transmit, or otherwise make available any content that:
- (i) conveys hatred toward or dehumanizes a protected class;
- (ii) is unsolicited commercial email or "spam," including unethical marketing, advertising, or any other activity connected in any way with "spam";
- (iii) is designed to take advantage of users, such as "get rich quick" schemes, "get paid to browse the internet" schemes, pyramid or multi-level marketing (MLM) schemes, or any other dubious scheme;
- (iv) is pornographic or displays genitalia.
That harms minors in any way; that "stalks," "bullies," or otherwise harasses another person; that impersonates any person or entity, including without limitation a Yimi employee, a forum leader, a guide, or host, or that falsely states or otherwise misrepresents your affiliation with a person or entity; that forges headers or otherwise manipulates identifiers to disguise the origin of any Content transmitted through the Services; that interferes with or disrupts the Services or the servers or networks connected to the Services, or that disobeys any requirement, procedure, policy, or regulation of the networks connected to the Services; that willfully or unintentionally violates any applicable local, state, federal, or foreign law or regulation; that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals — this may include, without limitation, providing instructions on how to assemble bombs, grenades, or other weapons or incendiary devices; that uses the Services as a relay to another website, or that fraudulently manipulates Google or other SEO rankings, or Facebook or other social-network "likes" and similar voting mechanisms; that solicits a third party's password, personally identifying information, or confidential user credentials for unlawful or phishing purposes; that exceeds the scope of the Services you subscribed to (for example, by accessing and using tools you are not entitled to use, or by removing, adding, or otherwise altering other users' comments or content); that contains excessive advertising on your website, including more than three ad units per page, or any advertising that materially reduces your website's usability; that creates a website that provides a harmful user experience through custom programming — examples include, without limitation, excessive pop-up banners, excessive animated motion, or Content that could trigger seizures in unsuspecting visitors; that abuses our customer-support email, chat, or phone agents; or that otherwise engages in any conduct while using the Services that is harmful to the reputation of the Services or Yimi, as determined at Yimi's sole discretion. We reserve the right to remove any account or user that has violated any of the foregoing prohibitions.
You are solely responsible for the accuracy, quality, completeness, legality, reliability, and appropriateness of all customer information (such as contact lists) ("Customer Information"). You are responsible for maintaining, securing, and storing all Customer Information in accordance with applicable law and your contractual obligations, including these Terms. You represent and warrant that you own or have rights to the material in your emails and the Customer Information we require to use such Customer Information as contemplated by these Terms.
By using the Email Marketing Service, you agree that all emails, messages, and Content included in them are not confidential, and you automatically grant and warrant that the owner of such Content or intellectual property grants us (or grants us a sublicense through you) a non-exclusive, royalty-free, perpetual, transferable, worldwide, sublicensable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such Content or intellectual property in any manner or medium now known or later created, including in connection with our marketing and promotional activities.
To the extent permitted by law, we may make and retain copies of all Customer Information necessary to provide the Email Marketing Service and for internal backup and other legal or regulatory purposes. However, we are not required to retain copies of your Customer Information, emails and messages, Content, or other data. You are responsible for backing up your Customer Information.
CHAPTER VII – INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of third parties and expect you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes on others' rights. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
CHAPTER VIII – SECURITY
We have implemented technical and organizational measures designed to protect your personal information against accidental loss, or unauthorized access, use, modification, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You are responsible for safeguarding your password and restricting access to the Services from your compatible mobile devices and computers. You will notify us immediately of any unauthorized use of your password or Yimi Account, or any other security breach. Without prejudice to Sections 20 and 21, in the event of any claim between two or more parties regarding account ownership, we will be the sole arbiter of that claim at our sole discretion. Our decision — which may include the termination or suspension of any Yimi Account subject to the claim — will be final and binding on all parties.
CHAPTER IX – COMMUNICATIONS
You consent to receive communications from us, including email, text messages, calls, and push notifications, at the mobile phone number you provide us when you create a Yimi Account or when you update the contact information associated with your account.
Such communications may include, among others, secondary authentication requests, receipts, reminders, notifications about account updates or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text-message communications may be generated by automatic telephone dialing systems.
Standard message and data rates from your mobile carrier may apply to the text messages we send you.
You can opt out of promotional email communications we send you by following the unsubscribe options in those emails.
CHAPTER X – PAID SERVICES
Yimi may offer Services that must be paid for on a recurring basis ("Subscription Services"). Subscription Services may subject you to recurring charges and/or terms. By signing up for a Subscription Service, including the period after any free trial, you agree to pay us the subscription fee and any applicable taxes as set out in your Yimi Account settings, or as otherwise agreed in writing ("Subscription Fee"). On-Demand Services may subject you to usage-based charges and/or terms. By using an On-Demand Service, you agree to pay the charges and any taxes incurred at the time of use.
Payment of Paid Service Fees may be made by debit card, credit card, or by deduction from your transaction earnings. If you link a debit or credit card to your account, you authorize us to debit the Paid Service Fees from your linked debit card or charge them to your linked credit card. Regardless of the payment method, we reserve the right to collect Paid Service Fees by deducting them from your transaction earnings, from the Balance (as defined in the Payment Terms) in your Yimi Account, or from your linked bank account.
Unless otherwise specified in a Subscription Service's terms, Subscription Fees will be collected on the 1st (first) day of each month until canceled. You may cancel a Subscription Service at any time in your Yimi Account settings. Upon canceling a Subscription Service, you will have access to it through the end of the current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee with 30 (thirty) days' prior notice. Continued use of the Subscription Services after notice of any change constitutes your acceptance of that change.
AT THE END OF YOUR SUBSCRIPTION PERIOD, IT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL SUBSCRIPTION PERIOD OF THE SAME LENGTH UNTIL YOU ACTIVELY CANCEL THE SUBSCRIPTION, AND YOU WILL BE CHARGED ACCORDINGLY ON YOUR PREFERRED PAYMENT METHOD. YOU MAY TURN OFF AUTO-RENEWAL FOR YOUR CURRENT SUBSCRIPTION AT ANY TIME. YOU MAY SUBMIT CANCELLATION REQUESTS BY CONTACTING US THROUGH OUR HELP CENTER AT ANY TIME.
CHAPTER XI – MODIFICATION AND TERMINATION
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Yimi Account or your access to any Service, at any time and for any reason. We may add or remove, suspend, delete, discontinue, or impose conditions on the Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other kinds of changes by email or the next time you attempt to access your Yimi Account. You may also terminate the General Terms and any Additional Terms applicable to your Yimi Account by deactivating your Yimi Account at any time.
CHAPTER XII - EFFECT OF TERMINATION
If these General Terms or your Yimi Account are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end; (b) we may (but are not obligated to) delete all of your information and account data stored on our servers; and (c) we will not be liable to you or any third party for compensation, refunds, or damages arising from any termination or suspension of the Services, or from the deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of the General Terms will survive termination and remain in effect according to their terms: 6 (Content), 7 (Intellectual property infringement), 12 (Effect of termination), 14 (Ownership), 15 (Indemnification), 16 (Representations and warranties), 17 (No warranties), 18 (Limitation of liability and damages), 19 (Third-party products), 20 (Claims), 21 (Mandatory individual arbitration), 22 (Governing law), 23 (Time limit to bring a claim), 24 (Assignment), 25 (Third-party services and links to other websites), and 26 (Other provisions).
CHAPTER XIII - YOUR LICENSE
We grant you a limited, non-exclusive, revocable, non-transferable license, with no right of sublicense, to use the software that is part of the Services, in accordance with these General Terms. We may make software updates available to you, which you must install to continue using the Services. Any such software update may be subject to additional terms, which will be disclosed to you at that time.
CHAPTER XIV - OWNERSHIP
We reserve all rights not expressly granted to you in these General Terms. We are the owner of the title, copyright, and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
"Intellectual Property Rights" means all patent rights, copyrights, integrated circuit topography rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or in the future, and all related applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction.
You may submit comments or ideas about the Services ("Ideas"). By submitting an Idea, you agree that your submission is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the Idea without any additional compensation to you, or to disclose the Idea on a non-confidential basis or otherwise to anyone.
CHAPTER XV - INDEMNIFICATION
You will indemnify, defend, and hold us and our processors (and our respective employees, officers, agents, affiliates, and representatives) harmless from any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising from any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations under these Terms; (b) your misuse or improper use of the Services; (c) your violation of any third-party right, including any right of privacy, publicity, or intellectual property; (d) your violation of any law, rule, or regulation of any country; and (e) any access to and/or use of the Services with your unique name, password, or other appropriate security code by other parties.
CHAPTER XVI - REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (a) you are at least 18 (eighteen) years old; (b) you meet the requirements to register for and use the Services, and have the right, power, and capacity to enter into and comply with these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully reflects your business or personal identity under which you sell products and services; (d) you and all transactions you initiate will comply with all federal, state, and local laws, rules, and regulations applicable to you or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any way that interferes with the operation of the Services; and (f) your use of the Services will comply with these Terms.
CHAPTER XVII - NO WARRANTIES
"YIMI" AS USED IN SECTIONS 17 AND 18 REFERS TO YIMI, ITS PROCESSORS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, YIMI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YIMI DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, DEFECT-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Yimi does not warrant, endorse, or assume responsibility for any product or service offered or advertised by a third party. Yimi does not control and is not responsible for products or services paid for using the Services.
CHAPTER XVIII - LIMITATION OF LIABILITY AND DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YIMI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF THE USE, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ANY EVENT, YIMI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL YIMI BE LIABLE FOR ANY DAMAGE, LOSS, OR HARM RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR YIMI ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YIMI'S TOTAL LIABILITY IS LIMITED TO THE GREATER OF (A) THE SUM OF THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 3 (THREE) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY CLAIM, OR (B) USD 500.
THIS LIMITATION OF LIABILITY ARTICLE APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YIMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CHAPTER XIX - Third-Party Products
All third-party products, including hardware, sold or included with the Services, are subject to the warranty and terms provided by their manufacturer. You must contact the manufacturer directly for any service, support, or warranty. Yimi offers no warranties, express or implied, for these third-party products, and disclaims any warranty of merchantability, non-infringement, or fitness for a particular purpose.
CHAPTER XX - Claims
"Claims" refers to any dispute between you and Yimi related to these Terms or the Services.
CHAPTER XXI - Binding Individual Arbitration
You and Yimi agree to resolve any Claim through a neutral arbitrator, on an individual basis. Class arbitrations, class actions, and representative actions are not permitted. You waive your right to a jury trial and to participate in a class action against Yimi.
CHAPTER XXII - Governing Law
These General Terms and any Claim are governed by the laws of Mexico, without regard to choice-of-law or conflict-of-law principles.
CHAPTER XXIII - Time Limit to Bring a Claim
Unless otherwise provided by law, you must bring any action related to a Claim within one year after the claim arose.
CHAPTER XXIV - Assignment
You may not transfer or assign these General Terms or the rights and licenses granted under them, and any attempted transfer or assignment is void.
CHAPTER XXV - YIMI PARTNERS PROGRAM
For over 3 years, Yimi has offered a product that simplifies the daily activities of formal and informal entrepreneurs in Mexico and around the world. It makes inventory management and the in-person and online sales process easier for many kinds of businesses, enabling professionalism, digitalization, and ease of use for all our customers. We're therefore looking for people interested in increasing their income, or who want to try working in a different way than they're used to. Below you'll find what Yimi offers and the terms for becoming part of it.
1. Registration and Free of Charge
It all starts with your registration. Every registration will be reviewed, and the interested party will receive a response from Yimi. Registering for the Yimi Partners Program is completely free. Yimi does not charge, and does not authorize any third party to charge, for registering in the program.
2. Subscription Commission
As a Yimi Partner, you'll offer entrepreneurs the opportunity to subscribe to Yimi. You'll earn a 20% commission on every monthly or annual Yimi subscription payment made by a user you referred through your unique link.
3. Eligibility and Renewals
You will only receive a commission for users who subscribe to Yimi for the first time and who have not been subscribers for at least the past two months. Renewals do not generate commissions.
4. Commission Calculation and Payment
Compensation is calculated monthly, and a consolidated statement is sent to the ambassador (you) by email before the fifth business day of the month following the calculation. Yimi will credit the payment to your linked Stripe account before the 20th of the calculation month.
5. Review Period
You have a period of 30 (thirty) calendar days from the date payment is credited to your registered bank account to raise any concern about the compensation amount. After this period, the payment will be considered unconditional and irrevocable.
6. Adjustments
Please note that your commission is paid only the first time a user subscribes to Yimi. If we notice that your referrals frequently renew their subscriptions with us, we may offer special terms to encourage you to keep generating more sales.
7. Termination
Yimi reserves the right to terminate this partnership agreement unilaterally and with immediate effect if the Yimi Partner engages in illegal or fraudulent activity, violates the terms of this agreement, or acts in a way that harms Yimi's reputation or interests. During the partnership period, and for one month after this agreement's termination, the Yimi Partner agrees not to directly or indirectly engage in activities that compete with the products or services offered by Yimi.
8. Confidentiality and Data Protection
The Yimi Partner agrees to keep confidential any confidential information provided by Yimi, and to comply with personal-data-protection legislation. Using personal data for any other purpose is prohibited.
9. Ethics and Conduct
The Yimi Partner and Yimi both adhere to guidelines of ethical, respectful, honest, and transparent conduct, and reject and condemn acts of corruption in all their forms.
10. Independence of the Parties
This agreement does not establish any form of partnership, employment relationship, or joint or several liability between the Parties. The Parties are independent, and each party will indemnify the other for any liability arising from labor claims or any other action brought by its employees or former employees, subcontractors, unions, or third parties.
11. Modification of the Agreement
Yimi reserves the right to modify the terms, conditions, or provisions of this agreement at any time. The Yimi Partner will be notified of any modification by email or other reasonable means. These terms are valid for a period of 12 (twelve) months from their publication and may renew automatically. However, please note that Yimi may modify them without prior notice. In that case, the new version will replace the previous one, and you may be notified by email. We recommend that
CHAPTER XXVI - Third-Party Services and Links to Other Websites
We offer services and links to third-party websites. If you choose to use these third-party services, you should review their terms and conditions, as we are not responsible for how they operate. Links to third-party websites do not imply our endorsement. Your use of those websites is governed by their own rules and policies, and our Privacy Policy does not apply while you're browsing them.
CHAPTER XXVII - Other Provisions
These General Terms constitute the entire agreement between you and Yimi with respect to the Services. In the event of a conflict with any other Yimi contract or policy, these General Terms will control. If any provision is found invalid, it will be adjusted to the extent permitted by applicable law, and the remaining provisions will remain in effect. These General Terms do not affect our rights under trade secret, copyright, and patent law. A waiver of any term does not imply a waiver of any other term in the future.