Terms of Service

Effective Date: February 3, 2025

Welcome to Yap (the "App"), a mobile application owned and operated by Emily Labs, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the App, any related services, and any content provided through the App (collectively, the "Service").

By downloading, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

  1. Authority
    If you are using the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of the Service

Yap allows users to upload or link to PDF files, images, or websites and transforms them into audio podcasts using third-party application programming interfaces ("APIs"). The features and functionalities of the Service are subject to change at any time without notice.

3. User Content

  1. User Responsibility
    You are solely responsible for all content you provide to the App, including PDFs, images, and websites (collectively, "User Content"). You represent and warrant that you have all necessary rights, licenses, and permissions to upload or link to such User Content and to grant us the rights described in these Terms.
  2. License Grant
    By uploading or linking to User Content through the Service, you grant Emily Labs, LLC a worldwide, non-exclusive, royalty-free license to access, use, process, store, modify, copy, distribute, and display the User Content for the sole purpose of operating, supporting, and enhancing the Service. We do not claim any ownership over your User Content.
  3. Prohibited Content
    You agree not to upload, post, or otherwise transmit any User Content that:
    • Violates any applicable law or regulation.
    • Infringes any intellectual property or other proprietary rights of any party.
    • Is defamatory, libelous, obscene, pornographic, abusive, harassing, offensive, or otherwise objectionable.
    • Contains viruses or any other harmful files or programs.

4. Rights and Limitations

  1. Limitation on the Number of Podcasts
    We reserve the right to limit, at our sole discretion and without notice, the number of podcasts you can create or generate at any time.
  2. Moderation
    We reserve the right to review, moderate, and remove any User Content that violates these Terms or is deemed unsafe or inappropriate under generally accepted standards. We may also suspend or terminate your account if we determine, in our sole discretion, that your actions violate these Terms or create a safety or security risk.
  3. Voice Quality and Availability
    We may, at our sole discretion, reduce the quality or variety of the voices provided through our App at any time and without prior notice.
  4. No Service Level Agreement (SLA)
    We do not guarantee any specific level of performance, uptime, or availability of the Service. While we strive to maintain a reliable Service, we do not promise or offer an SLA or warranty regarding uninterrupted or error-free operation.

5. Third-Party APIs and Services

  1. Use of Third-Party Services
    The Service relies on APIs provided by third parties to convert text to speech. Your use of these third-party services may be subject to additional terms and conditions imposed by the respective third-party providers.
  2. No Control Over Third Parties
    We do not endorse and are not responsible or liable for any content, advertising, products, services, or materials available through such third-party APIs. You agree that Emily Labs, LLC shall not be liable for any damage or loss arising from your use of any third-party service.

6. Intellectual Property

  1. Ownership
    All content and materials (excluding User Content) available on the App, including text, graphics, logos, icons, images, and software, are the property of Emily Labs, LLC or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App solely for your personal, non-commercial use.
  2. Trademarks
    All trademarks, service marks, and trade names, including "Emily Labs," "Yap," and associated logos, are proprietary to Emily Labs, LLC. You may not use these marks without our prior written permission.

7. Prohibited Conduct

In addition to any other restrictions in these Terms, you agree that you will not:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • Interfere with or disrupt the Service or servers/networks connected to the Service.
  • Attempt to gain unauthorized access to the Service, accounts, or computer systems/networks.
  • Collect personal information about other users without their consent.
  • Use any automated means (e.g., bots, scrapers) to access the App for any purpose without our express written permission.

8. Disclaimers and Limitation of Liability

  1. Disclaimer of Warranties
    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMILY LABS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. No SLA
    We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that any defects will be corrected. No Service Level Agreement is provided or implied.
  3. Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY LAW, EMILY LABS, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

9. Indemnification

You agree to indemnify, defend, and hold harmless Emily Labs, LLC and its affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Service.

10. Termination

  1. Termination by You
    You may stop using the Service at any time by deleting your account or uninstalling the App.
  2. Termination by Us
    We reserve the right, in our sole discretion, to suspend or terminate your access to the Service at any time, without notice, for any reason, including but not limited to any violation of these Terms.
  3. Effect of Termination
    Upon termination of your account, your right to use the Service will immediately cease. Any provisions of these Terms that, by their nature, should survive termination (including ownership, disclaimers, indemnification, and limitations of liability) shall remain in effect.

11. Modifications to the Terms

We reserve the right to change or update these Terms at any time. If we make material changes, we will notify you via the App or by other appropriate means. Your continued use of the Service after any such changes have been posted constitutes your acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction and venue in such courts.

13. General Provisions

  1. Severability
    If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
  2. Waiver
    No waiver by Emily Labs, LLC of any breach or default will be deemed a waiver of any preceding or subsequent breach or default.
  3. Entire Agreement
    These Terms, together with our Privacy Policy and any additional agreements you may enter into with us in connection with the Service, constitute the entire agreement between you and Emily Labs, LLC concerning your use of the Service.
  4. Assignment
    You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Emily Labs, LLC
legal@useyap.com

By using the Yap App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: February 3, 2025