Terms of Service

The terms "you" and "your" refer to the service user under these terms as an individual or entity, as applicable. “You” represent that you have the authority to enter into these terms personally or on behalf of the entity using the “Service”. if you are not eligible or do not agree to these terms, then you do not have our permission to use the Service. By clicking "i accept," or by downloading, installing, or otherwise accessing or using the Service, you covenant, represent, and warrant to Yari Flow that you will comply with and will not violate, attempt to violate, or assist or permit any third party to violate any terms of these terms and conditions. These terms incorporate yari flow's data processing agreement, acceptable use policy, privacy policy, api agreement, and any order form (together, the "terms").

These terms contain provisions, including an arbitration clause that requires disputes to be resolved by binding arbitration, which means waiving the right to have those disputes decided by a judge or jury. In addition, you waive your right to participate in class actions, class arbitrations, or representative actions. Please see Section 23 (Dispute Resolution and Arbitration) and Section 24 (Waiver of Class Arbitration or Actions) below.

In case of conflict between the terms, the Data Processing Agreement (DPA) shall govern, followed by the Acceptable Use Policy, any Order Form, these Terms of Service, and the Privacy Policy.

Yari Flow Service

Yari Flow offers solutions for commerce optimisation, including products, features, and services for managing orders, subscriptions, payments, recurring billing, and customer loyalty (the "Service"). Any new products or features added to the current Services will also be subject to these terms.

Terms with Your Customers

You are solely responsible for all terms and conditions related to transactions conducted with your customers, including terms regarding payment, subscriptions, returns, warranties, shipping, handling, taxes, and compliance with applicable law.

API Agreement

If you choose to access or use Yari Flow's API, including any modification or personalisation, the Yari Flow API Agreement governs your use. The API Agreement is incorporated by reference into these Terms.

Eligibility

By agreeing to these terms, you represent that you are at least 18 years old, and your registration and use of the Service will comply with all applicable laws and regulations.

Accounts and Registration

To access the Service, you must register for an account. You are responsible for maintaining the confidentiality of your password and account. If you believe your account is no longer secure, you must immediately contact us.

Payment Terms

Certain features of the Service may require payment of fees. All fees are in GBP and non-refundable unless stated otherwise in an Order Form. Yari Flow reserves the right to modify pricing.

Your Service

If you activate any aspect of the Service, you authorise Yari Flow to periodically charge for accrued sums, including recurring billing. Your subscription will continue until you cancel or we terminate the Service.

Intellectual Property

As between you and Yari Flow, the Service and all materials included are owned by Yari Flow or its licensors. You may not access or use these materials unless expressly authorised by Yari Flow.

Confidentiality

You agree to maintain the confidentiality of all information designated as proprietary or confidential by Yari Flow, and to protect such information with the same degree of care as your confidential information.

Dispute Resolution and Arbitration

The laws of England and Wales shall govern these terms. Any dispute arising out of these terms shall be settled by binding arbitration in London, in accordance with the rules of the Chartered Institute of Arbitrators (CIArb).

Waiver of Class Arbitration or Actions

All claims will be resolved on an individual basis, and class actions or class arbitrations are not permitted.

Modification of Terms

We may modify these terms periodically. Material changes will be effective upon acceptance or after 30 days' notice. If you do not agree with any modifications, you should stop using the Service.

Contact Information

Yari Flow, a product of Yari Labs, with offices located at 86-90 Paul Street, 3rd Floor. EC2A 4NE - London - United Kingdom and R. Dr. Martins Sarmento, 166 4700-314 - Braga, Portugal. You can contact us at hello@yariflow.com

Unpaid Fees

If Yari Flow cannot successfully process payment within thirty (30) days of the initial attempt or invoice date, Yari Flow may suspend your access to the Service. During the suspension, you and your customers may lose access to Service features, including the "My Account Area" or the Yari Flow Backoffice. To reinstate access, you must settle any outstanding fees. Yari Flow may terminate your account if unpaid fees remain for more than thirty (30) days. A late fee of 1.5% per month or the maximum rate permitted by law may apply to overdue amounts. You will also be responsible for reasonable collection costs, including legal fees, in recovering unpaid amounts.

Ownership & Proprietary Rights

Yari Flow and its licensors retain all intellectual property rights in the Service, including but not limited to its software, design, data, and materials. You may not copy, modify, distribute, or create derivative works of the Service or any part without Yari Flow's prior written permission.

Feedback

By providing feedback or suggestions regarding the Service, you grant Yari Flow an unrestricted, perpetual, and royalty-free licence to use this feedback for any purpose, including improving the Service.

Third-Party Services and Software

Yari Flow may include or integrate with third-party services or software, such as payment gateways or analytics platforms. You are solely responsible for maintaining compliance with these services and obtaining any necessary licences. Yari Flow is not liable for its performance.

Service Modifications

Yari Flow reserves the right to modify or discontinue features of the Service without prior notice, provided these changes do not materially degrade the overall functionality of the Service during your subscription period. If any material changes are made, your sole remedy will be termination of your use of the Service and a potential refund if applicable.

Termination

You or Yari Flow may terminate this agreement at any time. You can initiate termination by clicking on your account settings or contacting us. If you breach any provision of these terms, your access to the Service may be suspended or terminated without notice. Upon termination, you must cease using the Service, and Yari Flow will not be responsible for retaining or returning any of your content or data unless required by law. If termination occurs due to your breach, you will be responsible for any outstanding fees for the remainder of your subscription, including all recurring and one-time fees agreed upon in any active Order Form.

Indemnification

You agree to indemnify and hold Yari Flow, its affiliates, officers, employees, and agents harmless from any claims, losses, or damages, including reasonable legal fees, arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Disclaimers; No Warranties

The Service is provided on an "as is" and "as available" basis. Yari Flow disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Yari Flow does not guarantee that the Service will be uninterrupted, error-free, or secure.

Limitation of Liability

To the fullest extent permitted by law, Yari Flow's liability to you is limited to the greater of £100 or the amount you have paid to Yari Flow for access to the Service in the twelve (12) months before the event giving rise to the claim. In no event will Yari Flow be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or goodwill, arising from the use of or inability to use the Service.

Confidential Information

Both parties agree to protect the confidentiality of any proprietary or confidential information shared while using the Service. Confidential information is not publicly available, was known to the receiving party prior to disclosure, or was independently developed.

Publicity

You grant Yari Flow permission to use your business name, logo, and branding for promotional purposes, such as identifying you as a customer of Yari Flow. This usage will comply with your branding guidelines, provided you share them with Yari Flow in writing.

Data Privacy

Yari Flow's use of data and your customers' privacy are governed by our Privacy Policy and Data Processing Agreement (DPA), both of which are incorporated into these terms by reference. Yari Flow complies with applicable data protection laws, including the European and UK GDPR.

Governing Law

These terms are governed by the laws of England and Wales. Any disputes will be resolved through binding arbitration in accordance with UK law, as outlined in the Dispute Resolution and Arbitration section.

Notices

All notices related to these terms will be in writing and will be deemed delivered when sent via email or through other contact details you provided during registration. It is your responsibility to keep your contact details up to date.

Miscellaneous

• Assignment: You may only transfer or assign these terms with Yari Flow's prior written consent. Yari Flow may assign these terms without notice or consent.
• Survival: Provisions related to payment obligations, confidentiality, indemnification, limitations of liability, and dispute resolution will survive the termination of these terms.
• Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Information

Yari Flow, a product of Yari Labs.
Email: hello@yariflow.com
Address: Yari Labs -  Rua Dr. Justino Cruz nr 110 - 1st Floor. 4700-314 - Braga - Portugal