END USER LICENSE AGREEMENT AND TERMS OF SERVICE

Last Updated: 05-05-2025

This End User License Agreement and Terms of Service (“EULA”) is between YipZap Inc. (“YipZap”) and you, an individual user (“you”), and governs your use of YipZap’s website at www.yipzap.com (“Website”), mobile software application that has been made available for download (“App”) and any related websites or other online properties owned or controlled by YipZap (together with the App, the “Service”). BY INSTALLING ANY APP OR OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.

Material Terms:

As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

1. the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
2. the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (“Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
3. you consent to the collection, use and disclosure of your personally identifiable information in accordance with YipZap’s Privacy Policy located here (“Privacy Policy”);
4. you are responsible for clearing the rights to all User Content you Post to the Service;
5. YipZap provides the App to you on an “as is” basis without warranties of any kind and YipZap’s liability to you is limited;
6. disputes arising between you and YipZap will be resolved by binding individual arbitration. By accepting this EULA, as provided in greater detail in Section 12 below, you and YipZap are each waiving the right to a trial by jury or to participate in a class action;
7. you agree to and acknowledge the “Notice Regarding Apple” below; and
8. if you Post (defined in Section 5.1 below) any Objectionable Content (defined in Section 5.8 below) on the Service, then YipZap may – but has no obligation to – take any remedial action that YipZap, in its sole discretion, deems necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 3.1 below), removing all of your User Content (defined in Section 5.1 below) from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.

1. GENERAL TERMS AND CONDITIONS

1.1 Description. YipZap is an online platform and [describe the core functionality of YipZap - e.g., social networking service focused on sharing short videos, e-commerce platform for unique goods, etc.] that allows users to [describe key user actions - e.g., upload and share user-generated content, buy and sell products, connect with other users based on shared interests, etc.].

1.2 Eligibility. IN [Specify Jurisdiction, e.g., THE UNITED STATES], THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. FOR USERS OUTSIDE OF [Specify Jurisdiction], THE SERVICE IS NOT FOR PERSONS UNDER THE AGE FOR WHICH RULES APPLY ON AN AGE-BASED BASIS FOR THE COLLECTION OF DATA (“RESTRICTED AGE”). IN ALL CASES, THE SERVICE IS NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY YIPZAP. IF YOU ARE UNDER 13 YEARS OF AGE IN [Specify Jurisdiction] OR THE RESTRICTED AGE IN THE TERRITORY WHERE YOU RESIDE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and entered into this EULA on your behalf. If you are using the Service on behalf of an entity or organization, then you represent and warrant that you have the authority to bind that entity or organization to this EULA and you agree to be bound by this EULA on behalf of that entity or organization.

1.3 Changes. As the Service may undergo changes over time, we need the right to modify this EULA to match the changing functionalities of the Service. You therefore agree that YipZap may change this EULA at any time without prior notice other than posting an updated EULA to the YipZap website or within our App. YipZap will endeavor to provide you with prior notice when there are any material changes, and may require that you subsequently take an affirmative action acknowledging agreement to the revised EULA before continuing to access the Service. You may read a current, effective copy of this EULA at any time at [Yipzap - Terms of Service Page]. The revised EULA will become effective at the time of posting on the Service, and your use of the Service after such time will constitute your acceptance of the revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop using the Service. Notwithstanding the preceding sentences of this Section 1.3, no revisions to this EULA will apply to any dispute between you and YipZap that arose prior to the effective date of those revisions.

1.4 Consideration. YipZap currently provides you with access to the Service for free. In return for enjoying this free access, you acknowledge and agree that YipZap may generate revenues (including, by way of example and not limitation, through the sale of advertising and sponsorships, [add other potential revenue streams for YipZap, e.g., transaction fees, premium features, etc.], and the sublicensing of your User Content), increase goodwill or otherwise increase the value of YipZap from your use of the Service, and you will have no right to share in any such revenues, goodwill or value whatsoever. YipZap in its sole discretion may eventually charge you fees to access certain features on the Service. YipZap will provide you with advance notice of any such changes before they take effect. Even if we charge you a fee for the use of the Service, you will have no right to share in the revenues we charge you or other Users or to share in any goodwill or value created.

1.5 Privacy Policy. Your access to and use of the Service is also subject to YipZap’s Privacy Policy located here, the terms and conditions of which are incorporated herein by reference. [Privacy Policy]

1.6 Jurisdiction. The Service is controlled and operated by YipZap from its offices in [Specify Jurisdiction, e.g., Ontario, Canada]. YipZap makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than [Specify Jurisdiction]. Those who choose to access or use the Service from locations outside [Specify Jurisdiction], do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.

1.7 Mobile Services. The Service will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Service and the related Mobile Services must be in accordance with this EULA.

1.8 Additional Terms. YipZap may require you to agree to additional terms and/or policies that it makes available to you from time-to-time in connection with your use of the Service (“Additional Terms”), including the YipZap Rules. Except as expressly stated otherwise in Additional Terms, such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency, unless such Additional Terms expressly supersede a term in this EULA.

1.9 [If you plan to have contests or special promotions, you might want a section like 9GAG's "Fun Off Contest Rules," tailored to your specific activities.]

2. COMMUNITY GUIDELINES

In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to (and not attempt to or assist any other person or entity in doing any of the following):

1. take any action or Post any User Content in violation of the YipZap Rules [Create a separate document outlining your community rules and link to it here];
2. delete, alter or make unauthorized copies of any content (whether YipZap Content, User Content, or otherwise) made available on or through any part of the Service, excluding any User Content that you have Posted (as defined in Section 5.1);
3. attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up any part of the Service, except to the extent any such restrictions are expressly prohibited by applicable law;
4. rent, lease, loan, resell, sublicense, distribute or otherwise transfer any part of the Service or content thereon to any third party;
5. remove, circumvent, disable, damage or otherwise interfere with security-related features of any part of the Service, features that prevent or restrict use or copying of any content accessible on any part of the Service, or features that enforce limitations on use of any part of the Service or any content thereon;
6. delete any copyright or other proprietary rights notices on any part of the Service;
7. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another person’s digital signature, misrepresent the source, identify or content of information transmitted via the Service, or perform any other fraudulent activity;
8. create a new Account with YipZap, without YipZap’s express written consent, if YipZap has previously disabled an Account of yours;
9. restrict, discourage or inhibit any person from using the Service or disclose personal information about a third person on the Service or obtained from the Service without the consent of that person;
10. use the Service, without YipZap’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
11. gain unauthorized access to the Service, to other Users’ Accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
12. Post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
13. access, tamper or interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; or
14. violate any applicable federal, state or local laws or regulations or the terms of this EULA.

3. ACCOUNTS

3.1 Accounts. While you may always browse any public-facing portions of the Service without registering with YipZap, in order to enjoy the full benefits of the Service, you must register an account with YipZap (“Account”). You may also register and log into the Service using credentials from a supported External Service (defined in Section 8 below), such as Facebook or Google. When you register for an Account, you must provide us with some information about yourself such as your name and email address. You may not select or use as an Account username that is: (i) a name of another person with the intent to impersonate that person; or (ii) a name subject to any rights of any person, entity, or organization other than yourself without appropriate authorization.

3.2 Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify YipZap immediately at [support@yipzap.com] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. YipZap will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your credentials prior to you notifying YipZap of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Services.

3.3 Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information as YipZap requests. You will update such information promptly, and as necessary to keep it current and accurate. YipZap reserves the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by YipZap in its sole discretion, and may, with or without prior notice and without liability to you, suspend or terminate your Account if activities occur on your Account that, in YipZap’s sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of YipZap, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then YipZap may terminate your Account immediately without notice to you and without any liability to you or any third party.

4. GENERAL USE OF THE SERVICE

4.1 License. Subject to your complete and ongoing compliance with this EULA, YipZap hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (i) download, access and use an object code version of the App on any device that you own or control; and (ii) access and use all other portions of the Service, in each case, solely for your personal [or specify other intended use, e.g., commercial use if applicable]. Any third-party code that may be incorporated into any App is covered by the applicable open source or third party license, if applicable. [If you use open source components, consider adding a link to a list of them].

4.2 Content. Except for User Content (defined in Section 5.1), the content that YipZap provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), audiovisual works (and the sound recordings and musical works embodied therein), text, graphics, photos, software and interactive features, are protected by copyright or other intellectual property rights and owned by YipZap or its third party licensors (collectively, the “YipZap Content”). Moreover, YipZap solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.

4.3 Marks. The YipZap trademarks, service marks, and logos (collectively, the “YipZap Trademarks”) used and displayed on the Service are YipZap’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part the Service may be trademarks or service marks owned by third parties (collectively with the YipZap Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage YipZap or the applicable third party, YipZap’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without YipZap’s prior express written consent. All goodwill generated from the use of any YipZap Trademark will inure solely to YipZap’s benefit.

4.4 Reservation of Rights. YipZap hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any YipZap Content or Trademarks located or displayed therein.

4.5 Functionality. Certain features and functionalities may only be available on the Website or the App but not both. YipZap, in its sole discretion, may provide functionalities across both the Website and the App, and may disable functionalities, temporarily or permanently, at any time, without any liability to you.

5. USER CONTENT; LICENSE TO YIPZAP; FEEDBACK

5.1 Definition. This Section 5 governs any content that Users upload, post or transmit to or through the Service (collectively, “Post”) including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, [add other types of content relevant to YipZap], and any other works subject to protection under the laws of [Specify Jurisdiction] or any other jurisdiction, including, without limitation, patent, trademark, trade secret and copyright laws (collectively, “User Content”). User Content also includes any content hosted on or accessible through an External Service that is made accessible through the Service. For clarity, User Content excludes any and all YipZap Content.

5.2 Screening Content. YipZap does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, YipZap has the right – but not the obligation – in its sole discretion to remove, disallow, block or delete any User Content: (i) that YipZap considers to violate this EULA, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users, licensors or copyright owners or their agents, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, YipZap also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content Posted to the Service as described more fully in Section 5.8 below. YipZap recommends that you save copies of any User Content that you Post on your personal device(s) or other storage media to ensure that you have permanent access to copies of such User Content.