Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are an agreement between you and Arion Industries LLC ("Yap," "we," "us"), the company that operates the Yap mobile app, website and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who can use Yap

You must be at least 13 years old to use Yap. If you are under 18, or under the age of majority where you live, you may use Yap only with the permission of your parent or legal guardian, and your parent or guardian must agree to these Terms on your behalf. A parent or guardian who allows a teen to use Yap is responsible for that teen's use of the Service. We may ask for proof of age or parental permission, and we may suspend accounts where we can't confirm it. You may not use Yap if you have been previously banned from the Service or if using it would violate any law that applies to you.

Protections for teens: Accounts of users under 18 have extra protections by default. Only people a teen has accepted as friends on Yap can send them Yaps. We may remove any adult who uses Yap to contact minors they don't know.

3. Your account

To use Yap you create an account with your phone number or email, a name, a username and, optionally, a profile photo. You agree to:

• give accurate information and keep it up to date;
• keep your account secure and not share access with anyone else;
• not create an account for anyone else or impersonate any person;
• tell us promptly at hello@arion.nyc if you think your account has been accessed without permission.

You are responsible for activity on your account. You can delete your account at any time in the app under Profile > Delete account.

4. Your content

"Your Content" means the voice messages ("Yaps"), transcripts of them, photos, names and anything else you create, upload or send through Yap. You own Your Content.

To run the Service, you give us a worldwide, non-exclusive, royalty-free license to host, store, process, transcribe, reproduce, display and transmit Your Content, only as needed to operate, provide, secure and improve Yap. This license ends when Your Content is deleted from our systems, except where we must keep it for legal reasons or where you shared it with others who still have it.

You are responsible for Your Content and confirm you have the rights to share it. Keep in mind that people you message can listen to, save, screen-record or share your Yaps, and anyone with a Yap link you share outside the app may be able to play it.

5. Community rules

Yap has zero tolerance for objectionable content and abusive users. You may not use Yap to:

• harass, bully, threaten, stalk or intimidate anyone;
• post or send hateful content, or content that promotes violence or self-harm;
• share sexual content involving anyone under 18, or any sexual content of anyone without their consent;
• record or share someone's voice or likeness without their permission where the law requires it;
• impersonate someone or mislead others about who you are;
• send spam, scams or unsolicited commercial messages;
• break the law, or encourage others to;
• interfere with or disrupt the Service, scrape it, reverse engineer it, or get around any security or access limits;
• contact, solicit or groom a minor, or ask a minor for personal information, photos or to meet in person;
• lie about your age or create an account for someone under 13.

6. Reporting, blocking and enforcement

You can block any user and report any Yap, user or group from within the app. You can also email hello@arion.nyc. We review reports and aim to act on reports of objectionable content within 24 hours, including removing the content and suspending or banning the user who posted it.

We may remove content, limit features, or suspend or terminate accounts that violate these Terms or that we reasonably believe create risk for Yap, our users or others. We may also report content to law enforcement where the law requires it or where someone may be in danger.

7. Our license to you

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the Yap app on Apple devices you own or control, for your personal, non-commercial use, under these Terms and the Usage Rules in Apple's Media Services Terms and Conditions.

8. Our intellectual property

The Service, including the Yap name, logo, design, software and features, belongs to us and our licensors. Nothing in these Terms gives you rights to use our trademarks or branding. If you send us feedback or ideas, we may use them without obligation to you.

9. Third-party services

Yap may link to or work with services we don't control, such as your phone's contacts, app stores and sharing to other apps. Your use of those services is governed by their own terms.

10. Apple App Store terms

If you downloaded Yap from Apple's App Store, the following also applies:

• These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent the law allows, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
• If a third party claims the app or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Ending your use of Yap

You can stop using Yap and delete your account at any time. We may suspend or end your access if you break these Terms, if required by law, or if we stop offering the Service. Sections that by their nature should survive (including 4, 8 and 12 to 16) survive termination.

12. Disclaimers

Yap is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Service will be uninterrupted, error-free or secure, that messages will always be delivered, or that transcripts will be accurate. We are not responsible for content sent by other users.

13. Limitation of liability

To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, profits or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of $100 or the amount you paid us in the 12 months before the claim. Some places don't allow these limits, so they may not apply to you.

14. Indemnity

You agree to defend and hold harmless Arion Industries LLC and its team from claims arising from Your Content, your use of the Service or your breach of these Terms, to the extent the law allows.

15. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Any such dispute will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you and we consent to the personal jurisdiction of those courts. Nothing in this section limits any rights you may have under the consumer protection laws of, or to bring a claim in the courts of, the place where you live.

16. General

We may update these Terms. If changes are material, we will notify you in the app or by other reasonable means before they take effect; continuing to use Yap after that means you accept them. If any part of these Terms is unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not transfer these Terms; we may transfer them in a merger, acquisition or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.

17. Contact