Welcome to Yapgirl. These Terms of Service ("Terms") are a binding agreement between you and Yapgirl LLC ("Yapgirl," "we," "us," or "our"), governing your use of the Yapgirl mobile application, iMessage extension, and related services (collectively, the "Service").
By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You may not use the Service if you are prohibited from doing so under applicable law, including U.S. export controls or sanctions.
2. Your Account
To use the Service, you create an account by signing in with Apple and verifying your phone number. You agree to:
- Provide accurate information
- Keep your account credentials secure
- Notify us immediately at support@yapgirl.com if you suspect unauthorized access
- Be responsible for all activity that occurs under your account
We may suspend or terminate your account if you violate these Terms.
3. The Service
Yapgirl is a voice-first social application that lets you record short audio messages ("yaps") and send them to friends. The Service may include:
- Recording and sending yaps
- Automatic transcription of yaps via third-party AI services
- Extraction of conversational insights (topics, events, quotes) via AI services
- Push notifications
- An iMessage extension for sending yaps within Messages
- Profile management and friend discovery via your contacts
We may add, change, or remove features at any time. We may also limit, suspend, or terminate the Service in whole or in part.
4. User Content
4.1 Ownership
You retain all rights to the yaps, text, images, and other content you create or upload ("User Content"). We do not claim ownership of your User Content.
4.2 License to Yapgirl
You grant Yapgirl a worldwide, non-exclusive, royalty-free license to host, store, transmit, transcribe, analyze, display, and deliver your User Content for the sole purpose of providing the Service to you and your chosen recipients.
This license terminates when you delete your User Content or your account, except: (i) for content already shared with recipients, which they continue to control, and (ii) to the extent retention is required by law or for legitimate operational purposes (e.g. backups, fraud prevention).
4.3 No use for AI training
We do not use your User Content to train artificial intelligence models, and we contractually require our AI service providers (such as OpenAI) not to use your data to train their models.
4.4 Your responsibility for User Content
You are solely responsible for your User Content. You represent and warrant that:
- You own or have all necessary rights to your User Content
- Your User Content does not infringe any third party's rights
- Your User Content does not violate any law or these Terms
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Harass, abuse, threaten, defame, or harm any person
- Record any person without their knowledge or consent where consent is legally required
- Upload or share content that is illegal, sexually explicit involving minors, violent, hateful, or harassing
- Impersonate any person or misrepresent your affiliation with any person or entity
- Spam, phish, or send unsolicited messages
- Attempt to gain unauthorized access to the Service, other accounts, or our systems
- Reverse engineer, decompile, or attempt to extract source code from the Service, except as permitted by law
- Use automated means (bots, scrapers) to access the Service
- Interfere with or disrupt the Service or servers
- Use the Service to compete with Yapgirl or to build a similar product
- Violate any third party's intellectual property, privacy, or other rights
We reserve the right to remove User Content or suspend or terminate accounts that violate these Acceptable Use rules, with or without notice.
6. Reporting and Blocking
Yapgirl includes in-app tools for reporting objectionable yaps and blocking abusive users. You can report a specific yap from a friend's profile by tapping the report icon and choosing a reason, such as spam, harassment or bullying, or inappropriate content. Reports are confidential and are sent to Yapgirl for review. You can also contact us at support@yapgirl.com.
You can block and report a user from that friend's profile. Blocking takes effect immediately: the blocked user's profile and existing yaps are hidden from your feeds, and that user cannot send you new yaps. Blocking also notifies Yapgirl so we can review the reported content or behavior. You can manage blocked users and unblock them later in Settings.
We review every report within 24 hours. We may remove content, warn users, restrict access, suspend accounts, or terminate accounts when content or behavior violates these Terms or our safety standards.
We have zero tolerance for objectionable content or abusive behavior, including harassment, bullying, threats, hate speech, sexual exploitation or abuse of minors, non-consensual sexual content, or content that glorifies violence. Violating content may be removed immediately, accounts may be terminated, and reports may be made to law enforcement where required.
7. Intellectual Property
The Service, including its software, design, logos, and content (excluding User Content), is owned by Yapgirl or its licensors and protected by intellectual property laws. We grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.
"Yapgirl" is a trademark of Yapgirl LLC. You may not use it without our prior written consent.
8. Third-Party Services
The Service relies on third-party services including Apple, Twilio, OpenAI, Convex, Vercel, and Expo. Your use of these underlying services is also subject to their respective terms. We are not responsible for the practices or content of third parties.
9. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share information.
10. Termination
You may terminate your account at any time from within Yapgirl (Settings -> Delete Account) or by emailing support@yapgirl.com.
We may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms.
Upon termination, your right to use the Service immediately ceases. Sections that by their nature should survive termination will survive, including Sections 4.2, 7, 11, 12, 13, 14, and 15.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING:
- We do not warrant that the Service will be uninterrupted, error-free, or secure
- We do not warrant the accuracy or completeness of AI-generated transcripts or insights
- We do not warrant that User Content will be preserved or backed up
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL YAPGIRL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
- YAPGIRL'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID YAPGIRL IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow these limitations, so they may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Yapgirl and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your User Content
- Your use of the Service
- Your violation of these Terms
- Your violation of any law or third-party right
14. Dispute Resolution
14.1 Informal resolution
Before filing any formal claim, you agree to contact us at support@yapgirl.com and attempt to resolve the dispute informally. We agree to do the same.
14.2 Binding arbitration
If we cannot resolve a dispute informally within 60 days, any dispute arising out of or related to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in San Diego, California, unless another location is mutually agreed.
14.3 Class action waiver
YOU AND YAPGIRL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
14.4 Exceptions
You may bring claims in small claims court if they qualify. Either party may seek injunctive or equitable relief in court for intellectual property infringement.
14.5 Opt-out
You may opt out of the arbitration agreement by sending written notice to support@yapgirl.com within 30 days of first accepting these Terms.
15. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Subject to Section 14, the exclusive venue for any disputes not subject to arbitration is the state or federal courts located in San Diego County, California.
16. Apple-Specific Terms
If you accessed or downloaded the Service from the Apple App Store, the following also apply:
- These Terms are between you and Yapgirl, not Apple. Apple is not responsible for the Service or its content.
- Your license to use the Service is limited to use on Apple-branded devices you own or control, in accordance with the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the Service.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
- Yapgirl, not Apple, is solely responsible for addressing any claims relating to the Service or your use of it.
- Yapgirl, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you through the Service or by other reasonable means and update the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
18. Miscellaneous
- Entire agreement - These Terms and the Privacy Policy are the entire agreement between you and Yapgirl regarding the Service.
- Severability - If any provision is found unenforceable, the remaining provisions will remain in effect.
- No waiver - Our failure to enforce any right is not a waiver.
- Assignment - You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- No agency - These Terms do not create any agency, partnership, or employment relationship.
19. Contact
Questions about these Terms?
Email: support@yapgirl.com