YappaCall

Terms of Service

Last Updated: April 2, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and YappaCall ("we," "our," or "us") governing your access to and use of the YappaCall website, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Eligibility

You must be at least 18 years old to access or use our Service. By accessing or using our Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract with us. If you are accessing or using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Service Description and Limitations

YappaCall provides internet-based communication services that allow users to make voice calls to various international destinations. The Service is provided on an "as is" and "as available" basis, and we make no guarantees regarding the availability, reliability, or quality of the Service.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

The Service is not intended to be used for emergency calls. We do not provide access to emergency services such as 911, 112, 999, or other emergency numbers. You acknowledge and agree that YappaCall is not a replacement for your primary telephone service and should not be relied upon for emergency communications.

5. Fees and Payment

Certain aspects of the Service may be provided for a fee. You agree to pay all fees associated with your use of the Service in accordance with the pricing and payment terms presented to you for such Service. You will be responsible for all taxes associated with the Service, other than taxes based on our net income.

We may change the fees for the Service at any time. If we change the fees for a Service to which you have already subscribed, we will provide you with reasonable notice of the change before it takes effect.

All payments are non-refundable except as expressly set forth in these Terms or as required by applicable law. You authorize us to charge your designated payment method for all fees incurred by you. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms.

For voice calls, you will be charged for all completed calls as well as call attempts that result in a "busy" signal or "no-answer" (when the call rings but is not answered). Only calls that fail to connect due to technical issues or are canceled before connecting will not incur charges. This billing model reflects the costs we incur for establishing call connections through our telecommunications providers.

Call charges are calculated based on the call duration rounded up to the nearest minute. For busy signals and unanswered calls, a minimum one-minute charge will apply, as these represent actual connection attempts that incur costs on our platform.

Unused credits or prepaid amounts expire after 12 months of account inactivity, unless otherwise specified or prohibited by applicable law.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate YappaCall, a YappaCall employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm YappaCall or users of the Service or expose them to liability
  • For any fraudulent, deceptive, or illegal purpose
  • To make excessive or unreasonable use of the Service, including any automated calling or messaging
  • To bypass or attempt to bypass any usage limitations or security measures

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent
  • Use any device, software, or routine that interferes with the proper working of the Service
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of the Service

7. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by YappaCall, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution
  • If we provide social media features with certain content, you may take such actions as are enabled by such features

You must not:

  • Modify copies of any materials from the Service
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service
  • Access or use for any commercial purposes any part of the Service or any services or materials available through the Service

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: legal@yappacall.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by YappaCall. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

8. Trademarks

The YappaCall name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of YappaCall or its affiliates or licensors. You must not use such marks without the prior written permission of YappaCall. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

9. User Content

The Service may allow you to submit, post, or transmit content, including but not limited to text, images, and audio recordings (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you submit, post, or transmit through the Service.

By submitting, posting, or transmitting User Content to or through the Service, you grant YappaCall a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Service.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above
  • All of your User Content does and will comply with these Terms
  • The User Content is not false, inaccurate, or misleading
  • The User Content does not violate any applicable law, regulation, or third-party right
  • The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for YappaCall
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

YOU WAIVE AND HOLD HARMLESS YAPPACALL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YAPPACALL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER YAPPACALL OR LAW ENFORCEMENT AUTHORITIES.

10. Monitoring and Enforcement; Termination

We have the right to:

  • Monitor the Service for violations of these Terms
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof
  • In our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
  • Otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service

WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE SERVICE.

11. Digital Millennium Copyright Act (DMCA) Notice and Procedure

We respect the intellectual property rights of others. If you believe that any content available on or through the Service infringes upon your copyright, please notify us by providing the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
  • Your contact information, including your address, telephone number, and email address
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Please send your notice to:

YappaCall
Attn: Copyright Agent
Email: dmca@yappacall.com

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YAPPACALL NOR ANY PERSON ASSOCIATED WITH YAPPACALL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

WITHOUT LIMITING THE FOREGOING, NEITHER YAPPACALL NOR ANYONE ASSOCIATED WITH YAPPACALL REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YAPPACALL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YAPPACALL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL YAPPACALL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO YAPPACALL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to defend, indemnify, and hold harmless YappaCall, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

15. Governing Law and Jurisdiction

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Arbitration

At YappaCall's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY DISPUTE, ACTION, OR PROCEEDING.

17. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.

18. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Waiver and Severability

No waiver by YappaCall of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YappaCall to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement

The Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and YappaCall regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

21. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YappaCall without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

22. Force Majeure

YappaCall shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23. Your Comments and Concerns

The Service is operated by YappaCall. All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@yappacall.com.

24. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

25. Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY YAPPACALL, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.