These Terms of Service set out the terms and conditions under which individuals may use the Yaya mobile application and access the services offered by Yaya Services. (“Yaya”). These Terms of Service comprise a legal agreement between Yaya and you, the person accessing and using this mobile application (“You” or “User”). Yaya Services owns, operates, and maintains the Yaya mobile application (“App”) and other subsidiary platforms that are accessible from this App. By accessing the App, you are deemed to have read these Terms of Service and you agree to be bound by the Terms of Service, which shall govern your access and use of the App and all applicable laws and regulations.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE THE APP AS WELL AS ITS SERVICES.

1. Description of Services
Yaya provides mobile application services that facilitate the connection between individuals and families in search of various service providers. This service is specifically designed to enable users to review job-posting information and individual profiles of members who are seeking employment as childcare providers or housekeepers, collectively referred to as “Services.” Through Yaya, individuals and entities offering caregiving services, known as “Service Providers,” can create and share information profiles on the App. These profiles aim to facilitate the matching process with users in need of services, referred to as “Service Seekers.

Except for the Services offered and as detailed in this document, the App must not be used or accessed by individuals for any other purpose. The App functions as a platform for posting job opportunities and does not operate as a referral service. Yaya does not impose any charges or compensation on Service Providers or Service Seekers based on whether a Service Seeker decides to engage in or refrain from entering into an employment or independent contractor arrangement.

Once a match is established, Yaya is not a party to the relationship between the Service Seeker and the Service Provider. Yaya is not involved in, and therefore holds no liability to, Service Seekers, Service Providers, or any other third parties, arising directly or indirectly from such agreements or arrangements between the involved parties.

Yaya does not carry out verification, review, assessment, interviews, screening, or background checks on any of its Users or the content they post on the App. All risks, including potential physical harm, associated with interactions with other individuals through Yaya App’s Services, are assumed by you.

Please refer to the App regularly for further information about the Services provided.

2. User Accounts and Access
To utilize specific functionalities within the App, the creation of a profile via the App (“User Account”) is necessary. During the process of establishing, registering, and maintaining your User Account, you must supply Yaya with accurate, complete, and up-to-date registration details, including your name, email address, and other information requested by Yaya during the account setup (“Registration Data”).

Within these Terms of Service, the term “Personal Information” pertains to any information identifying an individual, such as your name, email address, and any electronically provided data through the App, as well as any other information that identifies you. Both Registration Data and Personal Information will be used by Yaya exclusively in accordance with these Terms of Service and Yaya’s Privacy Policy (the “Privacy Policy”).

Upon the approval and creation of your User Account, access to the App will be granted. Maintaining the confidentiality of your account credentials rests solely upon you, and you are entirely accountable for all activities occurring under your account.
You recognize and agree that Yaya may, at its discretion, decline to establish a User Account or terminate or suspend your User Account if Yaya reasonably believes that the App or Services have been or could be misused by you or any third party gaining access to the App or Services through your User Account.

Furthermore, you commit to: (a) keep all Registration Data updated to ensure its accuracy and completeness; (b) uphold the confidentiality of your account credentials; and (c) take responsibility for all activities linked to your account. Prompt notification of Yaya regarding any unauthorized use of your account or other security breaches associated with your User Account is your obligation, along with ensuring that you log out of your account at the conclusion of each session. You agree not to grant anyone else access to your account.

You consent that Yaya retains the right, at its sole discretion, to discontinue your App access or Service utilization, and to delete any App content, at any time and for any reason, which includes, without limitation, if Yaya believes that you have violated or acted incongruently with these Terms of Service.

3. Eligibility Criteria
To be eligible to use the Services offered by Yaya, you represent and warrant as follows:
i. That you are eighteen (18) years of age or older on the date of using the App;
ii. if you are registering as a Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
iii. neither you nor any member of your household may have ever been the subject of a complaint, restraining order, or any other legal action or criminal offense involving violence, abuse, neglect, fraud, or any other offense that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.

4. User Account Fees, Term and Renewal
Service Providers are entitled to use the App and its Services without charge. Yaya presently does not impose any fees on Service Seekers for utilizing the App and its Services, although this may change in the future. (Access to the Service Providers’ database will be provided by Yaya upon full receipt of payment from Service Seekers.)

5. Restrictions on Use of App
Except as otherwise set out herein, you agree not to use the App for any commercial use, without the prior written authorization of Yaya. Without limiting the generality of the foregoing, prohibited commercial uses include the use of the App and/or any App content for the primary purpose of gaining advertising or subscription revenue, the sale of advertising on any third-party platform, and/or use of the App by any job posting company, home service providers, service agencies, or similar entities without Yaya’s express approval. Prohibited commercial uses do not include using App content that is expressly designated by Yaya in writing (“Designated Information”) in news releases or on third-party platforms provided that the primary purpose of using the Designated Information is not to gain advertising revenue or compete with Yaya.

6. Personal Information and Use of Services
By using the App and its Services, you acknowledge that your usage is subject to the terms outlined in our Privacy Policy, which is hereby integrated by reference into, and constitutes an essential part of, these Terms of Service. Through your use of the App, you expressly agree to the collection, storage, utilization, and disclosure of your information, including Personal Information, as per the provisions of the Privacy Policy.

As a Service Seeker, Service Provider, or any other User of the Services, you affirm that the content of information and materials you post on the App is accurate, up-to-date, and comprehensive. Furthermore, you make the following representations and warranties:
• You will employ the Services provided by Yaya exclusively for your own purposes and assume full responsibility for all account activity and usage, refraining from assigning or transferring your account to any other individual.
• You possess the necessary rights and authority to post all information pertaining to yourself or others.
• You will not provide Yaya or any other App User with inaccurate, deceptive, defamatory, or untrue information.
• You will abstain from posting or transmitting any content (including, but not limited to, text, images, photos, or visual material) on the App that is defamatory, misleading, inappropriate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal in nature, or any content that infringes or violates the rights of another party (including, but not limited to, intellectual property rights, privacy rights, and publicity rights), or promotes, advocates for, or assists any unlawful activities.
• Your utilization of the App and Yaya’s provided Services complies with all pertinent laws and regulations.
• You will not disclose information for which you lack proper consent.
• You will not duplicate the app, except in line with standard app use or where necessary for backup or operational security.
• You will not translate, combine, adapt, modify, alter, or otherwise change the entirety or any part of the app, nor permit the app or any portion thereof to be amalgamated with, or incorporated into, other programs, except to the extent necessary to use the app on devices as authorized within these terms.
• You will refrain from disassembling, de-compiling, reverse engineering, or creating derivative works based on the entirety or any portion of the app, nor will you attempt such actions.

7. Use License
Yaya hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable, and revocable right and license to (a) access the App for the purpose of receiving the Services in accordance with these Terms of Service and (b) access, view, and use any information and documentation made available on the App for your personal, non-commercial, and informational use only to assist you in the access and use of the App and the Services. These Terms of Service do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Yaya or any third party. Yaya may terminate this license at any time for any reason whatsoever.

8. Intellectual Property
This App and all intellectual property rights in the App are owned by Yaya. Yaya reserves all intellectual property rights, including but not limited to, copyright, trademarks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.

9. Use Restrictions
In addition to complying with these Terms of Service, you agree to use the App and Services for lawful purposes only and in a manner consistent with all applicable local, national, or international laws and regulations, including all privacy and personal information laws. The App and any Services shall not be used where, and to any extent, such use is prohibited by law.
Yaya encourages all Users to report any misconduct, misuse, or unlawful activities of other Users, including, but not limited to activities on the App and in connection with the Services provided. Please contact Yaya at contact@yaya-services.com.

10. Termination of Access
Yaya reserves the right, in its sole discretion, to terminate your access to the App or use of the Services, and remove any App content, in the event that Yaya determines you are not eligible to use the Services or have violated any of the provisions of these Terms of Service, or have misused the App or Services in any way.

11. Limitation of Liability
You acknowledge that using or relying on this app or the services comes entirely at your own risk.

Yaya shall not, under any circumstances, be held liable to you or any other party for any incurred losses, costs, or damages of any nature associated with the use of (or the inability to use) the app, services, Yaya content, or third-party content. This applies regardless of the form of action or theory of liability, including breach of contract, tort, negligence, equity, strict liability, by statute, or otherwise. This also applies regardless of whether a fundamental breach or failure of essential purpose occurs.

Yaya services facilitate the connection of service seekers and providers, achieved through search functions enabling service seekers to find appropriate providers based on their preferences and needs.

Once a match occurs between a service seeker and a provider, Yaya no longer holds any involvement in the relationship between the two parties.

Yaya is not a party to, and will not be liable in any way to, any party arising from employment or independent contractor agreements between service seekers and providers, whether directly or indirectly.

Under no circumstances, shall Yaya, its directors, officers, employees, shareholders, affiliates, agents, and third-party contractors, suppliers, and licensors (referred to as “company parties”) be responsible for any special, exemplary, punitive, consequential, incidental, or indirect damages of any kind resulting from the use of the app or the provision of services. This includes any transmission, downloading, storage of data or submissions, reliance on Yaya content or other provided information or data through the app or services. It encompasses the loss or damage to files or data, costs associated with recovering or reproducing files or data, loss of use, unavailability of services, business interruption, loss of revenue, profit, or any other economic loss. This holds true regardless of the cause of action and whether it was foreseeable or not, even if the Yaya parties were informed in advance or should have reasonably known about the potential for such damages.

12. Indemnification
You agree to indemnify and hold Yaya, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of the Services and App.

13. Miscellaneous
Language: It is the express will of Yaya that these Terms of Service and all related documents in the App are in English.
Non-assignment: These Terms of Service are not assignable, transferable, or sublicensable by you except with Yaya’s prior written consent. Yaya may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Modifications of Terms of Service: Yaya may revise these Terms of Service at any time without notice. By using the App, you are agreeing to be bound by the current version of the Terms of Service and Privacy Policy.

The content and material appearing on the App could include technical, typographical, or photographic errors. Yaya does not warrant that any of the materials provided are accurate or current.

Links to External Platforms: The links on this App to other platforms or resources, including those operated by parties other than Yaya, are provided for your convenience. Yaya is not responsible for the availability of such platforms or resources and does not endorse or accept responsibility for the content of such external platforms or resources and has no responsibility for or control over the terms of service or privacy policy (if any) of the operators of the external platforms or resources.
Your access and viewing of any third-party platforms or resources are conducted at your own risk.
App and Services Provided “As Is”: The Company Parties disclaim the accuracy or completeness of any information, data, submissions, or content accessible through the App or provided as part of the Services, and there is no warranty, either express or implied, in regard to the same.

YOU UNDERSTAND AND AGREE THAT THE APP, THE SERVICES, ANY CONTENT, AND ALL OTHER INFORMATION, DATA, SUBMISSIONS, AND MATERIALS AVAILABLE ON THE APP OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

14. Contact Us
If you have any questions about the Terms of Service or need to provide notice to, or communicate with, Yaya under the Terms of Service, please contact us.