TERMS OF SERVICE

Last Updated: March 9, 2025

1. Introduction

These Terms of Service ("Terms") govern your use of Yawn Email LLC's ("Yawn Email," "we," "our," or "us") website and service ("Service"). By using Yawn Email, you agree to these Terms. If you do not agree to these Terms, please do not use our Service.

2. Description of Service

We provide an AI-based email automation platform that processes, summarizes, and forwards emails. Users receive a personalized email address which they can use for newsletters and other communications.

3. User Accounts

To use Yawn Email, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and current account information

We reserve the right to terminate accounts that violate these Terms.

4. Subscription and Billing

Yawn Email is a subscription-based service. By subscribing, you agree to:

• Pay all fees associated with your subscription when due
• Provide accurate billing information
• Maintain an active payment method

Free trial periods, if offered, will automatically convert to paid subscriptions unless cancelled before the trial period ends.

5. User Obligations

Yawn Email is intended for individual use only. When using Yawn Email, you agree not to:

• Use the Service for any illegal purpose
• Send spam, malware, or harmful content through your Yawn Email address
• Deliberately send excessive emails to the Service that could impair system performance or increase costs
• Use the Service for bulk email processing, team use, or any other use case involving emails intended for multiple users
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with the operation of the Service
• Reverse engineer the Service
• Use automated methods to access the Service without our permission

6. Our Responsibilities

Yawn Email commits to:

• Provide the Service with reasonable skill and care
• Implement appropriate technical and organizational measures to protect your information
• Process your emails in accordance with our Privacy Policy
• Maintain the availability of the Service, subject to occasional maintenance and updates

7. Intellectual Property

All content, features, and functionality of the Service are owned by Yawn Email and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any part of the Service without our prior written consent.

8. Data Privacy and Security

Yawn Email prioritizes the security and privacy of your information:

• Storage and Processing: Email data is stored in secure, encrypted databases and processed using AI models that do not store or learn from your data.
• Data Retention: Original emails are retained for a maximum of 8 days after processing, after which they are permanently deleted.
• Third-Party Processing: We may use trusted third-party service providers to assist in processing emails. These providers are bound by strict confidentiality obligations.
• User Data Rights: You have the right to:
  • Access personal data we hold about you
  • Request correction of inaccurate data
  • Request deletion of your data
  • Object to or restrict certain processing activities
  • Request data portability where applicable

For more detailed information about our data practices, please refer to our Privacy Policy.

9. Service Modifications

Yawn Email reserves the right to modify the Service:

• We may modify, suspend, or discontinue any part of the Service at any time
• For significant changes to core functionality, we will provide at least 30 days' notice when feasible
• If we permanently remove a material feature, we may offer a pro-rated refund at our discretion
• We are continuously improving our Service and may add, alter, or remove features without notice

10. Limitation of Liability

To the maximum extent permitted by law, Yawn Email shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from interrupted access to the Service
• Damages resulting from errors in email processing or summarization

Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid for the Service during the 6 months preceding the claim.

11. Dispute Resolution

In the event of any dispute or claim arising from these Terms or the Service:

• Informal Resolution: We encourage you to contact us first to seek an informal resolution
• Arbitration Agreement: Any dispute not resolved informally shall be resolved through binding arbitration conducted by a neutral arbitrator, rather than in court
• Class Action Waiver: All claims must be brought in your individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding
• Arbitration Procedures: Arbitration will be conducted under the rules of the American Arbitration Association
• Exception: Nothing in these Terms prevents either party from seeking injunctive relief in a court of competent jurisdiction

12. Force Majeure

Yawn Email shall not be liable for failure or delay in performing obligations if caused by circumstances beyond our reasonable control, including but not limited to:

• Natural disasters or acts of God
• Terrorist activities, war, riot, or civil unrest
• Internet service provider failures or delays
• Attacks on our systems, such as denial-of-service attacks
• Labor disputes or shortages
• Governmental actions or orders

13. Indemnification

You agree to indemnify, defend, and hold harmless Yawn Email and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your content or information transmitted through our Service

14. Export Controls

You agree to comply with all applicable export control laws and regulations in your use of the Service. You represent and warrant 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.

15. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent to a parent company, affiliate, subsidiary, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17. Entire Agreement

These Terms constitute the entire agreement between you and Yawn Email regarding the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent.

18. Age Restrictions

The Service is intended for users who are at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms.

19. Refund Policy

Yawn Email provides a 14-day free trial period for new subscriptions. Following the expiration of this trial period, all subscription fees are non-refundable except under the following limited circumstances:

• In the event of substantial Service unavailability (defined as downtime exceeding 24 consecutive hours), whereby any refund shall be limited solely to a pro-rated portion of your subscription fee corresponding to the specific period of unavailability
• Upon our permanent discontinuation of a material feature that substantially impairs your ability to use the Service as reasonably expected, whereby any refund shall be limited solely to the pro-rated portion of your subscription fee for the period following such discontinuation, not to exceed one (1) month from the date of your refund request

All refund requests must be submitted in writing via email to hello@yawn.email. The determination of whether to issue a refund remains at Yawn Email's sole discretion.

20. Communication Preferences

By using our Service, you consent to receive electronic communications from Yawn Email, including:

• Service announcements and updates
• Administrative messages
• Billing information

These communications are part of your relationship with us. You may opt out of non-essential communications by following the unsubscribe instructions contained in the message or by contacting us.

21. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by posting a notice on our website or sending an email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

22. Termination

You may cancel your subscription at any time. Upon cancellation, your account will remain active until the end of your current billing period. We may terminate or suspend your access to the Service immediately without notice if you violate these Terms, including but not limited to cases where you exceed reasonable individual usage volumes, direct an excessive number of emails to the system, or use the Service for team or multi-user purposes.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

24. Contact Information

If you have any questions about these Terms, please contact us at: hello@yawn.email