Terms of Service

1. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian who agrees to these Terms. You may not use the Service if you are barred from doing so under applicable law.

2. The Service

Yakity-yak lets you dictate on your iPhone and have text delivered to your Mac. The Service requires compatible Apple devices, supported operating system versions, the necessary permissions, and a working network connection between your devices. You are responsible for your devices, networks, and any fees charged by your carrier or internet provider.

Speech recognition and AI text processing are imperfect. Transcripts and processed text may contain errors, omissions, or changes in wording or meaning. The Service may paste text into, and press Return in, the app you are using on your Mac, which can send messages, submit forms, or run commands. The Service is not designed or intended for emergency communications, or for medical, legal, safety-critical, or other uses where an error could cause harm.

3. License and restrictions

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Apps on devices you own or control, for your own personal or internal business use. We reserve all rights not expressly granted.

You may not, and may not help anyone else to: copy, modify, or create derivative works of the Service; reverse engineer, decompile, or disassemble the Apps, except to the extent applicable law expressly permits this despite this restriction; circumvent usage limits, subscription checks, or security features; rent, lease, sell, resell, or sublicense the Service; use the Service to violate any law or anyone’s rights; use the Service to build a competing product; or interfere with or disrupt the Service.

4. Your content and your responsibility

You keep all rights in the words you dictate and the text you create with the Service (“Your Content”). To the extent we need rights to Your Content to operate the Service, you grant us a worldwide, royalty-free license to host, process, and transmit it solely to provide the Service to you.

You are solely responsible for Your Content, for reviewing it before you rely on it, and for everything that is pasted, sent, or submitted from your devices through the Service. You represent that you have all rights and consents needed to record, transcribe, process, and share Your Content, including the consent of anyone whose voice or information it contains where the law requires it.

5. Third-party services

Parts of the Service work with services we do not control, including Apple platform services, AI processing providers you connect with your own account, and private networking services you choose to use. Your use of those services is governed by their terms and privacy policies, and you are responsible for any fees they charge. We are not responsible for third-party services, their availability, or how they handle your information, and we may change which third-party services the Service supports at any time.

6. Plans, subscriptions, and pricing

Free plan

The free plan lets you dictate up to 2,000 words per week. We determine how words are counted and when the weekly allowance resets, and unused words do not carry over.

Yakity-yak Pro

Yakity-yak Pro removes the weekly word limit. Pro costs US$6.99 per month, or the equivalent price shown in the App Store for your region, plus any applicable taxes. We may apply reasonable limits to prevent abuse, automated use, or use that threatens the Service.

Pro is an auto-renewing subscription sold through the Apple App Store:

• Payment is charged to your Apple ID account when you confirm your purchase.
• Your subscription renews automatically each month unless it is canceled at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period, at the then-current price.
• You can manage and cancel your subscription in your App Store account settings after purchase. Canceling stops future renewals; you keep Pro until the end of the period you paid for.
• If we offer a free trial, any unused portion of it is forfeited when you purchase a subscription.

Apple processes all App Store payments, and refund requests for App Store purchases are handled by Apple under its policies. Except where the law requires otherwise, payments are non-refundable and we do not provide refunds or credits for partial periods.

Changes to plans and pricing

We may change our plans, features, usage limits, and prices at any time, including by adding, removing, or limiting features on the free plan or Pro. Price changes for existing subscriptions take effect at the next renewal after notice is given as required by Apple and applicable law. If you do not agree to a price change, you must cancel before it takes effect.

7. Yak-01 hardware sales

Price and orders. The Yak-01 costs US$59, plus any applicable taxes and shipping charges shown at checkout. Your order is an offer to buy. We may accept, decline, limit, or cancel any order, including after payment, for example because of availability, pricing errors, or suspected fraud. If we cancel an order after you have paid, we will refund the amount you paid. Estimated ship dates are not guaranteed.

Shipping and risk of loss. We ship to the addresses we support at checkout. Title to and risk of loss for the Yak-01 pass to you when we deliver it to the carrier. Delivery times are estimates, and we are not responsible for carrier delays.

Returns. You may return an unused Yak-01 in its original packaging within 14 days after delivery for a refund of the purchase price to your original payment method. Shipping charges are non-refundable, and you pay return shipping unless the Yak-01 arrived damaged or defective. To start a return, contact us within that period; returns sent without our authorization may be refused.

As-is hardware. Except where the law requires otherwise, the Yak-01 is provided “as is,” without warranties of any kind, as described in Section 11. Where the law does not allow implied warranties to be excluded, they are limited to the shortest period the law permits. The Yak-01 works with compatible devices and the Apps, and its features may change as the Service changes. It is not a toy for young children; keep it and any batteries away from children, and follow the included instructions.

8. Intellectual property and feedback

The Service, including the Apps, the website, the Yak-01 design, and the Yakity-yak name, logos, and artwork, is owned by Yakity-yak or its licensors and is protected by intellectual property laws. These Terms do not grant you any right to use our trademarks. If you send us ideas or feedback, we may use them for any purpose without any obligation to you.

9. Changes to the Service and these Terms

We may change, suspend, or discontinue any part of the Service at any time, with or without notice, and without liability to you. We may update these Terms at any time by posting the updated version on this page with a new effective date. Changes take effect when posted, except that changes to Section 15 will not apply to a dispute that arose before the change was posted. Your continued use of the Service after changes take effect means you accept them.

10. Suspension and termination

You may stop using the Service at any time by deleting the Apps and canceling any subscription. We may suspend or terminate your access to the Service at any time, for any reason, including if we believe you have violated these Terms. When your access ends, your license ends and you must stop using the Service. Sections 4 and 8 through 17, and any other terms that by their nature should survive, survive termination.

11. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING THE APPS AND THE YAK-01, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. YAKITY-YAK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT TRANSCRIPTS OR PROCESSED TEXT WILL BE ACCURATE, THAT TEXT WILL BE DELIVERED TO THE INTENDED PLACE, OR THAT DATA WILL NOT BE LOST. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YAKITY-YAK AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY MESSAGE, SUBMISSION, OR ACTION TAKEN FROM YOUR DEVICES THROUGH THE SERVICE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$50. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Yakity-yak and its members, managers, employees, contractors, and agents from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Your Content, your use or misuse of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.

14. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 15. For any dispute that is not subject to arbitration, you and Yakity-yak consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming.

15. Arbitration and class action waiver

Informal resolution. Before starting arbitration, you and Yakity-yak each agree to try to resolve the dispute informally for at least 30 days after one of us sends the other a written notice describing the dispute and the relief requested. Send your notice to the email address in Section 18.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including their formation, scope, enforceability, or validity, will be resolved by final and binding arbitration on an individual basis, and not in court. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms, before a single arbitrator. The arbitration will take place in the State of Wyoming unless you and we agree otherwise or the AAA rules require otherwise, and the arbitrator may allow the parties to participate by phone or video. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules. The arbitrator may award the same individual relief a court could award, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND YAKITY-YAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND YAKITY-YAK EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Opt-out. You may opt out of this Section 15 by emailing us from the address associated with your purchase or use, with the subject line “Arbitration Opt-Out” and your name, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

Severability. If the class action waiver is found unenforceable as to any claim, that claim must be severed and heard in court, and the rest of this Section 15 remains in effect. If any other part of this Section 15 is found unenforceable, the remainder stays in effect.

16. Apple App Store terms

This Section applies to any App you obtain from the Apple App Store. If it conflicts with the rest of these Terms, this Section controls for that App.

• Parties. These Terms are between you and Yakity-yak only, not Apple Inc. (“Apple”). Yakity-yak, not Apple, is solely responsible for the App and its content.
• Scope of license. Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Yakity-yak is solely responsible for any maintenance and support of the App, to the extent required by these Terms or applicable law. Apple has no obligation to provide any maintenance or support for the App.
• Warranty. To the extent any warranty applies under applicable law and is not effectively disclaimed, Yakity-yak, not Apple, is responsible for it. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Yakity-yak’s responsibility, subject to these Terms.
• Product claims. Yakity-yak, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
• Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Yakity-yak, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.
• Questions and claims. Direct any questions, complaints, or claims about the App to Yakity, LLC using the contact details in Section 18.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

17. General terms

These Terms, together with the Privacy Policy and any terms presented at checkout, are the entire agreement between you and Yakity-yak about the Service and supersede any prior agreements. You may not assign or transfer these Terms without our prior written consent; we may assign them without restriction. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver. We are not liable for any delay or failure caused by events beyond our reasonable control. You must comply with all applicable export control and sanctions laws. You agree that we may send you notices electronically, including by email or through the Service, and that electronic notices satisfy any legal requirement that communications be in writing. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship.

18. Contact us

Yakity, LLC
Email: hansonwalker@gmail.com