Terms & Conditions

Yaaep provides (1) a website located at Yaaep.com and related domains (collectively, the “Website”) and (2) services accessible through the Website (“Web Applications”) and software downloadable to mobile devices (“Mobile Applications”), all of which are used on Yaaep smart devices (“Products”). In these Terms, the Website, Web Applications, Products and Mobile Applications are collectively referred to as the “Services”. Your access to and use of the Services constitutes your agreement to be bound by these Terms, which form a contractual relationship between you and Yaaep.

These Terms are an agreement between you and Yaaep Group Limited. In these Terms, “Yaaep,” “we,” and “our” all refer to Yaaep Group Limited. These Terms grant you specific legal rights. You may also have other rights, which vary by jurisdiction.

By clicking “I Accept” or accessing and using the Services, you agree to all of the following terms and conditions (“Terms”). If you do not agree to any of the Terms, do not click “I Accept” or use the Services.

Please note that Section 14 of these Terms contains a dispute resolution and arbitration clause, including a class action waiver clause, which affects your rights under these Terms and any disputes that may arise between you and Yaaep. You may opt out of arbitration and class action waivers as follows.

Your privacy is of paramount importance to us. Please read our Privacy Policy (incorporated into these Terms) to understand how we handle the information you provide when using our services. You further acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. We recommend that you carefully read the Privacy Policy, as using our services indicates your consent that Yaaep may collect and use your data in accordance with that policy.

By using this service, you acknowledge and agree that you are 18 years of age or older, or have reached the legal age of majority in your region. If you are under 18 years of age, you acknowledge and agree that you have obtained the consent of your legal guardian to use this service.

The content provided by Yaaep through the Services consists of copyrighted and/or trademarked works of Yaaep or its third-party licensors (collectively, the “Materials”). The Materials may include logos, graphics, videos, images, text, software, and other content.

Pursuant to these Terms, Yaaep grants you a limited, personal, non-exclusive, and non-transferable license to use and display the Materials and to access and use the Services, but only for your personal use.

You may not, directly or indirectly, engage in any of the following:

(i)modifying, disassembling, decompiling, or reverse engineering any hardware or software that constitutes the Service; (ii) renting, leasing, lending, reselling, sublicensing, distributing, or otherwise assigning the Service to any third party, or using the Service on a time-sharing basis, or providing any security or other services to any third party; (iii) copying the software used to provide the Service; (iv) removing, circumventing, disabling, damaging, or otherwise interfering with the security-related features of the Service; (v) removing copyright and other proprietary notices from the Service; (vi) attempting to access, monitor, or use other customers' products; (vii) using the Service to access or monitor any non-Yaaep device; (viii) accessing the Service to build similar or competing products; (ix) uploading, transmitting, or distributing any computer virus, worm, or software designed to damage or alter a computer or communications network, computer, handheld mobile device, data, service, product, or any other property; (x) interfering with, disrupting, or attempting unauthorized access to servers or networks connected to the Service; or (xii) violating any applicable laws or regulations. 

You are responsible for ensuring that all necessary software, hardware, and other system components are compatible and correctly configured. You acknowledge that: (a) Yaaep will be unable to provide service if the requirements and compatibility requirements are not met; (b) you will not receive notifications from your Yaaep device if the product's internet connection or power is interrupted, malfunctions, is disconnected or interfered with, or if the product is damaged or destroyed.

For some Yaaep products, you must have a usable broadband internet connection, as well as a wired Ethernet connection or Wi-Fi router (802.11 b/g/n), a supported mobile device (for using the mobile application), and other hardware, software, devices, or items that Yaaep may specify from time to time. Yaaep reserves the right to change any minimum system requirements at any time.

To create an account, you must submit your information through the registration page, following the prompts in the mobile application or website, including your name, email address, phone number, postal code, and address. You can provide additional optional information during the setup process. This information is not required for account registration but may help us provide you with a complete service or help Yaaep provide you with a more personalized experience. For example, this information may include payment information.

During registration, you will need to create a password to log in to the service. You are responsible for keeping your password confidential and for all activities on your account. You agree not to share your password with others, not to allow others to access or use your password, and not to engage in any activities that may compromise password security.

The information you provide when registering your account and other information through this website must be accurate, complete, and up-to-date. You can make changes directly by logging into your account or by contacting Yaaep support team to change, correct, or delete any information in your account.

Administrators and Users

The individual who first creates an account and sets up products is the owner of the Yaaep products associated with that account and is also the primary account holder (“Administrator”). Individuals granted access to the location owner's products and services are authorized users (“Users”) under the Administrator's account and are invited to access them via the mobile application. Users can use the services and products (for example, users can lock or unlock products). Users can also view information (including personal information) and content across all products managed by the administrator (e.g., users will receive event notifications). Users are responsible for their own use of the products and services, but the administrator also agrees to assume full responsibility for all user actions related to the products and services.

Yaaep takes the integrity and security of user personal information very seriously. Yaaep adopts industry best practices in security. Despite these measures, Yaaep cannot guarantee that unauthorized third parties will never be able to bypass Yaaep security measures. You acknowledge and agree that you provide personal information and use this service at your own risk.

By using this service, you agree to receive electronic communications from Yaaep related to the service, which may include applicable fee notices, transaction information, and other information related to the service. You agree that any notices, agreements, disclosures, or other communications we send to you electronically comply with all legal requirements, including the requirement that such communications be in writing.

Yaaep does not guarantee compatibility of the mobile applications with your mobile device. Other applications may interact with the mobile applications in unpredictable ways, and Yaaep assumes no responsibility for any malfunctions or errors resulting from such interactions.

Yaaep grants you a non-exclusive, non-transferable, and revocable license to use any copy of the object code of the mobile applications on a single registered account on a single mobile device owned or leased by you for your personal use and for purposes related to the Service.

Yaaep and its third-party licensors or suppliers retain all rights, title, and interests in the mobile applications. Your use of the mobile applications may incur standard carrier data charges.

Due to international regulations and compliance requirements, we do not accept orders or process payments from the following countries: Democratic People's Republic of Korea (North Korea), Democratic Republic of Congo, Iran, Libya, Republic of Cuba, Russia, Somalia, South Sudan, Sudan, Syria, Ukraine, and Yemen. Any orders from these countries will be automatically cancelled, and payment (if any) will be refunded in accordance with our refund policy.

Yaaep is the sole owner of the Yaaep trademarks, Yaaep logos, and Yaaep on the Yaaep platform in Hong Kong and other regions. Other trademarks, names, and logos appearing in the Services are the property of their respective owners.

Unless otherwise provided in these Terms, all technology and intellectual property available or appearing in any Service (including mobile applications, information, software, documents, services, content, website design, text, graphics, logos, images, and icons) are the exclusive property of Yaaep or its licensors. Yaaep reserves all rights not expressly granted herein.

The warranty terms for Yaaep products are set out in the Yaaep Limited Warranty Terms.

Yaep and its licensors make no representations, warranties, or guarantees, express or implied or statutory, regarding the Services. Unless otherwise expressly stated, to the maximum extent permitted by applicable law, the services and materials, and any information or materials contained therein or provided, are provided to you "as is," "as available," and "at your location." Yaaep disclaims and excludes all warranties, whether statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, satisfaction with quality, and non-infringement of third-party rights.

Yaaep does not warrant that your mobile device or computer will be free from viruses, spyware, or malware.

Yaaep devices and services cannot completely eliminate the occurrence of events (including fire, flood, and theft) that are designed to detect or prevent. Except as expressly provided in the Yaaep Limited Warranty, Yaaep does not warrant that its products or services can detect or prevent such events. You hereby waive, release, cancel, and undertake not to bring any type of action or claim against Yaaep for any loss, damage, or injury related to the products or services.

Yaaep, its licensors, and suppliers do not warrant that defects will be corrected, nor do they warrant that the Service (i) will meet your needs or requirements; (ii) will be compatible with your home network, computer, or mobile device; (iii) will be provided uninterrupted, timely, secure, or error-free; (iv) will be accurate or reliable; or (v) will be available with notice at any time or in any manner. Any advice or information you receive from Yaaep or through the Service, whether oral or written, does not constitute any warranty.

Human error can always occur, and the response time of police, fire, and emergency medical personnel is beyond Yaaep control. You may not receive alarm signals if communication lines or power are interrupted for any reason.

Mobile notifications from your Yaaep products are for informational purposes only.

If any other person, including your subrogation insurance company, brings any claim or action against Yaaep in any way regarding the product or service, you shall indemnify, defend, and hold harmless Yaaep from and against any damages, including but not limited to, all damages, expenses, costs, and attorneys' fees.

Under no circumstances shall Yaaep be liable to you for any indirect, special, punitive, incidental, or consequential damages (including loss of data, loss of revenue, loss of profits, loss of use, or other economic losses), regardless of how such damages arise, even if Yaaep was aware of the possibility of such damages. Yaaep total liability arising out of or in connection with any service or product, whether from contract, tort (including negligence and strict liability), or otherwise, shall not exceed the fees you have actually paid to Yaaep or Yaaep authorized resellers in connection with the relevant service or product within the past 12 months (if any).

Nothing in these Terms (including anything set forth in this "Limitation of Our Liability" clause) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.

These limitations apply to the fullest extent permitted by law and shall remain in effect even if the essential purpose of these Terms is not achieved, or any limited remedy under these Terms is not available.

Time Limit for Filing a Claim

No action or legal action may be taken against Yaaep more than one year from the date of the event causing loss, injury, or damage, or for the shortest period permitted by applicable law.

Please read carefully. This concerns your rights.

Most customer issues can be resolved quickly by contacting us at uptake@yaaep.com. This section addresses potential disputes between you and Yaaep. Arbitration is a private method of resolving disputes where the parties waive their rights to litigation, trial, and jury trial, instead submitting the dispute to a neutral third party (i.e., an arbitrator) for a binding award. You have the option not to apply this clause (as described below), meaning you still have the right to resolve the dispute in court, to be tried by a judge or jury.

Please read this clause carefully. All disputes between you and Yaaep shall be resolved through binding arbitration. Arbitration supersedes the right to litigation. Without this Arbitration Agreement, you may have the right to bring suit in court, to be tried by a judge or jury, and/or to participate in or be represented by others in suits (including, but not limited to, class action lawsuits). Unless otherwise provided, your signing of this Agreement constitutes a waiver of your right to bring suit and to be tried by a judge or jury. There is no judge or jury in arbitration, and the court's review of the arbitral award is limited. The arbitrator must comply with this Agreement and may award the same damages and remedies (including attorneys' fees) as those awarded by the court.

For the purposes of this Agreement, “Yaaep” means Yaaep and its parent company, subsidiaries, and affiliates, as well as the officers, directors, employees, and agents of the aforementioned parties. “Dispute” means any dispute, claim, or controversy between you and Yaaep concerning any aspect of your relationship with Yaaep, whether based on contract, statute, ordinance, statute, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or extent of this Agreement (except for the enforceability of the class action waiver clause below). “Dispute” shall be interpreted as broadly as possible and shall include any claims you may make against us in the same proceedings, as well as any claims you may make against other parties for services or products that have been provided to or for which you have been charged (such as Yaaep licensors, suppliers, distributors, or third-party suppliers).

We both agree that, unless otherwise provided below, any and all disputes, as defined above, whether existing or arising from past or future acts or omissions, shall be settled finally and exclusively through binding arbitration in accordance with these Terms and Conditions, and not through the courts.

Pre-Arbitration Claim Resolution

For all disputes, you must first give Yaaep the opportunity to resolve the dispute by mailing a written notice of dispute to Yaaep. This written notice must contain the following: (1) your name; (2) your address; (3) a written description of your claim; and (4) a description of the specific remedy you are seeking. If Yaaep fails to resolve the dispute within 60 days of receiving your written notice, you may opt to resolve the dispute through arbitration. You may only bring proceedings in court under the following circumstances.

Arbitration Exceptions/Opposition to Withdrawal

Notwithstanding the foregoing, you or Yaaep may opt to resolve the dispute through court proceedings instead of arbitration under the following circumstances: (a) the dispute meets the criteria for acceptance by the Small Claims Tribunal, in which case proceedings may be brought in the Small Claims Tribunal; or (b) you opt to withdraw from the arbitration proceedings within 30 days of your initial agreement to this Agreement (“Withdrawal Deadline”). You may opt out of this provision by mailing a written notice to Yaaep. Your written notice must include: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve the dispute with Yaaep through arbitration. Any withdrawal request received after the withdrawal deadline is invalid, and you must resolve the dispute through arbitration or the Small Claims Tribunal.

Arbitration Proceedings

All disputes shall be arbitrated by the Arbitration Association and by a single arbitrator. Arbitration shall be conducted individually and in no event by class action. All matters, including the scope of application of these Terms, shall be determined by the arbitrator.

For disputes involving amounts less than $75,000, the Supplemental Procedure for Consumer-Related Disputes shall apply if submitted to the Arbitration Association; for disputes involving amounts of $75,000 or more, the Commercial Arbitration Rules shall apply. In the event of any conflict between these Terms and the applicable Arbitration Rules, these Terms shall prevail. In no event shall class action procedures or rules apply to arbitration.

Arbitration Award – The arbitrator may award any relief permitted by law, but has no authority to award relief to, against, or in favor of non-litigation parties. The arbitrator shall award in writing, but no reasoning is required unless requested by a party. Except for the right of appeal provided for in the Federal Arbitration Act, the award is final and binding on both parties and enforceable in any court with jurisdiction over both parties.

Place of Arbitration – You or Yaaep may choose to bring arbitration in Hong Kong or a federal jurisdiction that includes your billing address. If you choose a federal jurisdiction that includes your billing address, Yaaep may transfer the place of arbitration to Hong Kong, provided that Yaaep agrees to pay any additional fees or costs incurred as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – Yaaep will pay all arbitration application fees and the arbitrator's fees and expenses upon your written request prior to the commencement of arbitration. You shall bear all other fees and costs incurred during the arbitration proceedings, including but not limited to attorneys' fees or expert witness fees. The determination of fees and costs will be governed by applicable law. Except for any right of recourse for fees and costs provided for under applicable law, if you have given notice to Yaaep and engaged in good faith negotiations as described in the “Pre-Arbitration Claims Resolution” section above, and the arbitrator determines that you are the winning party in the arbitration, you are entitled to reasonable attorneys’ fees and costs as determined by the arbitrator.

Class Action Waiver

Unless otherwise provided in these Terms, the arbitrator may not consolidate claims against more than one person, nor may they preside over any form of class action or representative action (such as a class action, consolidated action, or private prosecutor action) in any other manner, unless you and Yaaep expressly agree after the commencement of arbitration. This class action waiver does not apply to you if you choose to withdraw from the arbitration clause and resolve your dispute through court proceedings (as stated above).

Neither you nor any other user of this website or service may become a representative, member, or otherwise participate in a class action, consolidated action, or representative action without complying with the foregoing opt-out requirements.

Waiver of Jury Trial Rights

You understand and agree that by entering into this Agreement, both you and Yaaep waive the right to a jury trial or trial by a judge in open court. Without this clause, you and Yaaep might have had the right or opportunity to have your dispute heard in court by a judge or jury, and/or to participate in or be represented in litigation (including class action lawsuits). Unless otherwise provided below, these rights are waived. If you choose to litigate, other rights you would have had, such as the right of appeal and certain types of discovery rights, may be further restricted or waived.

Severability

If any provision of these Terms (other than the above-mentioned class action waiver) is held to be illegal or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall continue to be in full force and effect. If the class action waiver is held to be illegal or unenforceable, these Terms shall be void in their entirety, and the dispute shall be adjudicated by a court.

Continuation

These Terms shall remain in effect after your termination of service with Yaaep or its affiliates. Notwithstanding any provision to the contrary in this Agreement, we agree that if Yaaep makes any changes to these Terms (except for changes to the notification address), you have the right to refuse any such changes and require Yaaep to comply with the wording of these Terms in any dispute between the parties.

These Terms of Service and any separate agreements we provide to you regarding the provision of services shall be governed by and construed in accordance with the laws of Hong Kong.

Our services are constantly evolving to provide you with exciting and useful improvements. Yaaep may change, suspend, or terminate the services at any time. Yaaep shall not be liable to you or any third party for any modification, suspension, or termination of the services. Yaaep may also change, update, add to, or delete the provisions of these Terms at any time by posting updated terms on the Yaaep website, issuing notices through the services, or sending you any changes via email. Your continued use of the services after Yaaep updates the terms constitutes your acceptance of all updated terms; if you do not agree to any updated terms, you must immediately cease using the services.

If you have any privacy-related questions or comments regarding these terms, please contact us via email at uptake@yaaep.com.