Welcome to Yeti, My Friend, and Trooᵀᴹ by Yeti My Friend, an application and services designed to take a whole-child approach to unlock creativity, nurture curiosity, and develop social-emotional skills for elementary and primary school children. We’re excited to have you join us, but first we need you to agree to the rules and restrictions that govern your use of our website(s) (the “Website”), our products, services and applications (the “Applications”) (together with the Website, the “Services”). The paid version of Troo, a Yeti, My Friend application is a “Premium Application(s)” and those are available as a separate subscription for individual users or under a separate agreement with a school or school district. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@yetimyfriend.com.

Agreeing to these Terms; Changes

These Terms of Use (the “Terms”) are a binding contract between you and Yeti My Friend, Inc. (“Yeti” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Yeti Privacy Policy.

Since we are constantly trying to improve our Services, these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention at least 30 days before those changes take effect, by placing a notice on the yetimyfriend.com website, and/or by sending you an email and/or by some other means. We do reserve the right to effect important changes more quickly as needed, as in the case of a requirement for legal compliance, a security threat or other emergency situation, or if we are granting you more rights than you had under the previous version of the Terms. Those important changes will be effective immediately. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is made effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Privacy

For the current, complete Yeti Privacy Policy, please click here: https://yetimyfriend.com/privacy

Applicability of These Terms

Generally

These Terms apply to the use of our Website and our Applications. In most cases, these Terms are the same for our Services (our Website and our Applications), but in some cases, we point out where the terms for the use of our Website are different from the terms for the use of our Applications.

The Website is intended for use by the general public, especially educators and other adults who work in education, and including parents and guardians. The Website may be used by students – it is available to anyone with a web browser – but it is not intended to be used by students.

The Applications are intended to be used by elementary and primary school students. The Applications are intended for students to use as part of classroom instruction with their teachers or as part of instruction or enrichment with a parent or guardian.

Users of our Premium Applications.

If you are a student, teacher, parent, guardian or other user of our Premium Applications, then our obligations to you are controlled by a separate written agreement which may have terms which are different from these Terms. That agreement is between us and (usually) the school or school district through which you are accessing the Premium Applications, and any questions about the specific terms of that agreement should be directed to an appropriate person in authority in that school or school district.  Notwithstanding the foregoing, individual parents or guardians may also elect to register and pay for a premium account and for which these Terms will apply.

Using the Services

Using the Website

Using the Website alone does not require payment or the creation of an account.  Your use of the Website is subject to the Privacy Policy and those elements of these Terms applicable to the Services generally.

Signing up to Use the Applications

Use of the free versions of the Applications does not require payment, but we reserve the right to limit or reduce the functionality or features available in the free versions of the Applications.

In order to use the Applications, you must sign up for an account (“Account”) and select a password and username for the Account (“Yeti User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself during the registration process. In certain situations, your Yeti User ID may be selected for you by your school or district; the same rules apply to them when they select a Yeti User ID for you.  For certain Users associated with a school account, you may be provided a QR code for log-in purchases.  This QR code is generated for each individual User and as such should be safeguarded as you would your password.  

You represent and warrant that you are of legal age to form a binding contract, or if you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only use the Applications with the express consent of and agreement to these Terms by your parent, guardian, school or school district. If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re a teacher agreeing to these Terms on behalf of a school or an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

As to the Children’s Online Privacy Protection Act (“COPPA”) or any state law which requires consent or authorization from a parent or guardian for the collection or use of information concerning a student, the parent, guardian, teacher, school or school district, is responsible and liable for fulfilling any applicable consent requirement.

You will only use the Services for your personal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

Interacting with the Applications

The Applications consist of exercises and content to unlock creativity, nurture curiosity, and develop social-emotional skills, with Yeti Content (defined below) provided by Yeti. 

In exercises or activities where Students provide responses, react to Yeti Content or provide mindfulness/mood check-ins (currently either in writing or via voice capture - in the future the application may also incorporate video capture), Student and or Parent/Teacher feedback or responses are known as “User Submissions”. Within the Applications, Students cannot see other User Submissions.   Under no circumstances may Users provide content, messages or submissions that are: (i) illegal; (ii) harass, threaten, abuse or intimidate other users or anyone; (iii) impersonate someone else or another user OR (iv) spam others including other users.  Any violation of these Terms of Use may result in the suspension of your account notwithstanding the subscription status.  

Yeti usually stores User Submissions in the Applications for as long as we are working with a school or school district or for as long as an account is registered if not a school or school district account. If you want a copy of your User Submissions, please tell us at privacy@yeti.com.  If the account for which a request is made is a school or school district account, the consent of your school or district will be required before we are able to provide you with a copy.

Ownership and Licensing

Yeti Content and the Services

The materials displayed or performed on the Services provided by Yeti or its licensors, including, but not limited to, text, graphics, articles, photos, images, and illustrations (all of the foregoing, the “Yeti Content”) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Yeti Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Yeti Content, (i) without Yeti’s prior written consent or (ii) in a way that violates someone else’s (including Yeti’s) rights.

You understand that Yeti owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.

User Submissions

In order to display your User Submissions within the Applications so that your parent, teacher or your child or your students can see them in order to use the Applications for their intended educational purposes, you grant us certain limited rights in those User Submissions. It is necessary for the use of the Applications that teachers can see their students’ User Submissions, students can see teacher’s feedback (technically also User Submissions), and in some cases, school or school district administrators can see User Submissions from both teachers and students in the school or school district – this is not something that we can change. However, we don’t display any User Submissions publicly.

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.

You hereby grant Yeti a license to (1) translate, modify (for technical purposes, for example making sure your content is viewable on your mobile device as well as your computer) and reproduce your User Submissions, in each case to enable us to operate the Applications, (2) to display, perform, and distribute your User Submission for the sole purpose of displaying that User Submission to the users who need to see such User Submission for the educational purposes of the Applications. Also, you grant such other users a license to access that User Submission, and to use and exercise all rights in necessary for the educational purposes of the Applications, as permitted by the functionality of the Applications. This is a license only – your ownership in User Submissions is not affected.

You agree that the licenses you grant are royalty-free and worldwide, for as long as your User Submissions are stored with us. When you (or your school or district) delete your Account, we will delete your User Submissions from our servers.  You also agree that the licenses hereunder permit use deidentified User Submissions even after the deletion of an Account for quality control, platform development and service improvement.

Links to Third Parties.

Both the Website and the Applications may contain links to third party websites or services that are not owned or controlled by Yeti. Yeti limits outbound links within the Applications to third-party external websites that Yeti believes are age appropriate for students in the grades which the Applications are intended to serve. The outbound links from the Applications are optional, and are not necessary for the use of the Applications’ intended educational purposes. Because the Website is intended for adults, we do not formally impose such an age-appropriate limitation, but the Website links only to sites which are intended for the general public or specific individuals with an interest in education.

When you access third party websites or use third party services, you accept that there are risks in doing so, and that Yeti is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Yeti has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. In addition, Yeti will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

User Responsibility

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Yeti);

2. Violates any law or regulation;

3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

4. Jeopardizes the security of your Yeti Account or anyone else’s (such as allowing someone else to log on as you on the Services);

5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

6. Violates the security of any computer network, or cracks any passwords or security encryption codes;

7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

8. “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);

9. Copies or stores any significant portion of the Content or decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Changes to the Services

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Termination

You’re free to do that at any time, by contacting us at hello@yeti.com.

Yeti is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our absolute discretion, including your breach of these Terms. Yeti has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account.

If you have deleted your Account by mistake, contact us immediately at privacy@yeti.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.  Note that any deletion of your account or the deidentification of personal information associated with your account will occur no later than ninety (90) days from the request for termination or deletion.  

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

General Terms

Warranty Disclaimer

Yeti does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL YETI BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO YETI IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Yeti, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

If there is a dispute between participants on this site, or between users and any third party, you agree that Yeti is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Yeti, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Yeti’s prior written consent. In the event of our acquisition, merger, the sale of our assets, or if we go out of business, enter bankruptcy, or go through some other change of control, we can and will assign our rights and delegate our duties under these Terms to the successor to our business or assets, but we will not transfer your personal information except subject to the conditions set forth in the Privacy Policy.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS, and you and we expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. Notwithstanding the foregoing obligation to arbitrate disputes, Yeti shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, the City and County of San Francisco, California, or the Northern District of California.

YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). If you do not notify us in accordance with this Section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your Yeti User ID; (iii) your mailing address and (iv) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this Section. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this Section, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Miscellaneous

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Yeti agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Yeti, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Yeti in any respect whatsoever. You and Yeti agree there are no third-party beneficiaries intended under this Agreement.

Questions; Contacting Us

If there are any questions regarding these terms we may be contacted using the information below.

hello@yetimyfriend.com