Terms of use

These Terms of use (the "Terms") govern your access to and use of the Yomi app for Android, the web app at learnyomi.com, and any related websites and services (together, the "Service"), provided by Yomi ("Yomi", "we", "us" or "our").

Please read them carefully. They include a binding arbitration agreement and a class action waiver (section 15) that affect how disputes are resolved.

1. Acceptance of these Terms

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy policy. If you do not agree, do not use the Service.

2. 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 involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. You may not use the Service if you are barred from doing so under applicable law.

3. Accounts

You are responsible for the information you provide, for keeping your sign-in methods (passkey, password and recovery code) secure, and for all activity that occurs under your account. Notify us promptly at support@learnyomi.com if you believe your account has been accessed without permission. We are not liable for any loss or damage arising from your failure to protect your account.

4. Acceptable use

You agree not to, and not to help anyone else to:

• use the Service in violation of any law or the rights of others;
• access or attempt to access accounts, systems or data you are not authorized to access;
• interfere with, disrupt, overload or impair the Service or its infrastructure;
• scrape, crawl, copy in bulk, reverse engineer or decompile the Service, except to the extent applicable law expressly permits it;
• submit false, misleading, infringing, abusive or harmful content, including false minyan information or gabbai claims;
• impersonate any person or misrepresent your affiliation with any person or organization; or
• use the Service to send spam or to harm, harass or exploit others.

5. Content and third-party texts

• Texts in the reader are freely licensed or used with the publisher's permission, and are credited in the app. Your use of those texts outside the Service is subject to their own licences and terms.
• The Service is a tool to help you keep track of your learning and other commitments. Nothing in the Service is a halachic ruling or professional advice. For practical questions, consult a qualified rav.
• Zmanim, calendars, schedules, minyan times and locations are provided for convenience only and may be incomplete, out of date or incorrect. Always verify times and information that matter to you with the relevant shul or another reliable source.
• The Service may include links to or content from third parties. We do not control and are not responsible for third-party content, websites or services.

6. Intellectual property

Except for third-party texts and content, the Service and its software, design, text, graphics, logos and other materials are owned by or licensed to Yomi and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial purposes. All rights not expressly granted are reserved.

7. Your content and submissions

You keep whatever rights you have in content you create in the Service, such as notes and PDFs you upload. You grant us a licence to host, store, process and display that content as needed to operate the Service for you.

If you send us feedback, suggestions, bug reports, minyan corrections, photos or other submissions, you grant Yomi a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use, copy, modify, publish and otherwise exploit them for any purpose, without compensation or attribution to you. You confirm that you have the right to grant this licence and that your submissions do not violate anyone's rights.

8. Disclaimer of warranties

THE SERVICE AND ALL CONTENT AND INFORMATION IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOMI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, 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 REMINDERS OR NOTIFICATIONS WILL BE DELIVERED, THAT ZMANIM, CALENDARS, MINYAN TIMES OR OTHER INFORMATION WILL BE ACCURATE OR COMPLETE, OR THAT ANY DATA WILL BE PRESERVED. YOU USE THE SERVICE AT YOUR OWN RISK.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOMI OR ITS OWNERS, OPERATORS, AFFILIATES, CONTRIBUTORS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL OR USE, 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Yomi and its owners, operators, affiliates, contributors and service providers from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to your use of the Service, your content or submissions, or your violation of these Terms or of any law or the rights of any third party.

11. Suspension and termination

We may suspend or terminate your access to all or part of the Service, or delete your account, at any time and for any reason or no reason, with or without notice, including if we believe you have violated these Terms. You may stop using the Service and delete your account at any time from Settings. Sections that by their nature should survive termination will survive, including sections 6 through 10 and 13 through 17.

12. Changes to the Service

We may change, add or remove features of the Service, or suspend or discontinue the Service in whole or in part, at any time and without liability to you.

13. Changes to these Terms

We may revise these Terms from time to time. When we do, we will post the revised Terms on this page and change the effective date above. Your continued use of the Service after the revised Terms are posted means you accept them.

14. Governing law

These Terms are governed by applicable law, without regard to conflict-of-law principles, and by the Federal Arbitration Act with respect to section 15.

15. Dispute resolution: binding arbitration and class action waiver

Informal resolution. Before starting any proceeding, you agree to contact us at support@learnyomi.com and try in good faith to resolve the dispute informally for at least 30 days.

Arbitration. Except as stated below, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered by a recognized arbitration provider under its rules for consumer disputes then in effect, rather than in court. The arbitrator, and not any court, will have exclusive authority to resolve any dispute about the interpretation, applicability or enforceability of this agreement to arbitrate. 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 waiver. YOU AND YOMI 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. YOU AND YOMI WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person's claims and may award relief only in favour of the individual party seeking relief and only to the extent needed to resolve that party's individual claim.

If the class action waiver is found unenforceable as to any claim, that claim must be severed and decided in court, and the rest of this section will still apply. To the extent permitted by applicable law, any claim arising out of or relating to the Service must be brought within one (1) year after it arises, or it is permanently barred.

16. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

17. Entire agreement and assignment

These Terms, together with the Privacy policy, are the entire agreement between you and Yomi about the Service and supersede any prior agreements. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them without restriction.

18. Contact

Questions about these Terms? Write to support@learnyomi.com.