1. Introduction and Acceptance
Welcome to YesHello. These Terms and Conditions ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Thrive Route Digital Limited, a company incorporated in Hong Kong (Business Registration Number: 73780714) ("YesHello," "we," "us," or "our"), governing your access to and use of the YesHello platform, website, applications, and related services available at yeshello.app (collectively, the "Service").
Please read these Terms carefully before using the Service.
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at https://yeshello.app/page/privacy-policy). If you do not agree to these Terms, you must not use the Service.
These Terms are drafted in English. Any translated version is provided for your convenience only and is not intended to modify the English version. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail and govern, except where prohibited by mandatory applicable law in your jurisdiction.
We may update these Terms from time to time. Section 20 explains how changes work.
2. Definitions
In these Terms, the following capitalised terms have the meanings set out below:
"Account" means your registered YesHello user account.
"Card" means a digital business card, micro-page, or business presence page created using the Service.
"Content" means any text, images, graphics, links, data, or other materials.
"Lifetime Deal" or "LTD" means a one-time purchase granting access to specified features of the Service for the operational lifetime of the Service, subject to these Terms.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws.
"Plan" means the specific subscription tier, package, or offer under which you access the Service, including any associated features, usage limits, and terms as described at the time of your registration, purchase, or upgrade.
"Stripe" means Stripe, Inc. and its affiliates, which provide payment processing services for the Service.
"User Content" means all Content that you create, upload, submit, or publish through the Service, including Card content, form configurations, images, text, and links.
"Visitor" means any person who views or interacts with a Card.
"Visitor Data" means Personal Data collected from Visitors through lead capture forms or other data collection features on your Cards.
"Webhook" means a method of sending data from YesHello to a third-party service endpoint designated by you.
3. Eligibility and Account Registration
3.1 Age Requirement
You must be at least eighteen (18) years old to create an Account and use the Service. By creating an Account, you represent and warrant that you meet this age requirement.
3.2 Account Registration
To use certain features of the Service, you must create an Account by providing accurate and complete information. You agree to keep your Account information current and accurate at all times.
3.3 Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] if you become aware of any unauthorised use of your Account.
3.4 One Person or Entity per Account
Each Account is for a single individual or legal entity. You may not share Account credentials with others except through our Team features, which provide managed access under your Account.
3.5 Business Accounts
If you create an Account on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" refer to that entity.
4. The Service
4.1 Service Description
YesHello is a software-as-a-service (SaaS) platform that enables you to create digital business cards, micro-pages, and business presence pages. The specific features, tools, and capabilities available to you are determined by your Plan and may be updated from time to time.
4.2 Service Availability
We aim to keep the Service available at all times, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
4.3 Changes to the Service
We may modify, update, or discontinue features of the Service at any time. Section 20 describes how we handle material changes.
4.4 Beta Features
We may offer beta or experimental features. These are provided "as is" without any warranty or service level commitment. We may discontinue beta features at any time without notice.
5. Subscription Plans, Fees, and Payment
5.1 Plans
YesHello offers free and paid subscription Plans. The features, usage limits, and pricing of each Plan are described on our pricing page and during the sign-up or upgrade process. The terms of your Plan as presented to you at the time of registration, purchase, or upgrade constitute part of your agreement with us. We may change the features and pricing of Plans from time to time, subject to Section 5.4.
5.2 Payment Processing
All payments are processed by Stripe pursuant to Stripe's Terms of Service (https://stripe.com/legal) and Privacy Policy (https://stripe.com/privacy). By making a purchase, you agree to Stripe's terms.
We do not store, process, or have access to your full payment card numbers, security codes, or other sensitive payment authentication data.
We retain only non-sensitive transaction references (such as Stripe event identifiers, last four digits of your payment method, and transaction timestamps) for customer support and record-keeping purposes. All payment information is transmitted directly to Stripe's PCI DSS Level 1 certified infrastructure.
5.3 Billing and Auto-Renewal
AUTO-RENEWAL NOTICE: Paid subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current rate unless you cancel before the renewal date. You authorise us to charge your payment method on file for each renewal period.
You may cancel at any time through your Account settings. Cancellation takes effect at the end of your current billing period; you will retain access to paid features until that date.
5.4 Price Changes
We may change subscription prices from time to time. We will notify you of any price increase at least thirty (30) days before your next renewal date by email. Price increases will not apply to your current subscription term. If you do not agree to the new pricing, you may cancel your subscription before the renewal date.
5.5 Refund Policy
(a) Monthly subscriptions: No refunds for partial months. You retain access until the end of your billing period upon cancellation.
(b) Annual subscriptions: If you request a refund within fourteen (14) days of your initial purchase or annual renewal, we will issue a pro-rata refund for the unused portion. After fourteen (14) days, no refunds are issued, but you retain access until the end of your annual term.
(c) Lifetime Deals: Refund requests are subject to the terms of the platform through which the Lifetime Deal was purchased (for example, AppSumo's refund policy). After the applicable refund window has expired, Lifetime Deal purchases are non-refundable. See Section 7 for full Lifetime Deal terms.
(d) Processing: Stripe retains the original processing fee on all refunds. Refunds are issued to the original payment method and typically appear within five to fourteen (5-14) business days.
(e) EU consumers: If you are a consumer located in the European Economic Area, please see Section 23.1 regarding your right of withdrawal.
5.6 Taxes
You are responsible for all applicable taxes, duties, and levies associated with your use of the Service, except taxes on our net income. If we are required to collect or remit taxes on your behalf, the appropriate amount will be added to your invoice.
5.7 Disputes on Charges
If you believe a charge is incorrect, contact us at [email protected] within sixty (60) days of the charge. We will work to resolve billing issues within five (5) business days. Filing a payment dispute or chargeback with your bank for services you have received without first attempting to resolve the matter with us may result in temporary suspension of your Account until the dispute is resolved.
5.8 Plan Changes
You may upgrade or downgrade your subscription Plan at any time through your Account settings. Upgrades take effect immediately, and you will be charged the pro-rated difference for the remainder of your current billing period. Downgrades take effect at the beginning of the next billing period. When downgrading, certain features, data, or content associated with your higher-tier Plan may become inaccessible. The terms, features, and limits of your new Plan are those in effect at the time of the change.
6. Free Plan and Usage Limits
6.1 Free Plan
YesHello offers a Free Plan that provides core Card functionality subject to usage limits as described during sign-up and in your Account dashboard. The Free Plan is offered at our discretion and may be modified or discontinued at any time with thirty (30) days' prior notice.
6.2 Usage Thresholds and Progressive Feature Management
Cards on the Free Plan include interactive functionality subject to usage thresholds as described in your Plan terms and displayed in your Account dashboard.
Once a Free Plan Card exceeds the applicable usage threshold for your Plan:
(a) The Card will remain publicly accessible and indexed by search engines, preserving your SEO value and online presence;
(b) Interactive elements, including lead capture forms, clickable links, and dynamic features, may be temporarily limited or disabled;
(c) Visitors attempting to interact with limited elements will be presented with a notification that the Card is currently in limited mode; and
(d) Full functionality will be restored at the start of the next billing cycle or upon upgrading to a paid Plan.
6.3 No Data Loss
Exceeding a usage threshold does not result in any loss of your content, data, or form submissions collected prior to reaching the threshold. Your Card content and settings are fully preserved.
6.4 Transparency
Current usage metrics and proximity to applicable thresholds are visible in your Account dashboard. We will send you notifications as you approach and reach your Plan's usage thresholds.
6.5 Nature of Limitation
Usage thresholds are an inherent feature of the Free Plan as described at the time of sign-up. The post-threshold experience described above is a defined characteristic of the free tier, not a reduction in service. Paid Plans are available for users who require higher usage capacity.
7. Lifetime Deals
7.1 Definition
A "Lifetime Deal" provides access to specified features of the Service for the operational lifetime of the Service - that is, for as long as Thrive Route Digital Limited continues to offer the YesHello platform commercially. "Lifetime" does not mean perpetual or forever. The one-time payment reflects a significant discount in exchange for the User accepting the inherent uncertainty of long-term software access.
7.2 Scope
Your Lifetime Deal entitles you to the features and usage limits of the specific Plan tier as described at the time of your purchase. Feature availability is subject to the Fair Use Policy in Section 7.4 and our right to modify the Service under Section 20.
7.3 Feature Modifications
We reserve the right to modify, update, enhance, or discontinue specific features of the Service at any time. Lifetime Deal holders are entitled to the core functionality category of the Plan tier purchased, but not to any specific feature configuration that existed at the time of purchase. We will provide reasonable notice of material changes to core functionality.
7.4 Fair Use Policy
Lifetime Deal access is subject to fair use. Usage that significantly exceeds normal usage patterns for your Plan tier may be subject to throttling, temporary usage caps, or a requirement to upgrade to a higher tier. We reserve the right to set, modify, and enforce fair use limits to ensure service quality for all Users. Fair use limits, if imposed, will be communicated to you in advance, and you will have the opportunity to adjust your usage before any restrictions are applied.
7.5 Non-Transferable
Lifetime Deal licences are non-transferable and may not be sold, assigned, sublicensed, or otherwise transferred to any third party. Each licence is associated with a single Account and may not be shared among multiple entities or individuals beyond the scope of the purchased Plan tier.
7.6 Discontinuation of Service
In the event that YesHello is discontinued, acquired, or materially pivoted such that the Service no longer serves its original purpose, we will: (a) provide at least ninety (90) days' advance written notice to Lifetime Deal holders; (b) make commercially reasonable efforts to allow data export during the notice period; and (c) where practicable, provide a credit or comparable benefit toward any successor service.
7.7 Third-Party Marketplace Terms
If you purchased your Lifetime Deal through a third-party marketplace (such as AppSumo), the refund policy of that marketplace applies during the marketplace's stated refund period. After that period, these Terms govern. Activation codes must be redeemed within the time period specified by the marketplace.
8. User Content and Intellectual Property
8.1 Your Content Ownership
You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to us.
8.2 Licence Grant to YesHello
By uploading or creating User Content through the Service, you grant YesHello a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, display, and distribute your User Content solely for the purposes of: (a) providing and operating the Service; (b) displaying your Cards to Visitors; (c) generating thumbnails and previews; and (d) improving the Service. This licence terminates when you delete your User Content or your Account, except: (i) where your User Content has been shared with or accessed by others prior to deletion; (ii) where retention is required by law; or (iii) for reasonable backup and archival purposes.
8.3 Promotional Use
We may feature anonymised or aggregated examples of Card designs in marketing materials and case studies. If we wish to use your Card as an identifiable example, we will seek your prior written consent.
8.4 Feedback
If you provide us with suggestions, ideas, feedback, or other input regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate such Feedback into the Service without any obligation to you.
8.5 Platform Intellectual Property
The Service, including all software, source code, design elements, templates, algorithms, trademarks, logos, and associated documentation, is the exclusive property of Thrive Route Digital Limited and is protected by applicable intellectual property laws. These Terms grant you no right to use YesHello's trademarks, logos, or branding except as expressly authorised in writing.
8.6 Licence to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes. This licence does not include any right to: (a) resell or commercially exploit the Service; (b) modify or create derivative works of the Service; (c) reverse engineer, decompile, or disassemble any part of the Service; or (d) use the Service in any way not expressly authorised by these Terms.
8.7 Aggregated Data
We may collect and use aggregated, anonymised, or de-identified data derived from your use of the Service for analytics, product improvement, benchmarking, and other business purposes. Such aggregated data does not include your Personal Data or identifiable User Content.
9. Lead Capture Forms and Visitor Data
9.1 You Are the Data Controller
When you use YesHello's lead capture forms or data collection features, you act as the data controller (or equivalent role under applicable law) for any Personal Data collected from Visitors. YesHello processes Visitor Data solely on your behalf as a data processor.
9.2 Your Responsibilities
As the data controller for Visitor Data, you are solely responsible for:
(a) Ensuring you have a lawful basis for collecting and processing Visitor Personal Data, including obtaining any required consents; (b) Providing Visitors with a privacy notice that complies with applicable law before or at the point of data collection, including the identity of the data controller and the purposes of processing; (c) Complying with all applicable data protection laws, including the GDPR, CCPA/CPRA, Hong Kong Personal Data (Privacy) Ordinance, and any other applicable privacy regulations; (d) Responding to data subject access requests and other rights requests from your Visitors within the timeframes required by applicable law; and (e) Determining appropriate data retention periods for the Visitor Data you collect.
9.3 YesHello's Obligations as Data Processor
Our obligations as a data processor are set forth in our Data Processing Addendum ("DPA"), which is incorporated into these Terms by reference and available at https://yeshello.app/page/dpa. The DPA addresses sub-processor management, security measures, breach notification, and other data processing obligations.
9.4 Webhook Data Transfers
When you configure webhook integrations to send Visitor Data or form data to third-party services, you acknowledge that:
(a) You are directing YesHello to transfer Personal Data to a third-party service endpoint you designate; (b) You are responsible for ensuring that the receiving third-party service provides adequate data protection; (c) YesHello is not responsible for the data processing practices, security, or availability of any third-party service receiving data through webhooks; and (d) Such transfers may involve cross-border data transfers for which you bear responsibility to ensure adequate safeguards are in place.
9.5 Visitor Data Retention on Termination
Following Account termination, Visitor Data collected through your lead capture forms will be deleted within sixty (60) days unless a longer retention period is required by applicable law or is necessary to resolve an outstanding dispute.
10. Third-Party Services and Integrations
10.1 General Disclaimer
The Service integrates with or provides access to third-party services, including payment processors (Stripe), webhook endpoints, domain registrars, Google services, and AI technology providers. These third-party services are not part of the Service and are governed by their own terms and policies. YesHello does not control, endorse, or assume responsibility for any third-party service.
10.2 Stripe Payment Processing
Payments are processed by Stripe pursuant to Stripe's terms of service and privacy policy. YesHello is not responsible for errors, security incidents, or service disruptions caused by Stripe or any financial institution. If you experience a payment issue, contact us and we will work with Stripe to resolve it; however, resolution timelines are subject to Stripe's processes and those of your financial institution.
10.3 Google Reviews Integration
Where available under your Plan, the Google Reviews integration displays review data sourced from Google's platforms. YesHello does not guarantee the accuracy, availability, or completeness of Google Reviews data. Google may change its APIs, terms, or data availability at any time, which may affect this feature. We are not responsible for the content of reviews or actions taken by Google regarding review data.
10.4 Webhook Integrations
YesHello provides webhook functionality that allows you to transmit data to external services you designate. You are solely responsible for: (a) the configuration and security of webhook endpoints; (b) the accuracy and reliability of any third-party service receiving your data; (c) compliance with applicable data protection laws for data transmitted via webhooks; and (d) any consequences arising from data transmitted to third-party services. YesHello does not warrant the delivery, security, or processing of data by third-party webhook recipients.
10.5 Links to Third-Party Websites
Your Cards may contain links to third-party websites. We do not control and are not responsible for the content, privacy practices, or availability of linked websites.
11. Custom Domains
11.1 Custom Domain Connection
You may connect a custom domain to your YesHello Card, subject to your Plan. When you connect a custom domain, you represent and warrant that you are the authorised registrant or have permission from the registrant to use the domain.
11.2 Your Responsibilities
You are responsible for: (a) maintaining valid domain registration and renewal; (b) proper DNS configuration as instructed by YesHello; (c) compliance with your domain registrar's terms of service; and (d) any content served through the custom domain.
11.3 SSL Certificates
YesHello will provision SSL certificates for connected custom domains where technically feasible. We are not responsible for SSL certificate interruptions caused by domain configuration changes, registrar issues, or certificate authority policies.
11.4 Domain Reclamation
YesHello reserves the right to disconnect a custom domain from the Service if: (a) the domain is used in violation of these Terms or the Acceptable Use Policy; (b) the domain registration expires; or (c) continuation of the domain connection poses a security risk.
12. AI-Generated Content
12.1 AI-from-URL and AI Features
YesHello offers AI-powered features that generate Card content, including the AI-from-URL card builder. AI-generated content is produced using automated technology and may contain inaccuracies, errors, or omissions.
12.2 Your Responsibility
You are solely responsible for reviewing, verifying, and approving all AI-generated content before publishing it on your Card. Once you publish AI-generated content, it becomes your User Content and you assume full responsibility for it.
12.3 No Warranty of Accuracy
YesHello makes no representation or warranty regarding the accuracy, completeness, originality, or fitness for purpose of any AI-generated content. AI-generated content does not represent the views or endorsements of YesHello. You must not represent AI-generated content as independently verified factual information without your own verification.
12.4 Intellectual Property in AI Content
You are responsible for ensuring that AI-generated content published on your Card does not infringe any third-party intellectual property rights.
13. Acceptable Use Policy
13.1 Prohibited Conduct
You agree not to use the Service to:
(a) Impersonate or misrepresent: Create Cards falsely representing another person, business, or organisation, or misrepresent your affiliation with any person or entity; (b) Phish or scam: Create Cards designed to deceive Visitors into revealing personal information, making payments, or taking actions based on false pretences; (c) Distribute adult content: Publish sexually explicit material or promote adult services; (d) Promote illegal activity: Advertise, sell, or facilitate illegal goods, services, or activities, including controlled substances, unlicensed financial services, or counterfeit goods; (e) Spread hate or harassment: Publish content that promotes violence, hatred, or discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics; (f) Distribute malware: Include or link to viruses, trojans, ransomware, spyware, or other malicious software; (g) Spam or abuse: Create Cards in bulk through automated means, engage in SEO manipulation, or use the Service to send unsolicited communications; (h) Infringe intellectual property: Use copyrighted materials, trademarks, or trade secrets belonging to others without authorisation; (i) Publish misleading business information: Display deliberately false credentials, fabricated reviews, or fraudulent business claims; (j) Violate privacy: Publish others' Personal Data without their consent; (k) Harm minors: Publish content that exploits, endangers, or is directed at children under the age of sixteen (16); (l) Interfere with the Service: Attempt to gain unauthorised access to the Service, other accounts, or connected systems, or engage in any activity that disrupts or places unreasonable burden on the Service infrastructure; or (m) Circumvent restrictions: Attempt to bypass usage limits, rate limits, access controls, or any feature management mechanisms described in your Plan terms.
13.2 Enforcement
YesHello reserves the right, but is not obligated, to monitor User Content and Account activity. Upon becoming aware of a violation, we may, at our sole discretion: (a) issue a warning; (b) temporarily suspend the offending Card(s); (c) remove content; (d) suspend or terminate your Account; or (e) pursue legal action.
13.3 Appeals
You may appeal a content moderation decision by contacting [email protected] within thirty (30) days of the action. Appeals will be reviewed by a staff member who was not involved in the original decision. We will provide a response within fifteen (15) business days.
13.4 Reporting Violations
If you believe a Card or User violates these Terms, please report it to [email protected] with a description of the violation and the relevant Card URL.
14. Copyright Infringement and DMCA
14.1 Respect for Intellectual Property
YesHello respects the intellectual property rights of others and expects Users to do the same.
14.2 Designated Agent
YesHello's designated agent for receiving copyright infringement notices under the United States Digital Millennium Copyright Act ("DMCA") is:
DMCA Agent Thrive Route Digital Limited 21/F CMA Building, 64 Connaught Road Central, Hong Kong Email: [email protected]
14.3 Takedown Notices
If you believe content on YesHello infringes your copyright, please submit a written notification to our DMCA Agent containing:
(a) Identification of the copyrighted work claimed to have been infringed; (b) Identification of the allegedly infringing material with sufficient information for us to locate it (such as the Card URL); (c) Your contact information (name, address, telephone number, email); (d) A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on behalf of the owner; and (f) Your physical or electronic signature.
14.4 Counter-Notification
If you believe your content was wrongly removed, you may submit a counter-notification to our DMCA Agent containing:
(a) Identification of the removed material and its former location; (b) A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; (c) Your name, address, telephone number, and consent to the jurisdiction of the federal court in your judicial district (or, if outside the United States, any judicial district in which YesHello may be found); (d) A statement that you will accept service of process from the party who filed the original notice; and (e) Your physical or electronic signature.
Upon receiving a valid counter-notification, we will forward it to the original complainant and restore the material within ten to fourteen (10-14) business days unless the complainant files a court action seeking a restraining order.
14.5 Repeat Infringer Policy
YesHello will terminate the Accounts of Users who are determined to be repeat infringers. A repeat infringer is a User who has been the subject of more than two (2) valid takedown notices.
14.6 International Copyright Compliance
For Users and rights holders outside the United States, YesHello also complies with applicable copyright takedown procedures under the EU Digital Services Act, EU Copyright Directive (2019/790), and equivalent laws in other jurisdictions. The notice requirements described in Section 14.3 apply regardless of jurisdiction.
15. Privacy and Data Protection
15.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, available at https://yeshello.app/page/privacy-policy, which is incorporated into these Terms by reference.
15.2 Data Processing Addendum
For Users processing Personal Data through the Service (including through lead capture forms), our Data Processing Addendum ("DPA") sets out the data processing terms and is available at https://yeshello.app/page/dpa. The DPA is incorporated into these Terms by reference.
15.3 Data Hosting
User Content and Visitor Data are hosted on servers located in Germany. Specific hosting details are described in our Privacy Policy.
15.4 PCI DSS Compliance
Our platform uses Stripe's hosted payment fields to ensure that sensitive payment card information is transmitted directly to Stripe's PCI DSS Level 1-validated servers without passing through our systems. We maintain compliance with applicable PCI DSS requirements for our integration method.
15.5 No Use of Content for AI Training
We do not use your User Content or Visitor Data to train artificial intelligence or machine learning models, except where: (a) we use aggregated, anonymised data that cannot be linked to any individual User or Visitor; or (b) you have provided explicit consent.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, YESHELLO DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY CONTENT, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PURPOSE; OR (D) DEFECTS WILL BE CORRECTED.
You acknowledge that the Service may be subject to limitations, delays, and other problems inherent in the use of internet-based services and electronic communications.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply only to the extent permitted by applicable law. See Section 23 for region-specific provisions.
17. Limitation of Liability
17.1 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YESHELLO, THRIVE ROUTE DIGITAL LIMITED, OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF YESHELLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YESHELLO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO YESHELLO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED US DOLLARS (US$100).
17.3 Carve-Outs
The limitations in Sections 17.1 and 17.2 shall not apply to: (a) liability arising from YesHello's fraud or willful misconduct; (b) liability for death or personal injury caused by negligence, to the extent such liability cannot be limited under applicable law; or (c) any other liability that cannot be excluded or limited under applicable mandatory law.
17.4 Basis of the Bargain
You acknowledge that these limitations of liability reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and YesHello. The Service would not be provided without these limitations.
17.5 Data Loss
While YesHello takes reasonable measures to protect data stored on the Service, we do not guarantee against data loss. You are responsible for maintaining independent backup copies of your content and data.
18. Indemnification
18.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless YesHello, Thrive Route Digital Limited, and their respective affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
(a) Your use of the Service in violation of these Terms; (b) Your User Content, including any claims that your content infringes or misappropriates any third party's intellectual property or other rights; (c) Your collection, use, or processing of Visitor Data through lead capture forms, including any violation of applicable data protection laws; (d) Data transmitted through webhook integrations to third-party services at your direction; (e) Your violation of any applicable law or regulation; (f) Any digital products or services you offer through the Service, including customer disputes, product quality issues, and non-delivery claims; or (g) Any dispute between you and a Visitor, customer, or third party.
18.2 Procedure
YesHello will provide you with prompt written notice of any claim subject to indemnification and will reasonably cooperate with your defence. YesHello reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our defence.
18.3 Limitation for EU Consumers
If you are a consumer within the European Economic Area, this indemnification obligation applies only to the extent that the claim arises from your intentional or negligent breach of these Terms.
19. Account Suspension and Termination
19.1 Termination by You
You may terminate your Account at any time through your Account settings or by contacting [email protected]. Cancellation of a paid subscription is governed by Section 5.
19.2 Termination by YesHello
We may suspend or terminate your Account immediately, without prior notice, if: (a) you breach these Terms or the Acceptable Use Policy; (b) we are required to do so by law or court order; (c) your Account has been flagged for fraudulent or illegal activity; (d) we reasonably believe your use of the Service poses a security risk to the Service, other Users, or third parties; or (e) your Account has been inactive for an extended period (twelve (12) months or more).
19.3 Suspension for Non-Payment
If payment for a paid subscription fails, we will notify you and provide a grace period of seven (7) business days. If payment is not resolved within the grace period, your Account will be downgraded to the Free Plan.
19.4 Data Export
Upon termination or cancellation, you will have thirty (30) days to export your data through the Service's export functionality. We recommend exporting your data before termination.
19.5 Data Retention After Termination
Following Account termination, YesHello may retain certain data: (a) as required by applicable law; (b) for the purpose of resolving disputes or enforcing these Terms; (c) to comply with our legal obligations; or (d) in anonymised or aggregated form. Visitor Data collected through your lead capture forms will be deleted within sixty (60) days of Account termination unless a longer retention period is required by law.
19.6 Effect on Paid Subscriptions
If YesHello terminates your Account for cause (violation of these Terms), no refund will be provided for the remainder of any prepaid subscription period. If YesHello discontinues the Service entirely, we will provide a pro-rata refund for any prepaid fees covering the period after discontinuation.
19.7 Surviving Provisions
Sections 2, 8.2, 8.4, 8.5, 9, 16, 17, 18, 21, 22, and 24 survive termination of these Terms.
20. Modifications to the Service and Terms
20.1 Changes to the Service
We continually improve and evolve the Service. We may add, modify, or remove features at any time. For material changes that significantly reduce the core functionality available under your current paid subscription Plan, we will provide at least thirty (30) days' prior notice via email or in-app notification.
20.2 Changes to These Terms
We may update these Terms from time to time. For material changes, we will: (a) notify you at least thirty (30) days before the changes take effect, by email to the address associated with your Account and by posting a prominent notice on the Service; and (b) clearly identify what has changed. For non-material changes (such as typographical corrections or clarifications), we may update the Terms with notice posted on the Service.
20.3 Acceptance of Updated Terms
Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may terminate your Account. For material changes, we may require re-acceptance through a click-through mechanism.
20.4 Version History
Previous versions of these Terms are available at https://yeshello.app/page/terms for reference.
21. Dispute Resolution
21.1 Good Faith Negotiation
Before initiating any formal dispute resolution proceeding, you and YesHello agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Service through good faith negotiation for a period of thirty (30) days following written notice of the dispute to the other party.
21.2 Mediation
If the dispute is not resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation administered by the Hong Kong International Arbitration Centre ("HKIAC") under its mediation rules. The mediation shall be conducted in English in Hong Kong or by video conference, at the election of the non-initiating party.
21.3 Binding Arbitration
If the dispute is not resolved through mediation within sixty (60) days of the initial dispute notice, the dispute shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration Rules in force at the time the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The language of the arbitration proceedings shall be English.
21.4 Exceptions to Arbitration
(a) Small claims: Either party may bring an individual claim in any small claims court of competent jurisdiction as an alternative to arbitration. (b) Injunctive relief: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm, without first engaging in the negotiation and mediation process described above. (c) EU consumers: If you are a consumer habitually resident in the European Economic Area, you are not required to submit to binding arbitration. You retain the right to bring claims in the courts of your habitual residence. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
21.5 Class Action and Jury Trial Waiver
To the maximum extent permitted by applicable law, you and YesHello each agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this class action waiver is found to be unenforceable as to a particular claim, that claim shall be severed from arbitration and may proceed in court.
21.6 Time Limitation
Any claim arising out of or related to these Terms or the Service must be commenced within one (1) year after the claim arose, or such longer period as required by applicable mandatory law.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles.
Nothing in these Terms shall deprive any consumer of the protection afforded by the mandatory provisions of the law of the jurisdiction of their habitual residence that cannot be derogated from by agreement. See Section 23 for region-specific provisions that may apply to you.
23. Region-Specific Terms
The following provisions apply in addition to (and, where expressly stated, in place of) the general Terms above, depending on your location. If there is a conflict between this Section and any other provision of these Terms, this Section prevails for Users in the applicable region.
23.1 European Economic Area, United Kingdom, and Switzerland
If you are a consumer habitually resident in the European Economic Area ("EEA"), the United Kingdom, or Switzerland:
(a) Right of withdrawal: You have the right to withdraw from your subscription within fourteen (14) days of purchase without giving any reason. However, by accessing or using the Service immediately upon purchase, you may expressly consent to the Service being provided before the withdrawal period has expired and acknowledge that you thereby lose your right of withdrawal. If you have not used the Service during the withdrawal period, you may exercise your right of withdrawal by sending a clear written statement to [email protected]. (b) Mandatory consumer protections: Nothing in these Terms excludes or limits your rights under the EU Consumer Rights Directive (2011/83/EU), the Unfair Contract Terms Directive (93/13/EEC), the Digital Content Directive (EU 2019/770), or equivalent legislation in the United Kingdom or Switzerland. If any provision of these Terms is found to be unfair under applicable consumer protection law, that provision shall be deemed modified to the minimum extent necessary to make it fair and enforceable. (c) Dispute resolution: You are not required to submit to binding arbitration. You retain the right to bring claims in the courts of your habitual residence. You may also access the European Commission's Online Dispute Resolution platform. (d) Digital Services Act: YesHello complies with applicable obligations under the Digital Services Act (Regulation (EU) 2022/2065) as a hosting service provider. Our content moderation practices and contact details for EU authorities are described in our Transparency Report, available at https://yeshello.app/page/transparency. (e) Limitation of liability: The limitations in Section 17 apply to the extent permitted by applicable law. Liability for intentional misconduct, gross negligence, personal injury, or any statutory liability that cannot be excluded is not limited.
23.2 United States
If you are located in the United States:
(a) California Auto-Renewal Law: The auto-renewal disclosure in Section 5.3 constitutes the required disclosure under California Business and Professions Code Sections 17600-17606. You may cancel your subscription at any time through the method described in Section 5.3. (b) CCPA/CPRA: If you are a California resident, our Privacy Policy describes your rights under the California Consumer Privacy Act and California Privacy Rights Act. (c) Section 230 Notice: YesHello is a provider of an interactive computer service within the meaning of 47 U.S.C. Section 230 and is not the publisher or speaker of User Content. (d) Notice for California consumers: Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254.
23.3 Australia
If you are a consumer or small business as defined by Australian Consumer Law:
(a) These Terms do not exclude, restrict, or modify any statutory rights, guarantees, or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), to the extent that such rights, guarantees, or remedies cannot be excluded, restricted, or modified. (b) Our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to the re-supply of the Service or payment of the cost of re-supply.
23.4 Canada (Quebec)
If you are a consumer located in Quebec, these Terms and any related documents will be drawn up in English at your request. Les presentes conditions et tout document connexe seront rediges en anglais a votre demande. In the event of any inconsistency between the English and French versions of these Terms, both versions shall be equally authoritative as required by applicable Quebec law.
23.5 Hong Kong
If you are located in Hong Kong, you acknowledge that the Control of Exemption Clauses Ordinance (Cap. 71) applies to these Terms. No exclusion or limitation of liability in these Terms applies to liability for death or personal injury resulting from negligence. All other exclusions and limitations are subject to the test of reasonableness under that Ordinance.
24. General Provisions
24.1 Entire Agreement
These Terms, together with the Privacy Policy, Data Processing Addendum, and any other policies incorporated by reference, constitute the entire agreement between you and YesHello regarding the Service and supersede all prior agreements and understandings.
24.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
24.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by YesHello to be effective.
24.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. YesHello may assign these Terms freely in connection with a merger, acquisition, reorganisation, or sale of assets, or by operation of law. Any purported assignment in violation of this Section is void.
24.5 Force Majeure
YesHello shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers (including Stripe).
24.6 Notices
We may send notices to you by email to the address associated with your Account, through in-app notifications, or by posting on the Service. You may send notices to us at [email protected] or by mail to:
Thrive Route Digital Limited 21/F CMA Building, 64 Connaught Road Central Hong Kong
Notices are deemed received: (a) if by email, on the date sent (unless the sender receives a delivery failure notification); (b) if by in-app notification, when displayed; (c) if by post, on the date of delivery or attempted delivery.
24.7 No Third-Party Beneficiaries
These Terms do not create any rights for any person who is not a party to them, except as expressly stated (such as indemnified parties in Section 18).
24.8 Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and YesHello. Neither party has authority to bind the other.
24.9 Export Compliance
You agree to comply with all applicable export and import control laws and regulations. You shall not use the Service or export any data from the Service in violation of applicable sanctions or trade restrictions.
24.10 Language
These Terms are drafted in English. Translations into other languages are provided for convenience only. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail and govern, except where applicable mandatory law in your jurisdiction requires otherwise.
24.11 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
25. Contact Information
If you have questions about these Terms, please contact us:
Thrive Route Digital Limited 21/F CMA Building, 64 Connaught Road Central, Hong Kong Email: [email protected] Support: [email protected] DMCA Notices: [email protected] Website: https://yeshello.app
Appendix A: Future Digital Products and Marketplace Terms
The following terms become effective when YesHello introduces digital product and course sales features, and will be incorporated into the main Terms at that time.
A.1 Platform Role
YesHello provides a platform ("Marketplace") through which registered Users ("Sellers") may offer digital products, courses, and other digital content ("Seller Products") to end customers ("Buyers"). YesHello acts solely as a technology platform facilitating transactions between Sellers and Buyers. YesHello is not the seller, merchant of record, or party to the transaction for Seller Products.
A.2 Payment Processing for Seller Products
Payments for Seller Products are processed through Stripe Connect. Sellers must maintain a valid Stripe Connected Account and agree to Stripe's Connected Account Agreement. Standard Stripe processing fees apply and are the Seller's responsibility. YesHello does not charge additional platform transaction fees unless otherwise specified in the Seller's Plan terms.
A.3 Seller Responsibilities
Sellers are solely responsible for: (a) the quality, legality, accuracy, and appropriateness of their Seller Products; (b) fulfilment and delivery of Seller Products; (c) customer support and dispute resolution for Seller Products; (d) compliance with all applicable laws, including consumer protection, tax, and intellectual property laws; (e) handling refunds, returns, and chargebacks; and (f) maintaining their own terms of sale and privacy policies.
A.4 Seller Content Licence
By listing Seller Products on the Marketplace, Sellers grant YesHello a non-exclusive, worldwide, royalty-free licence to display, promote, and distribute their product listings, descriptions, and promotional materials solely for the purpose of operating and marketing the Marketplace.
A.5 Platform Disclaimer for Buyers
YesHello does not endorse, guarantee, or assume liability for any Seller Products. Buyers purchase Seller Products at their own risk. Any dispute regarding a Seller Product must be resolved between the Buyer and Seller directly.
A.6 Content Standards for Seller Products
YesHello reserves the right to review, approve, or remove any Seller Product from the Marketplace at its sole discretion. Seller Products must comply with the Acceptable Use Policy in Section 13.