Yamy

Yamy Terms of Service (TOS)

1. Introduction

Service Overview: Yamy is an AI-powered digital menu and dining companion designed to help restaurants offer personalized, interactive dining experiences.

Company Identification: Yamy is an experimental technology service currently operated by its founder(s). It is not yet a registered business entity. The platform is offered as a pilot and provided for informational and experimental purposes only. Yamy and its founder(s) act as independent technology providers and are not agents, partners, or joint venturers of any restaurant or third party.

Acceptance: By accessing or using Yamy—including scanning a QR code, browsing an AI-generated menu, or interacting with any Yamy interface—you agree to these Terms and our Privacy Policy.

Pilot/Experimental Nature: Yamy may operate as a pilot or early-access program. Features, design, and functionality may change, update, or be discontinued without prior notice. Use of Yamy during this phase is voluntary and at your own risk.

2. Eligibility and Acceptance

  • Users must be at least 18 years old or of legal age to form a binding contract in their jurisdiction.
  • The Service is not intended for children under 13. We do not knowingly collect personal data from children under 13; if we learn that we have, we will delete it.
  • Users aged 13–17 may use Yamy only with the consent and supervision of a parent or legal guardian.
  • Use of Yamy constitutes acceptance of these Terms.
  • Continued use after updates indicates continued acceptance of revised Terms.

3. Nature of Service and Platform Role

  • Yamy provides AI-driven recommendations, menu personalization, promotions, and interactive dining experiences.
  • Yamy does not prepare, sell, or deliver food.
  • Orders, promotions, and transactions displayed within Yamy are fulfilled directly by participating restaurants or authorized third parties.
  • Menu data, prices, and availability are provided by restaurants and are subject to change.
  • Yamy serves solely as a technology intermediary. Restaurants remain the merchant of record and are fully responsible for their food, service, and communications with diners.
  • No agency relationship: Yamy and its founder(s) are independent service providers and not agents, partners, franchisees, or joint venturers of any restaurant.

4. Allergy, Ingredient, and Health Disclaimer

  • All ingredient and allergen information shown in Yamy is provided by restaurants or their representatives.
  • Yamy does not independently verify this data and cannot guarantee its accuracy or completeness.
  • Diners must always confirm ingredients, allergens, and dietary information directly with restaurant staff before ordering.
  • Yamy's recommendations and AI insights are provided for informational purposes only and are not substitutes for professional or on-site guidance.
  • Restaurants are solely responsible for ensuring their menu and allergen data is accurate, up to date, and properly communicated to diners.
  • Yamy and its founder(s) are not liable for any allergic reactions, health consequences, or damages arising from reliance on Yamy's content, menus, or recommendations.
  • Language notice: Translations of Yamy content may be provided for convenience only; in the event of any conflict or ambiguity, the English version controls.

5. Data Collection and Privacy

  • Yamy may collect device information, usage analytics, and diner preferences to improve user experience.
  • For detailed information, please refer to our Privacy Policy (available at yamy.ai/privacy).
  • Data is used to personalize experiences and optimize platform performance.
  • Health-related preferences: Information such as allergens, dietary restrictions, or ingredient sensitivities may be collected only with explicit user consent. This information is used solely to personalize menu recommendations and is not considered medical or HIPAA-protected data.
  • Payment information: Yamy does not collect or store any payment information at this time. If payment features are introduced later, all transactions will be processed by secure, third-party providers (e.g., Stripe, Square).

6. Restaurant Data and Content Rights

  • Restaurants retain ownership of their menus, photos, and branding assets that they directly provide to Yamy.
  • Publicly sourced and user-submitted content: Yamy may ingest menus, images, or other content that are publicly available or submitted by users to display within the platform. Restaurants retain ownership of any content they directly provide.
  • Takedown and corrections: If you are a rights holder and believe Yamy is using content that you own without authorization, please contact andrey@yamy.ai with details and proof of ownership. We will acknowledge within 3 business days and resolve within 10 business days where feasible.
  • Yamy may use aggregated, anonymized data for analytics and improvement purposes.

7. User Conduct and Responsibilities

  • Users agree to use Yamy only for lawful purposes.
  • Activities such as scraping, reverse engineering, or disrupting platform functionality are prohibited.
  • Users must provide accurate preference or allergy information when using personalization features.
  • Misuse or abuse of Yamy may lead to suspension or termination of access.

8. AI Content and Recommendation Disclaimer

  • AI-generated suggestions are based on available menu data and personalization logic.
  • Yamy does not guarantee that AI results are complete, accurate, current, or suitable for any purpose.
  • Users should confirm all details with restaurant staff.
  • The Service and all AI outputs are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory.

9. Pricing, Promotions, and Transactions

  • Prices, availability, and promotions are controlled by restaurants or partners.
  • Yamy may display exclusive deals or promotions, but accuracy or availability is not guaranteed.
  • If Yamy introduces in-app payments, they will be processed via trusted third-party providers (e.g., Stripe, Square). Refunds or disputes must be resolved directly with restaurants or payment processors.

10. Intellectual Property

  • All Yamy software, interface design, AI systems, and branding are owned by Yamy and its founder(s).
  • Restaurant content (logos, dishes, marks) remains the property of their respective owners.
  • Users may not copy, sell, or modify any part of the platform or its content.

11. Limitation of Liability

Yamy is not responsible for:

  • Food quality, preparation, or service.
  • Errors or inaccuracies in menu data or AI suggestions.
  • Any injury, loss, or damages resulting from reliance on Yamy.

To the maximum extent permitted by law, in no event will Yamy or its founder(s) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. In no event will the aggregate liability of Yamy exceed the greater of (a) US$100 or (b) the amount you paid to Yamy for the Service in the 12 months preceding the event giving rise to liability.

12. Updates and Modifications

  • Yamy may modify, suspend, or discontinue any part of the Service or these Terms at any time.
  • For material changes, Yamy will provide notice via in-app banner or email. Material changes will take effect no sooner than 7 days after notice.
  • Continued use of Yamy after the effective date of changes constitutes acceptance of the updated Terms.

12A. Service Availability and Force Majeure

  • Yamy may perform maintenance or experience outages, during which the Service may be unavailable.
  • Yamy will not be liable for delays or failures to perform resulting from events beyond its reasonable control, including acts of God, labor disputes, internet or telecommunications failures, power outages, third-party service failures, governmental actions, or other force majeure events.

13. Termination

  • Yamy may suspend or terminate access due to policy violations or security concerns.
  • Restaurants may request updates to menu entries and allergen details. Rights holders may request removal by contacting andrey@yamy.ai with proof of ownership.
  • Users may stop using Yamy at any time.

14. Third-Party Services and Links

  • Yamy may link to third-party services such as restaurant websites or delivery partners.
  • Yamy is not responsible for external content, operations, or privacy policies.

15. Governing Law; Dispute Resolution; Governing Language

  • Governing Law: These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
  • Dispute Resolution & Arbitration: Except for claims that may be brought in small claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The seat and venue of arbitration will be New York County, NY.
  • Class Action Waiver: Disputes will be resolved only on an individual basis and not as a class, collective, or representative action.
  • Governing Language: Translations may be provided for convenience only; in the event of any conflict or ambiguity, the English version controls.

16. Contact Information

For any inquiries or support related to Yamy, please reach out to:

17. Pilot and Feedback Participation

  • Users participating in the pilot agree that their feedback, bug reports, or usage data may be used to improve Yamy.
  • Yamy may contact users for short surveys or usability feedback.
  • Participation does not grant compensation or ownership rights.

18. Trademarks and Brand Use

  • The Yamy name, logos, product names, and other marks are trademarks of Yamy or its founder(s). You may not use Yamy trademarks without prior written permission or an applicable license.
  • Third-party names, logos, and marks (including restaurant marks) are the property of their respective owners. Reference to them is for identification only and does not imply endorsement.

19. Indemnification

You agree to defend, indemnify, and hold harmless Yamy and its founder(s), affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) content or data you submit; (c) your violation of these Terms; or (d) your interactions with restaurants or third parties through the Service.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Yamy regarding your use of the Service and supersede all prior agreements and understandings.

22. Waiver

No waiver of any term or condition of these Terms will be considered a further or continuing waiver of such term or any other term, and Yamy's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

This Terms of Service is designed for early-stage operation in New York and to support venture due-diligence expectations. It is subject to revision as Yamy forms a legal entity.

Terms