Terms of Service

These Terms of Service ("Terms") govern your use of Yackbox, a multi-channel organizational communication platform operated by Zengy Inc. ("Zengy," "we," "us," or "our"), a California corporation located at 18685 Main Street, #101-625, Huntington Beach, CA 92648.

By creating an account or using Yackbox, you ("Customer") agree to these Terms. If you are using Yackbox on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Please read these Terms carefully. They include important provisions regarding dispute resolution and limitations on liability.

1. The Yackbox Service

Yackbox is a software-as-a-service platform that enables membership organizations to send broadcast communications to their members via email, SMS, and WhatsApp. The service includes member management tools, a broadcast composer, communication preference management, consent tracking, delivery analytics, and related features as described on the Yackbox website.

We reserve the right to modify, add, or remove features at any time. We will provide reasonable notice of material changes that affect core functionality.

2. Account Registration and Eligibility

To use Yackbox, you must:

• Be at least 18 years of age
• Be a legal entity or an individual with legal capacity to enter contracts
• Provide accurate and complete registration information
• Maintain the security of your account credentials

You are responsible for all activity that occurs under your account. Notify us immediately at security@yackbox.com if you suspect unauthorized access to your account.

3. Acceptable Use

3.1 Permitted Use

Yackbox is intended for legitimate organizational communication to members who have consented to receive messages from your organization. Permitted uses include event announcements, newsletters, meeting notices, emergency alerts, and similar organizational communications.

3.2 Prohibited Use

You may not use Yackbox to:

• Send messages to individuals who have not provided explicit consent to receive messages from your organization
• Send spam, unsolicited commercial messages, or any messages in violation of CAN-SPAM, TCPA, or applicable carrier guidelines
• Harvest or purchase contact lists for bulk messaging
• Send messages containing illegal content, hate speech, threats, harassment, or material that violates any applicable law
• Send messages promoting illegal products or services
• Impersonate any person or organization
• Attempt to bypass or circumvent opt-out mechanisms
• Use Yackbox in a way that damages, disables, or impairs the service or its infrastructure
• Resell or sublicense access to Yackbox without written authorization
• Use Yackbox for any purpose other than legitimate organizational communication

Violations of this section may result in immediate account suspension or termination without refund.

4. Messaging Compliance

4.1 Your Compliance Responsibilities

You are solely responsible for:

• Obtaining valid, documented consent from each member before sending them SMS or WhatsApp messages
• Ensuring your email communications comply with CAN-SPAM and applicable laws
• Maintaining accurate records of consent for your members
• Honoring opt-out requests promptly
• Ensuring your message content complies with all applicable laws and carrier requirements

Yackbox provides tools to assist with compliance, including consent tracking, opt-out processing, and audit logs. These tools do not relieve you of your legal obligations.

4.2 SMS and 10DLC

SMS messaging through Yackbox uses Twilio's 10DLC (Ten Digit Long Code) registered messaging infrastructure. By enabling SMS features, you agree to Twilio's messaging policies and applicable carrier terms. You represent that you will only send SMS messages to recipients who have given express written consent as required by the Telephone Consumer Protection Act (TCPA) and related regulations.

Required opt-out language: All SMS messages sent through Yackbox automatically include opt-out instructions. Message and data rates may apply to recipients.

Opt-out keywords: Recipients may reply STOP to opt out of messages, START to re-subscribe, or HELP to receive contact information. These keywords are processed automatically.

4.3 Email Compliance

All email broadcasts sent through Yackbox must comply with the CAN-SPAM Act, including accurate sender identification, a physical mailing address, and a clear opt-out mechanism. Yackbox includes compliant unsubscribe headers and links in all outbound email. You are responsible for ensuring the content of your messages does not violate CAN-SPAM or other applicable laws.

4.4 WhatsApp

WhatsApp messaging is subject to Meta's WhatsApp Business Policy and Terms of Service. You are responsible for ensuring you have appropriate opt-in consent from recipients before sending WhatsApp messages and for complying with Meta's policies at all times.

5. Data and Privacy

Your use of Yackbox is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all member data you upload to Yackbox. By using the service, you grant Zengy Inc. a limited license to process that data as necessary to operate and deliver the Yackbox service.

You represent that you have the legal right to upload and use member data as described and that your use of Yackbox does not violate the privacy rights of any individual.

Zengy Inc. processes your member data as a service provider (data processor) on your behalf. You are the data controller.

6. Subscription, Fees, and Billing

6.1 Plans and Pricing

Yackbox is offered on monthly or annual subscription plans as described on our pricing page. Prices are listed in US dollars and are subject to change with 30 days' notice.

6.2 Free Trial

New accounts receive a 14-day free trial. No credit card is required to start a trial. If you do not add a payment method before your trial ends, your account will be downgraded to a read-only state until payment is provided. Trial accounts are subject to these Terms.

6.3 Billing

After your free trial, you will be billed monthly or annually in advance based on your selected plan. Payment is processed through Stripe. By providing payment information, you authorize recurring charges in accordance with your plan.

Additional message usage beyond your plan's included quantities will be billed as prepaid message pack purchases or automatically added to your next invoice, depending on your account settings.

6.4 Refunds

Monthly subscriptions are non-refundable after billing. Annual subscriptions may be refunded on a prorated basis within 30 days of the annual billing date, at our discretion. We do not provide refunds for partial months or unused message credits.

6.5 Overdue Accounts

If your payment fails, we will notify you and attempt to collect payment. Accounts more than 14 days past due may have message sending suspended until payment is resolved. Accounts more than 30 days past due may be terminated.

7. Termination

You may cancel your account at any time through your account settings or by emailing hello@yackbox.com. Cancellation takes effect at the end of your current billing period. No refunds are issued for the remaining period.

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law. In cases of material violation, no refund will be issued.

Upon termination, your account data will be retained for 90 days and then deleted in accordance with our Privacy Policy. Compliance records may be retained longer as required by law. You may request a data export before your account is deleted.

8. Intellectual Property

Yackbox, including its software, design, trademarks, and content, is owned by Zengy Inc. and protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the Yackbox platform.

You retain all ownership rights to the content you create and the data you upload. By using Yackbox, you grant Zengy Inc. a limited, non-exclusive license to use your content solely to deliver the service.

9. Disclaimer of Warranties

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENGY INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF YACKBOX, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO YACKBOX IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Zengy Inc. and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of Yackbox in violation of these Terms
• Your violation of any applicable law or regulation, including CAN-SPAM, TCPA, or carrier messaging guidelines
• Your messaging content or practices
• Any third-party claims arising from your use of member data

12. Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.

Before initiating any formal legal proceeding, you agree to contact us at legal@yackbox.com to describe the dispute and attempt informal resolution. We will make a good-faith effort to resolve the dispute within 30 days.

If informal resolution fails, any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Orange County, California. Class action waivers apply — you may only bring individual claims.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a notice in your account. Changes take effect 30 days after notice unless you object. Continued use of Yackbox after changes take effect constitutes acceptance of the updated Terms.

14. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zengy Inc. regarding Yackbox.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

No Waiver. Our failure to enforce any right or provision is not a waiver of that right.

Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.

15. Contact

For questions about these Terms:

• Email: legal@yackbox.com
• Mail: Zengy Inc., Attn: Legal, 18685 Main Street, #101-625, Huntington Beach, CA 92648