00 Terms
Service definition, your compliance responsibilities, billing, liability, and termination.
Effective date: June 1, 2026
These Terms of Service (the "Terms") are an agreement between Yelow Inc. ("Yelow," "we," "us") and the business entity accepting them ("Customer," "you"). By creating an account, clicking to accept, or using the Services, you agree to these Terms.
1.1 Business use only. The Services are offered solely to businesses and other organizations for use in their trade or business. The Services are not offered to, and may not be used by, individuals acting as consumers.
1.2 Authority. The individual accepting these Terms represents that they are at least 18 years old and have authority to bind the Customer entity. If you lack such authority, do not accept these Terms or use the Services.
1.3 Order of precedence. If you and Yelow have signed a separate written agreement covering the Services, that agreement controls over these Terms to the extent of any conflict.
2.1 "Services" means Yelow's hosted software services that, at Customer's direction, place and answer telephone calls and send and receive text messages on Customer's behalf using automated and artificial-voice technology; related recording, transcription, scheduling, and follow-up features; the Customer dashboard; and any associated documentation. Yelow may modify the Services from time to time, provided modifications do not materially reduce their core functionality during a paid term.
2.2 Yelow does not disclose, and these Terms grant no right to know or discover, the internal design, methods, components, or suppliers used to provide the Services.
3.1 You must provide accurate, current registration information and keep it updated.
3.2 You are responsible for all activity under your account and for safeguarding credentials. You will notify Yelow promptly at support@yelow.io of any suspected unauthorized access or use.
3.3 You will ensure that anyone you permit to use your account (your "Authorized Users") complies with these Terms. You are responsible for their acts and omissions.
4.1 You direct the communications. The Services initiate and respond to calls and texts only at your direction and configuration. As between you and Yelow, you are the sender, initiator, and party responsible for every communication made through your account.
4.2 Consents. You are solely responsible for obtaining, documenting, and maintaining all consents and authorizations required by applicable law from every person you direct the Services to call or text, including, where required, prior express consent (and prior express written consent where required) for calls made using an artificial or prerecorded voice and for automated or autodialed text messages.
4.3 Do-not-call compliance. You are solely responsible for compliance with all do-not-call requirements, including the National Do Not Call Registry, any applicable state registries, your own internal do-not-call list, and all calling-time and call-frequency restrictions.
4.4 Recording notices. Calls placed or answered through the Services may be recorded and transcribed. You are solely responsible for determining whether and how recording is permitted for each communication and for providing any legally required notices to, and obtaining any legally required consents from, all participants. You may not enable recording where it is unlawful to do so.
4.5 Accuracy of business information. You are solely responsible for the accuracy, legality, and completeness of all business information, instructions, scripts, knowledge, and content you supply to configure the Services, including pricing, availability, offers, and claims communicated to recipients.
4.6 Opt-outs. You will honor, promptly and permanently, every opt-out, revocation of consent, or stop request from any recipient, whether received through the Services or otherwise, and will keep your contact lists current accordingly.
4.7 Identification and other laws. You are responsible for compliance with all other laws applicable to your communications and your business, including telemarketing identification and disclosure rules, caller-ID requirements, consumer-protection and anti-fraud laws, and industry messaging requirements applicable to your message traffic.
4.8 Yelow does not provide legal advice and makes no representation that your use of the Services complies with law. You should consult your own counsel.
You will not use the Services to deceive recipients, to impersonate any person without authorization, to contact emergency services, to transmit unlawful, harassing, or fraudulent content, or in any manner that violates applicable law or third-party rights.
6.1 "Customer Data" means data you submit to the Services and data about your communications with recipients that you lawfully collect through the Services, including call recordings, transcripts, and message content.
6.2 Ownership. As between the parties, you own Customer Data.
6.3 License to Yelow. You grant Yelow a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and use Customer Data as necessary to provide, maintain, secure, support, and improve the Services and to comply with law. You represent that you have all rights and consents necessary to grant this license, including with respect to data about communication recipients.
6.4 Usage data. Yelow may collect and use technical and usage data about the operation of the Services, and may use de-identified or aggregated data, for its lawful business purposes.
The Services generate voice and text output by automated means. Output may be inaccurate, incomplete, or inappropriate for your purposes, and may not reflect your most current information. Output is not legal, medical, financial, or other professional advice. You are responsible for reviewing, monitoring, and supervising the Services' communications on your behalf and for correcting errors. Yelow does not guarantee any bookings, leads, sales, response rates, or other business outcomes.
Yelow and its licensors own and retain all right, title, and interest in and to the Services, including all software, systems, interfaces, automated agents, models, prompts, configurations, workflows, methods, documentation, know-how, and all improvements and derivatives thereof, and all intellectual property rights therein. Yelow grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the term solely for your internal business purposes in accordance with these Terms. No other rights are granted, by implication or otherwise. If you provide feedback, Yelow may use it without restriction or obligation.
You will not, and will not permit anyone to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, prompts, training data, methods, or architecture of the Services; (b) probe, scan, scrape, crawl, or test the Services or their security other than through documented interfaces; (c) use the Services, or any output or information obtained from them, to build, train, or improve a competing product or service, or conduct or publish benchmarks of the Services for competitive purposes; (d) resell, sublicense, rent, or provide the Services to third parties as a service bureau except as expressly permitted in writing; (e) circumvent or exceed usage limits, quotas, or access controls; (f) remove or alter proprietary notices; or (g) interrogate the Services to discover non-public aspects of how they are built or operated.
All non-public aspects of the Services — including their design, performance characteristics, methods, prompts, models, roadmaps, pricing not publicly listed, and security measures — are Yelow's confidential information. You will protect such information with at least reasonable care, use it only to exercise your rights under these Terms, and not disclose it to third parties. Each party will likewise protect the other's non-public business information disclosed under these Terms. These obligations survive termination for five (5) years, and indefinitely for trade secrets.
11.1 You will pay the fees stated in your order or plan selection. Except as stated, fees are non-refundable.
11.2 Auto-renewal. Subscriptions renew automatically for successive terms of the same length unless either party gives notice of non-renewal before the renewal date. Yelow may change renewal pricing with prior notice.
11.3 Taxes. Fees exclude taxes; you are responsible for all applicable taxes other than taxes on Yelow's income. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate.
12.1 Suspension. Yelow may suspend the Services, in whole or in part, immediately and without prior notice if Yelow reasonably believes that your use violates Section 4 or 5, creates legal or compliance risk (including telephony or messaging compliance risk), threatens the security or integrity of the Services, or if your account is past due. Yelow will restore service when the cause is cured.
12.2 Termination. Either party may terminate for material breach not cured within 30 days of notice, or upon the other party's insolvency. You may stop using the Services at any time; fees for the current term remain due.
12.3 Effect. Upon termination, your access ends and you will pay all accrued fees. For 30 days after termination, you may request export of Customer Data in a commonly used format, after which Yelow may delete it. Sections 6.4, 7–10, and 13–17 survive.
You will defend, indemnify, and hold harmless Yelow and its officers, directors, employees, and agents from and against all claims, demands, investigations, proceedings, damages, fines, penalties, and costs (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) Customer Data, your content, contact lists, instructions, or configurations; (c) your breach of these Terms; or (d) any actual or alleged violation of telemarketing, telephone-consumer-protection, do-not-call, automated-calling, text-messaging, or call-recording laws or regulations in connection with communications made through your account. Yelow may participate in the defense with its own counsel at its expense; you will not settle any claim imposing obligations on Yelow without Yelow's consent.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, YELOW DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. YELOW DOES NOT WARRANT THAT THE SERVICES OR THEIR OUTPUT WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOUR COMMUNICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) YELOW'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES YOU PAID TO YELOW FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, OR YOUR BREACH OF SECTIONS 9 OR 10.
16.1 Governing law. These Terms are governed by the laws of the State of New York, excluding its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 16.
16.2 Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration before a single arbitrator under the rules of a recognized arbitration provider to be identified by counsel, seated in New York. Judgment on the award may be entered in any court of competent jurisdiction.
16.3 Class-action waiver. All disputes will be arbitrated on an individual basis only. Neither party may participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding.
16.4 Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court to protect intellectual property or confidential information.
17.1 Assignment. You may not assign these Terms without Yelow's written consent; Yelow may assign them in connection with a merger, acquisition, or sale of assets. These Terms bind permitted successors and assigns.
17.2 Notices. Yelow may give notice via the Services, the dashboard, or email to your account address; you may give notice to support@yelow.io. Notices are effective upon receipt.
17.3 Entire agreement; modification. These Terms (with any order) are the entire agreement regarding the Services and supersede prior agreements on the subject. Yelow may modify these Terms by providing notice; material changes take effect at the start of your next renewal term or 30 days after notice, whichever is earlier. Continued use after the effective date constitutes acceptance.
17.4 Severability; waiver. If any provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. Failure to enforce a provision is not a waiver.
17.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
17.6 Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or joint venture.
17.7 Reviews. Nothing in these Terms restricts you from posting or communicating honest reviews or other lawful assessments of the Services, consistent with the Consumer Review Fairness Act.