Terms of Service

Hey there, thank you for your interest in Yoink. Yoink is a software service operated by Emblem Travel, Inc. ("Emblem Travel”, “Yoink”, “we,” or “us”). Throughout this Agreement, "Yoink" refers to Emblem Travel, Inc., the legal entity operating this service. These Terms of Service (“Terms”) govern your access to and use of our software, platform, APIs, Documentation, and related tools, including the website www.useyoink.ai, and all related software made available by Yoink to build, deploy, host, and manage our platform (collectively, the “Service”). By using the Service, you agree to these Terms.

Please also read our Privacy Policy⁠, which explains how we collect, use, disclose, and process personal data. If you are using the Service as part of your work for a company or organization that has a Master Services Agreement (“MSA”) with Emblem Travel, Inc., your use of the Service is governed by that MSA.

If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity.

1. Access and Use

1.1. Provision of Access. Yoink is a software service that helps you write more efficiently. The Service offers writing tools driven by machine learning to help you write more easily and efficiently and can provide outputs or writings. Subject to your compliance with these Terms, Yoink grants you a limited right to access and use the Service.

1.2. Content. You may provide inputs to the Service (“Inputs”) and receive outputs, or other forms of writing based on the Inputs provided by you (collectively, “Suggestions”) (Inputs and Suggestions are collectively “Content”). We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. All your content remains yours; Yoink does not own it. However, in order to provide the Service to you, we need your license and permission to do so. Accordingly, when you submit Content to the Service, you grant Yoink, and any third-party services acting on Yoink’s behalf, a worldwide, non-exclusive, royalty-free, sublicensable license to access, reproduce, modify, distribute, transmit, export, display, store and otherwise use your Content for the limited purpose of providing, improving, and protecting the Service. If we use your content in the ways described in these Terms, you represent and warrant that such use will not infringe or violate any laws or the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.

1.3. Limitations for Suggestions. You acknowledge that Suggestions are generated automatically by machine learning technology and may be similar to or the same as Suggestions provided to other customers, and no rights to any Suggestions generated, provided, or returned by the Service for or to other customers are granted to you under these Terms. Further, you acknowledge that there are numerous limitations that apply with respect to Suggestions provided by large language and other AI models (each an “AI Model”), including that (i) Suggestions may contain errors or misleading information, (ii) AI Models are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (iii) AI Models can struggle with understanding the nuances of language, including slang, idioms, and cultural references, (iv) AI Models can struggle with complex tasks that require reasoning, judgment and decision-making, and (v) data used to train AI models may be of poor quality or biased. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Suggestions, including any reliance on the accuracy, completeness, or usefulness of Suggestions. 

1.4. Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code or underlying structure of the Service; (ii) reproduce, modify, translate, or create derivative works of the Service; (iii) rent, lease, lend, or sell the Service; (iv) remove any proprietary notices from the Service; (v) use the Service or any Suggestions to develop or train a model that is competitive with the Service, or engage in model extraction or theft attacks; (vi) probe, scan or attempt to penetrate the Service; (vii) provide to any third party the results of any benchmark tests of the Service, unless you include all necessary information for others to replicate the tests; (viii) harvest, scrape, or extract data from the Service; (ix) use the Service in any manner that infringes, misappropriates, or otherwise violates any third party’s intellectual or other rights, or that violates any applicable laws or regulations; (x) send or otherwise provide to Yoink data or information that is subject to specific protections under applicable laws beyond any requirements that apply to "personal information" or "personal data" generally, such as for illustrative purposes, information that is regulated by the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standard, the Gramm-Leach-Bliley Act, and other U.S. federal, state or foreign laws applying specific security standards; or (xi) knowingly permit any third party to do any of the foregoing. You will promptly notify Yoink of any unauthorized use that comes to your attention and provide reasonable cooperation to prevent and terminate such use to the extent it is within your control.

1.5. Compliance. Yoink may review your conduct and content for compliance with these Terms. Additionally, you acknowledge and agree that Yoink is not responsible for content that users share through the Service.

1.6. Beta Services. From time to time, Yoink may make Beta Services available to you. Beta Services shall be clearly designated as beta, pilot, limited release, non-production, early access, evaluation or a similar description. You may choose to use or not use such Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms that may be presented to you. Beta Services are provided on an "as-is" and "as available" basis without any warranty, support, maintenance, or storage of any kind. Yoink may discontinue Beta Services at any time in its sole discretion and may never make them generally available. YOINK SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.

2. Eligibility. You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) or 18 years old, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws in your region.

3. Account Registration and Access. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at hello@useyoink.ai.

4. Paid Service

4.1. Payments. Certain parts of the Service are paid or premium service. You can add paid features to your account (“Paid Service”). We will automatically bill you from the date you sign up for a Paid Service, and on each periodic renewal until cancellation. If you are on an annual plan, we will send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

4.2. Cancellation. You may cancel your Paid Service at any time. Refunds are only issued if required by law, or as explicitly stated at the point of subscription. Paid Service will remain in effect until canceled or terminated under these Terms. If you do not pay for your Paid Service in a timely manner, we reserve the right to suspend such Paid Service.

4.3. Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Unless otherwise indicated, our current Payment Processor is Dodo Payments in accordance with their terms of service and privacy policy.

4.4. Changes. We may change the fees in effect on renewal of your subscription based on our business needs, but we will give you reasonable notice of such changes via an in-app notification or message to the email address associated with your account, and you will have the opportunity to cancel your subscription before the new fee comes into effect.

4.5. Add-On and Usage-Based Features. You may purchase additional products, services or features that are not individually essential for the functioning of the Service, but that Yoink makes available to its users for enhanced capabilities on a supplemental basis, including usage-based pricing features that are described in the Service ("Add-Ons"). Add-Ons are deemed part of the Service and governed by these Terms. Fees for Add-Ons may include model-based pricing features, or as otherwise described in the Service.

4.6. Delinquent Accounts. Yoink may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Yoink reserves the right to delete your account and any information associated with your account without any liability to you.

5. Ownership and Licenses

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5.1. Service. Yoink and its licensors shall own and retain all right, title and interest in and to the Service, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. There are no implied licenses in these Terms and Yoink reserves all rights to the Service not granted in these Terms.

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5.2. Content. You retain all of your right, title, and interest that you have in Inputs, and Yoink hereby assigns to you all of our right, title, and interest if any in and to any Suggestions. However, you acknowledge that due to the nature of our Service and artificial intelligence generally, output may not be unique and other users may receive similar output from our Service, or from other similar services. Our assignment above does not extend to other users’ output or any third party output.

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5.3. Usage Data. Yoink may: (i) collect, analyze, and otherwise process Usage Data internally for its business purposes, including for security and analytics, to enhance the Service, and for other development and corrective purposes; and (ii) disclose Usage Data to third parties only in an aggregated and/or de-identified form and in a manner that does not identify you. “Usage Data” means technical logs, data, and learnings about Customer’s use of and interactions with the Service, but excludes Content.

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6. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by using any unsubscribe or similar functionality or instructions in the promotional email.

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8. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. If we make any material modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms on this page. All modifications will be effective when they are posted, and your continued accessing or use of the Service will serve as confirmation of your acceptance of those modifications. If you do not agree to the modified Terms, then you must discontinue your use of the Service.

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9. Termination. You may stop accessing the Service at any time. We reserve the right to modify, suspend, or discontinue the Service or your access to the Service, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations, such as preventing abuse or addressing security issues or responding to legal requirements, where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Service or your access to them. If you have a Subscription Service, we may terminate the Subscription Service at any time for any other reason. If we exercise this right, we will refund you on a pro rata basis the fees you paid for the remaining portion of your Subscription Service after termination, provided that if we terminate your access to the Service due to a violation of these Terms, you will not be entitled to any refund. We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice. Upon termination of these Terms, a Subscription Service, or your access to the Service, we may at our option delete any Content or other data associated with your account. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting hello@useyoink.ai.

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10. Modification of the Service. Yoink may modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Yoink will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Content as needed so that you have access in the event the Service is modified and you lose access to such Content.

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11. Copyright complaints. If you believe that your intellectual property rights have been infringed, please send notice to hello@useyoink.ai. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Written claims concerning copyright infringement must include the following information:

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• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon. A description of where the allegedly infringing material is located in the Service so we can find it.
• Your address, telephone number, and e-mail address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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12. Privacy. Please read the Yoink’s Privacy Policy (“Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal data.

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13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Yoink and Emblem Travel, Inc., its affiliates and each of their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Yoink Entities”) from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees), and other losses arising out of or relating to: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; and (3) any claim that your Input violates any third-party intellectual property, publicity, confidentiality, privacy, or other rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

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14. DISCLAIMER OF WARRANTIES. THE SERVICE AND SUGGESTIONS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOINK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND SUGGESTIONS, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. YOINK DOES NOT WARRANT THAT THE SERVICE OR SUGGESTIONS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND YOINK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU AGREE THAT ANY USE OF SUGGESTIONS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON ANY SUGGESTION AS A SOURCE OF TRUTH. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

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15. LIMITATION OF LIABILITY

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15.1. NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE YOINK ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY YOINK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

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15.2. LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE YOINK ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO YOINK FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR, IF GREATER, (B) $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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16. DISPUTE RESOLUTION

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PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

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16.1. Informal Resolution. Before filing a claim against Yoink, you agree to attempt to resolve the dispute by first emailing us at hello@useyoink.ai with a description of your claim and proof of your relationship with Yoink. We will try to resolve the dispute informally by following up via email, phone or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or Yoink may then bring a formal proceeding.

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16.2 Judicial Forum for Disputes. You and Yoink agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought exclusively in the federal or state courts of Delaware, subject to the mandatory arbitration provisions below. Both you and Yoink consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

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16.3. IF YOU ARE A RESIDENT OF THE UNITED STATES, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

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1. Mandatory Arbitration Provisions. You and Yoink agree to resolve any claims relating to or arising out of these Terms or the Service through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this Section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress Your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.
2. Opt Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting Yoink at hello@useyoink.ai within 30 days of first registering your account or agreeing to these Terms.
3. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
4. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
5. Exceptions to Agreement to Arbitrate. Either you or Yoink may assert claims, if they qualify, in small claims court in New Castle County, Delaware, or any United States county where you live or work. Either Party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in New Castle County, Delaware to resolve your claim.

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16.4 NO CLASS OR REPRESENTATIVE ACTIONS. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE PROHIBITED.

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16.5 Severability. If any part of this Section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this Section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

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17. Miscellaneous

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17.1. General. These Terms, including the Privacy Policy, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Yoink regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

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17.2. Governing Law. Delaware law will govern these Terms except for its conflicts of laws principles. Except as provided in the Dispute Resolution Section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New Castle County, Delaware.

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17.3. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

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17.4. Contact Information. You may contact us by sending correspondence by emailing us at hello@useyoink.ai.

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17.5. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

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17.6. Export and Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. The Service may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory, or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Service may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

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