Terms and Conditions

1. Agreement to these terms

By creating a Yonderly account, starting a trial, installing or using the Yonderly apps, or accessing yonderly.com or admin.yonderly.com (together, the "Service"), you agree to these Terms and Conditions (the "Terms"). If you are using the Service on behalf of a company or other organization, you confirm that you have authority to bind that organization, and "you" means that organization.

If you do not agree to these Terms, do not use the Service.

These Terms incorporate our Privacy Policy, Cookie Policy and Data Processing Policy.

2. Who we are and definitions

Yonderly is a product of Meiotic Inc., a California corporation based in Irvine, California ("Meiotic", "we", "us" or "our").

• Account means the Yonderly workspace you create and the users, devices and content within it.
• Admin (or seat) means a user who can log in to the Yonderly admin console to upload, organize, test and distribute content.
• Device means an iOS, Android or Windows device on which the Yonderly app is installed and registered to your Account. Viewing or testing content in a web browser does not count as a Device.
• Content means files, media, documents, HTML, links and other material that you or your users upload to or distribute through the Service.
• Plan means the subscription tier you select (for example Standard, Plus or Max), including any add-on Devices, as described on our pricing page.

3. Eligibility and accounts

The Service is intended for business and professional use. You must be at least 18 years old and able to form a binding contract to use it.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account, including activity by your Admins and on your Devices. You agree to provide accurate account and billing information and to keep it current. Notify us at support@yonderly.com promptly if you believe your Account has been accessed without authorization.

4. The service

Yonderly lets you build, test and distribute content across real devices. Subject to these Terms and your Plan, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription for your internal business purposes.

The Yonderly apps are available for iOS, Android and Windows. Content can also be shared and tested in a web browser without a Device seat. We may release updates, add or change features, and modify the apps and admin console over time. Some features may require a minimum app version or operating system.

5. Free trial

We may offer a free trial for new Accounts. The length of the trial is shown at signup. During the trial you may use the Service subject to these Terms. Unless you cancel before the trial ends, or we state otherwise at signup, your Account will convert to the paid Plan you selected and billing will begin on the day the trial ends. We may limit trials to one per organization and may change or withdraw trial offers at any time.

6. Plans, billing and cancellation

Subscriptions and pricing

The Service is sold as a monthly subscription. Current Plans, included Admins and Devices, and per-Device add-on rates are published on our pricing page. Prices are in US dollars and exclude any applicable taxes, which you are responsible for.

Automatic renewal

Your subscription renews automatically each month and is billed to your payment method on the monthly anniversary of the date your paid subscription began. By subscribing, you authorize us (or the app store through which you subscribed) to charge each renewal until you cancel.

Devices and changes to your Plan

You may add Devices or upgrade your Plan at any time from the admin console. Additional Devices are billed at the add-on rate for your Plan. If your usage exceeds the limits of your Plan, we may bill the additional Devices at that rate or ask you to upgrade.

Cancellation and refunds

You may cancel at any time. Cancellation takes effect at the end of the current paid billing period, and you will keep access to the Service until then. Fees already paid are non-refundable, and we do not provide refunds or credits for partial months, unused Devices, downgrades, or periods in which the Service was available but not used.

Payment failures

If a payment fails, we may retry it and may suspend or downgrade your Account until the balance is paid. We may change our prices with at least 30 days' notice; a price change applies from your next billing period after the notice period.

App store subscriptions

If you subscribed through the Apple App Store or Google Play, that store processes your payment and its billing, renewal, cancellation and refund rules apply to that purchase. Manage or cancel those subscriptions through your store account.

7. Your content and your data

You own your Content. We do not claim any ownership of it. You grant us a limited license to host, store, process, transmit, display and back up your Content solely as needed to provide, maintain and improve the Service and to support you, and for no other purpose.

You are responsible for your Content and confirm that you have all rights needed to upload and distribute it, that it does not infringe or misappropriate anyone's rights, and that it complies with applicable law.

Personal data that we process on your behalf is handled in accordance with our Data Processing Policy. Personal data about you as a customer is handled in accordance with our Privacy Policy.

You are responsible for keeping your own copies of your Content. When your Account is closed, we may delete your Content after a reasonable retention period.

8. Acceptable use

You agree not to, and not to allow anyone using your Account to:

• Use the Service to store or distribute Content that is unlawful, infringing, defamatory, harassing, or that contains malware or malicious code.
• Violate anyone's privacy or intellectual property rights.
• Access, probe or disrupt the Service, its infrastructure or other customers' accounts without authorization, or attempt to bypass usage limits, Device counts or security measures.
• Reverse engineer, decompile or attempt to extract the source code of the apps or the Service, except where the law expressly permits it.
• Resell, sublicense, rent or provide the Service to third parties as a standalone offering without our written agreement.
• Use the Service to build a competing product or to benchmark it for publication without our consent.
• Use automated means to scrape or harvest data from the Service other than through interfaces we provide for that purpose.

We may remove Content or suspend access that we reasonably believe violates this section.

9. Our intellectual property

The Service, including the apps, admin console, software, design, documentation and the Yonderly and Meiotic names and logos, is owned by Meiotic Inc. and its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights.

If you send us feedback or suggestions about the Service, you agree we may use them without restriction or compensation.

10. App stores and third-party services

The Yonderly apps are distributed through the Apple App Store, Google Play and the Microsoft Store. Your use of an app obtained from a store is also subject to that store's terms. Apple, Google and Microsoft are not parties to these Terms and have no obligation to provide support or maintenance for the apps.

The Service may link to or work with third-party services. We are not responsible for third-party services, and your use of them is governed by their own terms.

11. Disclaimer of warranties

The Service is provided "as is" and "as available". To the fullest extent permitted by law, Meiotic disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free or secure, or that it will render your Content identically on every device.

12. Limitation of liability

To the fullest extent permitted by law, Meiotic and its officers, directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

Our total liability for all claims arising out of or related to the Service or these Terms will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim.

13. Indemnification

You will defend, indemnify and hold harmless Meiotic and its officers, directors, employees and agents from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of your Content, your use of the Service in violation of these Terms, or your violation of applicable law or the rights of a third party.

14. Termination

You may close your Account at any time. We may suspend or terminate your Account if you breach these Terms, if your payment is overdue, if required by law, or if we discontinue the Service. Where practical we will give you notice and an opportunity to export your Content.

On termination, your right to use the Service ends. Sections that by their nature should survive, including Sections 7, 9, 11, 12, 13, 16 and 17, will survive.

15. Changes to the service and these terms

We may update these Terms from time to time. If we make material changes we will post the updated Terms on this page and update the effective date, and we may notify you by email or through the Service. Continued use of the Service after the change takes effect means you accept the updated Terms.

We may also change, suspend or discontinue any part of the Service. We will not be liable to you for doing so, but if we discontinue the Service entirely we will refund any prepaid fees for the unused portion of your paid period.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of law rules. Before starting any formal proceeding, you agree to contact us at support@yonderly.com and work with us in good faith for at least 30 days to resolve the dispute informally.

Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

17. General terms

• Entire agreement. These Terms, together with the policies they reference and your Plan selection, are the entire agreement between you and Meiotic regarding the Service. A separate written agreement signed by Meiotic, if any, takes precedence over these Terms to the extent they conflict.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Severability. If any provision is found unenforceable, the rest of these Terms remain in effect.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Export and sanctions. You will comply with applicable export control and sanctions laws in your use of the Service.
• Notices. We may send notices to the email address on your Account. Notices to us should be sent to the address below.