Terms of Use

Version 1.0

Last Revised On: April 9, 2026

The website located at yorkie.terms.pub (the "Site") and the messaging services operated by Yorkie Tech LLC ("Company", "us", "our", and "we"), accessible via RCS (Rich Communication Services) and related platforms (collectively, the "Service"), are copyrighted works belonging to Yorkie Tech LLC. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be communicated in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE "TERMS") SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY USING THE SERVICE OR RECEIVING MESSAGES FROM THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICE.

1. Access to the Service

1.1. Description of Service. The Service provides automated and manual messaging for personal, non-commercial purposes, including home automation alerts, application monitoring notifications, personal reminders, and general communications. Messages are delivered via RCS and related messaging protocols through the Twilio platform.

1.2. License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to receive and interact with messages from the Service solely for personal, noncommercial use.

1.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

1.4. No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.

1.5. Ownership. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Company or Company's suppliers. Neither these Terms (nor your use of the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in these Terms.

2. Message Consent and Opt-Out

2.1. Consent. Messages are sent only to individuals who have provided prior consent to receive them. By providing your phone number and consenting to receive messages, you agree to receive automated and manual messages from the Service.

2.2. Opt-Out. You may opt out of receiving messages at any time by replying STOP to any message or by contacting us directly at the contact information provided below. Upon receipt of your opt-out request, we will cease sending messages to you within a reasonable time.

2.3. Message Frequency. Message frequency varies based on the nature of the notification. Automated alerts (such as home automation events) are sent as they occur. No recurring marketing or promotional messages are sent.

2.4. Costs. There is no charge from Company for receiving messages from the Service. Standard message and data rates from your wireless carrier may apply.

3. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. Third-Party Services

The Service relies on third-party platforms and services, including Twilio, for message delivery. Such third-party services are not under the control of Company, and Company is not responsible for the availability, reliability, or performance of any third-party service. Your use of any third-party service is subject to that third party's terms and policies, including the third party's privacy and data gathering practices.

5. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE SERVICE IS NOT INTENDED FOR EMERGENCY COMMUNICATIONS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

6. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (US $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your access to the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your right to use the Service will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, Sections 3 through 10 will remain in effect.

8. General

8.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our site or by other reasonable means. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

8.2. Governing Law. These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

8.3. Electronic Communications. The communications between you and Company use electronic means. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing.

8.4. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

8.5. Copyright/Trademark Information. Copyright © 2026 Yorkie Tech LLC. All rights reserved.

8.6. Contact Information:

Yorkie Tech LLC

651 N Broad St, Suite 206

Middletown, Delaware 19709

Telephone: +1 (650) 605-3899

Email: [email protected]

Yorkie Tech LLC · Delaware Limited Liability Company