Terms of Service

1. Introduction

Welcome to yaan's terms of service! Since you've clicked here, please pause, grab a cup of coffee, and carefully read the following pages. It'll take you about 15 minutes.

Yaan is built and operated by Zenith Hosting KLG ("we," "us," "our," "yaan"), a company incorporated at Saegebachweg 16a, 3052 Zollikofen, Switzerland.

These Terms of Service ("Terms") govern your use of all services provided at https://yaan.ch and operated by Zenith Hosting KLG ("we," "us," "our," "yaan").

Our Privacy Policy is a separate document that explains how we collect, safeguard, and disclose information that results from your use of our services. Please read it too. The Privacy Policy has its own amendment procedures distinct from these Terms, as described in Section 21 below.

By using yaan, you agree to these Terms and our Privacy Policy. You acknowledge that you have read and understood these agreements, and agree to be bound by them.

If you don't agree with (or can't comply with) these agreements, then you may not use the service but please let us know by emailing support@yaan.ch so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the service.

Thank you for being responsible.

2. Communications

You'll only receive newsletters, marketing, or promotional materials if you subscribe to these communications. You may opt out at any time by following the unsubscribe link or by emailing support@yaan.ch.

3. Purchases

If you wish to purchase any product or service made available through yaan, you may be asked to supply certain information relevant to your purchase including your email, payment method details, and billing address.

You represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct, and complete.

Yaan uses Stripe, Inc. as a payment processor for facilitating payment and the completion of purchases. Stripe acts as the merchant of record and is responsible for tax compliance, VAT collection and remittance, and international tax obligations.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Subscriptions and Usage-Based Pricing

Some parts of the service are billed on a subscription basis. Yaan uses metered, usage-based billing. Current plans and pricing are available on our website and in your dashboard.

You'll be billed at the end of each billing cycle on a recurring and periodic basis. Billing cycles are set on a monthly basis.

At the end of each billing cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or yaan cancels it. You can cancel your subscription at any time from your yaan dashboard or by sending an email to support@yaan.ch.

Metered Billing

The Pro plan includes a fixed number of verifications per billing cycle. Additional usage beyond your included quota is billed at the overage rate published on our website and in your dashboard.

A valid payment method is required to process the payment for your subscription. By submitting such payment information, you automatically authorize yaan to charge all subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, yaan will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

5. Fee Changes

Yaan will provide you with reasonable prior notice of at least 30 days before any change in subscription fees takes effect, giving you an opportunity to terminate your subscription before the change becomes effective.

Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

6. Refunds

We offer refunds within 30 days of purchase. To request a refund, email support@yaan.ch with your account details. All refund requests are reviewed individually.

7. Content

Content found on or through this service is the property of yaan. You may not reproduce, distribute, or use it for commercial purposes without our prior written consent.

8. Prohibited Uses

You may use the service only for lawful purposes and in accordance with these Terms. You agree not to use the service:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
4. To impersonate or attempt to impersonate yaan, a yaan employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the service, or which, as determined by us, may harm or offend yaan or users of the service or expose them to liability.

Additionally, you agree not to:

7. Use the service in any manner that could disable, overburden, damage, or impair the service or interfere with any other party's use of the service, including their ability to engage in real-time activities through the service.
8. Use any robot, spider, scraper, or other automatic device, process, or means to access the service for any purpose, including monitoring or copying any of the material on the service.
9. Use any manual process to monitor or copy any of the material on the service or for any other unauthorized purpose without our prior written consent.
10. Use any device, software, or routine that interferes with the proper working of the service.
11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the service, the server on which the service is stored, or any server, computer, or database connected to the service.
13. Attack the service via a denial-of-service attack or a distributed denial-of-service attack.
14. Take any action that may damage or falsify yaan's rating.
15. Otherwise attempt to interfere with the proper working of the service.

Anti-Bot and Reverse Engineering Restrictions

Because yaan is a bot protection service, the following additional restrictions apply. You agree not to:

16. Reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover the source code, algorithms, detection methods, or underlying technology of the service.
17. Use yaan's services to train, develop, or improve any competing product, including but not limited to other bot detection, CAPTCHA, or traffic analysis services.
18. Study yaan's detection behavior to build or improve automated systems designed to bypass bot protection.
19. Use multiple accounts, temporary email addresses, or other means to circumvent usage limits, quotas, or pricing tiers.
20. Use the Free plan to protect websites that primarily serve or facilitate automated traffic, bots, scrapers, or credential-stuffing tools.

You are permitted to benchmark, test, or evaluate yaan's detection capabilities, including against competing products.

9. Sub-Processors

See our sub-processors page for more details.

10. Accounts

When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the service.

You are responsible for maintaining the confidentiality of your account and authentication credentials, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account, whether your authentication is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

11. Data Retention

Account data is kept for as long as your account remains active. Payment data is retained for 10 years to comply with Swiss legal obligations under the Swiss Code of Obligations (Art. 958f).

When you delete your account, associated data is erased from our live database immediately and is fully removed from backups up to 14 weeks, unless we're legally required to retain it.

12. Intellectual Property

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of yaan and its licensors. The service is protected by copyright, trademark, and other laws of Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of yaan.

13. Error Reporting and Feedback

Got ideas? We love them! Send feedback to support@yaan.ch.

By sharing feedback, you're helping make yaan better for everyone (and you grant us rights to actually implement your awesome suggestions).

You may provide us either directly at support@yaan.ch or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our service. You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the feedback; (ii) yaan may have development ideas similar to the feedback; (iii) feedback does not contain confidential information or proprietary information from you or any third party; and (iv) yaan is not under any obligation of confidentiality with respect to the feedback. In the event the transfer of the ownership to the feedback is not possible due to applicable mandatory laws, you grant yaan and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use (including copy, modify, create derivative works, publish, distribute, and commercialize) feedback in any manner and for any purpose.

14. Links to Other Websites

Our service may contain links to third party websites or services that are not owned or controlled by yaan.

Yaan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT YAAN SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.

15. Disclaimer of Warranties

Service Limitations

Our services are provided on a "best effort" basis. We do not warrant that:

• Services will meet your specific requirements
• Services will be uninterrupted or error-free
• Any defects will be corrected
• Our servers or software will be free of viruses or harmful components
• Bot detection will be 100% accurate or catch all malicious traffic
• The service will not produce false positives that may block legitimate users

Third-Party Service Dependencies

Our services rely on third-party providers (internet, hosting, payment processors, DNS, CDN). We are not responsible for:

• Outages or issues caused by third-party providers
• Changes to third-party services that affect our platform
• Third-party security breaches or data loss

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YAAN, ZENITH HOSTING KLG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF YAAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH:

• The use or inability to use the service
• The cost of procurement of substitute goods or services
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the service
• Bots, automated traffic, or malicious actors bypassing yaan's detection
• False positives or false negatives in bot detection verdicts
• Service interruptions, downtime, or data loss
• Any other matter relating to the service

IN NO EVENT SHALL YAAN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, AND CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO YAAN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) EUR 100.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THESE LIMITATIONS DO NOT EXCLUDE LIABILITY FOR INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, DEATH, OR PERSONAL INJURY AS REQUIRED BY SWISS LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless yaan, Zenith Hosting KLG, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys' fees) arising from:

• Your use of and access to the service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of the service caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the service.

18. Termination

We may terminate or suspend your account, acting reasonably, if you materially breach these Terms and fail to remedy such breach within a reasonable period after notice. We may also terminate or suspend your account immediately if required by law or to protect the security or integrity of our service.

If you wish to terminate your account, you may simply discontinue using the service or delete your account from the dashboard.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Limitation Period

Any legal action must be commenced within five years of the dispute arising, except as prohibited by applicable consumer protection laws which may provide for longer statutory limitation periods.

20. Changes to Service

We reserve the right to withdraw or amend our service, and any service or material we provide via the service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the service, or the entire service, to users, including registered users.

21. Amendments to These Terms

We may amend these Terms from time to time. We will provide at least 30 days' advance notice of material changes via email to registered users and a prominent notice on our website. Your continued use after the notice period constitutes acceptance. If you do not agree, you may terminate your account before the changes take effect. Non-material changes (e.g., clarifications, updated contact details) may be made without advance notice.

Privacy Policy Changes

Notwithstanding the above, changes to our Privacy Policy that affect how we collect, use, store, or share your personal information are subject to different notice requirements. For any material changes to data processing practices or personal information handling:

• We will provide at least 30 days' advance notice via email to registered users and prominent notice on our service
• We will clearly explain what changes are being made and how they may affect you
• Your continued use of the service after such notice period will constitute acceptance of the privacy policy changes
• If you do not agree to privacy policy changes, you may terminate your account before the changes take effect

Minor technical updates to the Privacy Policy that do not materially change our data practices may be made with standard notice as described above for general Terms amendments.

22. Waiver and Severability

No waiver by yaan of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of yaan to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

23. Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Questions?

If you have any questions or concerns about yaan's terms of service, please don't hesitate to reach out.

Send an email to support@yaan.ch.