Table of Contents
- 1. WHO YOU ARE AGREEING WITH
- 2. AGE AND ELIGIBILITY
- 3. THE LICENCE WE GRANT YOU
- 4. WHAT YOU MAY NOT DO
- 5. YOUR CONTENT
- 6. OBJECTIONABLE CONTENT, REPORTING, AND ZERO TOLERANCE
- 7. CHILD SAFETY STANDARDS (CSAE)
- 8. BUTTERFLY MODE
- 9. AUTOMATED SYSTEMS, AI, AND THEIR LIMITS
- 10. IDENTITY VERIFICATION
- 11. DEVICE PERMISSIONS
- 12. WHAT THE APP SENDS, AND TO WHOM
- 13. THIRD-PARTY SOFTWARE AND TERMS
- 14. LIMITS WE WANT YOU TO KNOW ABOUT
- 15. UPDATES, CHANGES AND AVAILABILITY
- 16. TERMINATION AND DELETION
- 17. YOUR PRIVACY RIGHTS, AND HOW TO EXERCISE THEM
- 18. INTELLECTUAL PROPERTY COMPLAINTS
- 19. DISCLAIMER OF WARRANTIES
- 20. LIMITATION OF LIABILITY
- 21. INDEMNITY
- 22. CONSUMERS IN JAPAN
- 23. EXPORT CONTROL AND SANCTIONS
- 24. GOVERNING LAW AND DISPUTES
- 25. ADDITIONAL TERMS REQUIRED BY APPLE INC. (APP STORE COPIES)
- 26. ADDITIONAL TERMS FOR GOOGLE PLAY COPIES
- 27. CHANGES TO THIS AGREEMENT
- 28. GENERAL
- 29. HOW TO CONTACT US
Version 3.2.0
Effective Date: September 17, 2026
Supersedes: version 3.1.0, effective August 25, 2026
What changed in 3.2.0: a new Section 7 sets out our Child Safety Standards against child sexual abuse and exploitation (CSAE) and child sexual abuse material (CSAM), including how to report it and our Child Safety Point of Contact. The sections after it move down by one (former 7 to 28 are now 8 to 29), and every cross-reference has been updated to match. Nothing else has changed.
This End-User License Agreement (this "Agreement") is a binding contract between you and YoYo. It governs your licence to install and use the YoYo mobile application and its software (the "App"). It covers both of the App's modes: Guide Mode, the dating and date-planning experience, and Butterfly Mode, the pseudonymous social experience.
This Agreement is about the software licence. Two other documents apply to you as well and are available in the App under Settings: the Terms of Service, which govern the service, your conduct on it, and the Community Standards; and the Privacy Policy, which explains in full what personal information we collect, what we do with it, and how long we keep it. Where this Agreement summarises a subject those documents cover in detail, they control the detail. Section 17 of this Agreement is an exception: it states your privacy rights and how to exercise them, and it stands on its own.
BY TAPPING "I AGREE", OR BY INSTALLING OR USING THE APP, YOU CONFIRM YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE APP.
SECTION 20 LIMITS WHAT YOU CAN RECOVER FROM US. SECTION 24 REQUIRES MOST DISPUTES WITH USERS OUTSIDE JAPAN TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS, AND GIVES YOU 30 DAYS FROM ACCEPTING THIS VERSION TO OPT OUT. THOSE SECTIONS APPLY DIFFERENTLY TO CONSUMERS IN JAPAN; SEE SECTION 22.
1. WHO YOU ARE AGREEING WITH
1.1 "YoYo", "we", "us" and "our" mean, together, the two companies that operate the App:
YoYo LLC (United States)
453 S Spring St STE 400, PMB 1290, Los Angeles, CA 90013, United States of America
YoYo KK, Ltd. (Japan) / YoYo株式会社
566 Tensho Office Hamamatsucho Daimon, Eagle Hamamatsucho, 2-7-17 Hamamatsucho, Minato-ku, Tokyo 105-0013, Japan
1.2 If you reside in Japan, your contracting party, and the business handling your personal data, is YoYo KK, Ltd. If you reside anywhere else, including the United States, your contracting party is YoYo LLC. Both entities are bound by this Agreement and either may enforce it.
1.3 THIS AGREEMENT IS BETWEEN YOU AND YOYO ONLY. IT IS NOT AN AGREEMENT WITH APPLE INC. OR WITH GOOGLE LLC. Apple and Google distribute the App, but they do not operate the YoYo service, are not responsible for the App or its content, and are not parties to this Agreement. YoYo, not Apple and not Google, is solely responsible for the App and for the content in it. Section 25 sets out additional terms Apple requires, including Apple's right to enforce this Agreement against you. Section 26 does the equivalent for Google Play.
1.4 "You" means the individual person accepting this Agreement. The licence is personal to you. You may not accept this Agreement for a company, an organisation, or another person.
2. AGE AND ELIGIBILITY
2.1 The App is an 18+ product. You must be at least 18 years old to install or use it. No part of it is directed to anyone under 18.
2.2 What we actually check. You must enter your date of birth at sign-up. If the date you enter makes you under 18, the App refuses to create the account. That date of birth is then fixed and is the date we check against, including at the entrance to Butterfly Mode. We do not independently verify it unless you choose the optional identity verification in Section 10. One limit, stated plainly: on a small number of older accounts the stored date of birth is missing or unreadable, and in that case the check cannot resolve and does not lock the account out. We would rather tell you that than claim we have verified every user's age, which we have not.
2.3 By accepting this Agreement you represent that you are 18 or older, that the date of birth you gave is truthful, and that you have the legal capacity to enter into this Agreement.
2.4 You must not use the App if a court, a regulator, or YoYo has previously prohibited you from using it. You must not use the App if you are required to register as a sex offender in any jurisdiction, or if you have been convicted of, or pleaded guilty or no contest to, a felony or indictable offence involving sexual assault, sexual abuse, the sexual exploitation or abuse of a child, homicide, kidnapping, stalking, or domestic violence. This prohibition is absolute and does not depend on your own view of whether you are a risk to anyone. By accepting this Agreement you represent that none of it applies to you. If any of it does, or later does, stop using the App and delete your account; we may terminate your account permanently under Section 16 on learning of it, without notice. Nothing here obliges YoYo to run a background check, and Section 9.6 states that we do not.
2.5 We remove accounts we believe belong to people under 18. If you believe an account belongs to a minor, report it in the App using the "Involves a minor" reason, or write to the contact in Section 29. Those reports are our highest priority category and are actioned ahead of all others.
3. THE LICENCE WE GRANT YOU
3.1 Subject to your continuing compliance with this Agreement, YoYo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal licence to download, install and run the App in object code form on mobile devices you own or control, and to use it for your own personal, non-commercial purposes.
3.2 Devices and accounts. You may install and run the App on any device you own or control, and you may be signed in to your YoYo account on more than one of them at a time. There is one account per person; sharing an account with someone else, or running more than one account, is not permitted. For copies obtained from the Apple App Store, how many devices may run the App and which associated accounts may use it are governed by the Usage Rules in the Apple Media Services Terms and Conditions, including Family Sharing; nothing in this Section narrows what those Usage Rules allow, and any use they permit is subject to this Agreement and remains your responsibility.
3.3 If you obtained the App from Google Play, this licence is also subject to the Google Play Terms of Service and to any device and account rules Google applies.
3.4 The App is licensed, not sold. YoYo and its licensors keep all right, title and interest in the App, including all copyright, patent, trademark and trade-secret rights. All rights not expressly granted are reserved. Nothing here lets you use the YoYo name, logo, or trade dress.
3.5 The App needs an internet connection and a YoYo account. Your right to use it depends on your account remaining in good standing. If your account is suspended or terminated, this licence ends at the same time.
3.6 Price. The App is free to download and, as at the effective date above, contains no in-app purchases or subscriptions. If we introduce paid features we will say so clearly before you are asked to pay, and anything you buy through the App Store or Google Play is sold by that store under its own terms, including its own refund policy.
4. WHAT YOU MAY NOT DO
You may not, and may not help or permit anyone else to:
- copy the App, except copies installed on devices you own or control and copies the operating system makes automatically during installation, caching or backup;
- modify, adapt, translate, or create derivative works of the App;
- reverse engineer, decompile, disassemble, decrypt, or otherwise try to discover the source code, underlying ideas, algorithms, model prompts, or moderation thresholds of the App, except to the extent this restriction is prohibited by applicable law;
- rent, lease, lend, sell, resell, sublicense, distribute, publish, or transfer the App or your account, including selling, buying or renting a YoYo account or a verified badge;
- remove, obscure, or alter any copyright, trademark or other proprietary notice;
- access the service by any means other than the App and any interface YoYo publishes for that purpose, including through an emulator, a modified or repackaged build, or a third-party client;
- use any robot, spider, scraper, crawler, automation framework, script, or other automated means to access, read, copy, index, or interact with the App, the service, or other users, or to create accounts;
- collect, harvest, scrape, or store other users' profile data, photographs, avatars, posts, voice, location or contact details, whether by hand or automatically, or use any of it to build a database or train a model;
- circumvent, disable, or otherwise interfere with any security, integrity, attestation, moderation, rate-limiting or access-control feature of the App. This includes defeating or evading our automated content moderation — for example by obfuscating text to get it past the classifier, by stripping or replacing the still frame attached to a video so that what is scanned is not what plays, by re-posting content that was blocked, or by routing content through a path you know is not screened. Circumventing moderation is a breach of this Agreement in its own right, whatever the content turns out to be;
- interfere with, disable, or overload the App or the infrastructure it depends on, or attempt to gain unauthorised access to it, including by attacking rate limits, forging or replaying authentication tokens, reading or writing another user's records, or obtaining a voice token for a channel you do not hold a seat in;
- upload or transmit any virus, worm, or malicious code;
- create a fake profile, impersonate any person or entity, misstate your age, or use another person's photographs, voice, or identity documents;
- create a new account, or use someone else's, to evade a suspension, a termination, or a block another user placed on you; or
- use the App to harass, abuse, stalk, threaten, defraud, solicit, or harm anyone, or to promote or organise any of that.
Breaching this Section is a material breach of this Agreement and may lead to immediate termination under Section 16, on top of any other remedy we have.
5. YOUR CONTENT
5.1 "User Content" means anything you submit, upload, post, transmit or speak through the App: profile text and photographs, Butterfly Mode avatars and profile attributes, Square posts, images and videos, comments, chat messages, date plans, and reports you file.
5.2 You keep ownership of your User Content. By submitting it you grant YoYo a worldwide, non-exclusive, royalty-free licence to host, store, cache, reproduce, adapt for format and display, publish and distribute it, solely to operate, secure, moderate, support and improve the App and for the purposes described in the Privacy Policy. That licence is sublicensable only to our service providers so they can perform services for us, and transferable only as part of an assignment permitted by Section 28.4. It does not permit us to sell your User Content or license it to anyone for their own advertising. It is the same licence granted in the Terms of Service; neither document grants more than the other.
Private messages are treated differently. Messages you send in a Guide Mode or Butterfly Mode conversation, and messages in a party room's text rail, are transmitted to the people you sent them to. We do not publish them or distribute them to anyone else. We handle them to deliver them, to keep your conversation available to you, to run the automated check described in Section 9, to act on a report, to enforce this Agreement, to operate and secure the App, and where the law requires it.
We do not sell your personal information and do not share it for cross-context behavioural or targeted advertising, and we have not done either. There is no advertising in the App, no advertising network, no data broker, and no arrangement under which anyone receives your personal information in exchange for money or anything else of value. The only recipients are those listed in Section 12.
5.3 The licence in Section 5.2 ends when you delete the content or your account, except that (a) copies in routine backups persist until those backups cycle, (b) content already delivered to another person may remain in that person's own record, and (c) we may keep content where the law requires it, where we need it to establish or defend a legal claim, or where it forms part of the safety records described in Section 16.5.
5.4 You represent that you own or have all rights necessary to your User Content, that it infringes nobody's rights, and that it does not violate any law, this Agreement, the Terms of Service, or the Community Standards.
5.5 YoYo is not the author of User Content. Section 9.1 states exactly what is checked, when, and what is not. Our moderation is performed in good faith and is imperfect; moderating does not make us the publisher or speaker of what other people write, say, or post.
6. OBJECTIONABLE CONTENT, REPORTING, AND ZERO TOLERANCE
6.1 Zero tolerance. There is no tolerance for objectionable content or abusive behaviour in either mode. Content that sexualises minors, that solicits or offers commercial or compensated sexual activity, that threatens violence, or that shares another person's intimate images without consent leads to permanent termination on the first occurrence, without warning, and may be referred to law enforcement.
6.2 The tools, free and without contacting us first:
- Reporting. Every profile, post, comment, image, video, chat, voice match and voice room carries a report control. You choose a reason (harassment or bullying, sexual content, violence or threats, hate speech, spam or scam, self-harm, involves a minor, or something else) and may add detail. Reporting from inside a live voice session removes you from it immediately and files the report with the channel reference attached. Reports work across both modes: one report reaches one review queue, and the action we take applies to the whole account.
- Blocking, in Butterfly Mode. Every Butterfly Mode profile and post carries a block control. You place it one-sidedly and it takes effect in both directions: neither of you appears to the other anywhere in Butterfly Mode — the Square feed, comments, profiles, matchmaking, chat and voice. It is immediate, and it is reversible: the far-right tab, the one showing your avatar, has a Settings section holding a list of the accounts you have blocked, with an unblock control on each row.
- In Guide Mode: Hide User, Unmatch and Report User. Guide Mode has no separate block control today. Hide User removes that person from your match deck. Unmatch ends the match, deletes the conversation, and takes each of you out of the other's deck. Report User sends the account to our review team. Two honest limits: hiding is not reversible from inside the App today — once you hide someone, that person will not reappear in your deck and there is no in-App control to undo it, so write to us if you hid someone by mistake; and nothing you do in one mode carries across to the other. Blocking someone in Butterfly Mode does not hide them from your Guide Mode deck, and hiding them in Guide Mode does not block them in Butterfly Mode. If someone is troubling you in both modes, act in both modes, and report them, because reporting is the route that reaches us.
6.3 Our commitment on reports. We review every report. Where a report is substantiated, we will remove the offending content and eject the offending user within 24 hours of receiving the report. Content reported by three or more separate users is hidden automatically while we review it. Reports involving a minor, credible threats of violence, or non-consensual intimate images are prioritised above everything else. We may act by removing content, restricting a feature, suspending an account, terminating it permanently, or referring the matter to law enforcement. We do not always tell the reporter what action was taken, because that information can itself be used to harass — but every report is read.
6.4 Abusing the safety tools, including filing knowingly false reports or organising mass reports to silence someone, is itself a breach of this Agreement.
6.5 What a report keeps. A safety record contains more than the fact that a report was made. Where our automated moderation redacts a message, the record of that action stores a copy of the message text, up to the first 1,500 characters. Safety records are kept after an account is deleted, as Section 16.5 explains, so text you wrote can survive inside a safety record even after your account is gone. We keep them so that deleting an account cannot erase the record of what it was reported for.
7. CHILD SAFETY STANDARDS (CSAE)
7.1 Whose standards these are. This Section sets out the published child safety standards of YoYo Guide (the App), which is published on Google Play by YoYo株式会社 (YoYo KK, Ltd.) and operated by it together with YoYo LLC, as described in Section 1.1. These are our standards against child sexual abuse and exploitation (CSAE) and child sexual abuse material (CSAM). They apply in both modes, on every surface of the App, and to every copy of the App however you obtained it.
7.2 Zero tolerance for CSAE and CSAM. YoYo has zero tolerance for child sexual abuse and exploitation (CSAE) and for child sexual abuse material (CSAM). The following are absolutely prohibited in both modes and on every surface of the App:
- any content, including text, images, video, voice or an avatar, that sexualises, sexually exploits or endangers a child;
- creating, uploading, storing, sharing, soliciting or distributing child sexual abuse material (CSAM);
- grooming, sextortion, trafficking, or any other form of child sexual exploitation, and any sexual or romantic approach to a person you know or suspect to be under 18; and
- any attempt by a person under 18 to access or use the App, and any help given to such a person to do so.
7.3 Adults only. The App is for people 18 and over, and no part of it is directed to children. A person under 18 must not create an account or use the App. We check age at sign-up in the way Section 2.2 describes, and we remove accounts we believe belong to people under 18.
7.4 Prevention and safeguards. To prevent CSAE, we:
- require every user to enter a date of birth at sign-up, and refuse to create an account when that date makes the person under 18 (Section 2.2);
- bar from the App anyone convicted of the offences listed in Section 2.4, which include the sexual exploitation or abuse of a child;
- screen content with automated moderation as described in Section 9.1, within the limits stated there;
- give every user in-App reporting and blocking tools (Section 6.2); and
- treat reports involving a minor as our highest-priority category, actioned ahead of all others (Sections 2.5 and 6.3).
7.5 How to report. In the App, use the report control on any profile, post, comment, image, video, chat, voice match or voice room, and choose the "Involves a minor" reason. You can also block the account in Butterfly Mode, or hide or unmatch it in Guide Mode, as Section 6.2 describes. Outside the App, write to the Child Safety Point of Contact in Section 7.8. You do not need to contact us before reporting in the App, and reporting in the App is the fastest route.
7.6 What we do when CSAE is identified or reported. When we identify CSAE or CSAM, or receive a report of it, we:
- remove the offending content;
- terminate the responsible account or accounts permanently and immediately, without warning;
- preserve the relevant information and evidence, which is kept even after an account is deleted (Section 16.5); and
- report it to the appropriate authorities as the law requires, including the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement (in Japan, the police), and to the appropriate child-protection authorities.
There is no appeal from a child-safety termination, and a person whose account is terminated may not return under a new account (Section 4). This is the same rule as in the Terms of Service.
7.7 Compliance with law. We comply with the child-safety laws that apply in the jurisdictions where we operate, including the United States and Japan, and we cooperate with law enforcement investigations into CSAE.
7.8 Child Safety Point of Contact. Our designated Child Safety Point of Contact, for reports and questions about CSAE and CSAM, including from law enforcement, is:
Email: support@yoyodatingapp.com
YoYo LLC (United States and all users outside Japan)
Attention: Legal Department
453 S Spring St STE 400, PMB 1290
Los Angeles, CA 90013
United States of America
YoYo KK, Ltd. (Japan)
Attention: 法務・個人情報お問い合わせ窓口
566 Tensho Office Hamamatsucho Daimon, Eagle Hamamatsucho
2-7-17 Hamamatsucho, Minato-ku
Tokyo 105-0013, Japan
Reports about a child are treated as a priority. These are the same contact details as in Section 29.1.
7.9 A child in immediate danger. If a child is in immediate danger, contact local law enforcement immediately.
8. BUTTERFLY MODE
8.1 Pseudonymity, and what it is not. In Butterfly Mode you appear under a generated handle and an avatar rather than your dating profile. Other users cannot see your real name, your photographs, or your Guide Mode profile through it, and a post you publish without a visible author shows no author to anyone.
Pseudonymity is a presentation layer toward other users. It is not anonymity toward us. Your Butterfly Mode identity and your Guide Mode account are the same account on our systems, and we can connect the two. The authorship of an unattributed post is held privately by us and is never shown to any user; we use it for moderation, for enforcement, so that you can delete your own post, and to respond to lawful requests. Your ability to host a Butterfly Mode party room depends on the identity verification you completed in Guide Mode, so the two modes are joined there as well. The safety, moderation, reporting, suspension and termination provisions of this Agreement apply in Butterfly Mode exactly as they do in Guide Mode, and enforcement applies to the account as a whole.
8.2 Voice. Butterfly Mode includes short live voice matches between two people and voice rooms where some participants hold speaking seats and others listen. Voice is carried by the Agora Real-Time Communication SDK and by Agora's servers. Access to a channel is authorised by a token our servers mint only after confirming your account currently holds the seat or match you are asking to join. Obtaining, forging, sharing or reusing a token for a channel you do not hold a seat in breaches Section 4.
8.3 We do not record voice or video, and we cannot screen it. YoYo does not record, store or transcribe the audio of a voice match or a voice room, nor the audio or video of a direct call in either mode, and no automated system listens to a call while it happens. Because we hold no recording, we cannot retrieve one afterwards for you or for a moderator, which is why the in-call report captures the channel reference at the moment you report. Live voice is therefore the one surface in the App with no content screening at all: reporting, blocking and the host's controls are what protect you there. If we ever decide safety requires recording or transcription, we will change this Section and the Privacy Policy first, tell you in the App before it takes effect, and show every participant a recording indicator for the whole time a session is recorded. We will not start recording silently.
8.4 You must not record other participants. You may not record, capture, re-stream, or transcribe another participant's voice by any means, including screen recording, a second device, or third-party software, without that participant's consent. Recording a private conversation without the consent of every party is a criminal offence in California and elsewhere, and is separately prohibited here. It is grounds for immediate termination.
8.5 Microphone and voice audio. The App asks for microphone access solely to carry your voice in a voice match, a voice room, or a direct call. Direct calls exist in both modes, so this is the one microphone use that also occurs in Guide Mode; it is not used to capture audio outside a session or call you have joined, and it is never used for advertising, profiling, or ambient listening. Audio and microphone features work only while the App is open; they are suspended when the App is moved to the background or closed. You can decline or revoke microphone permission at any time in your device settings, and only the voice features stop working.
8.6 Butterfly Mode's other features — the quiz and the planet it assigns, interest tags, avatars, the Square feed, follows, reactions, the inactivity indicator, and in-mode messaging — are provided under the same licence and the same restrictions as the rest of the App and may change under Section 15.
9. AUTOMATED SYSTEMS, AI, AND THEIR LIMITS
9.1 Moderation: what is checked, when. Please read this rather than assume.
- Square feed posts are held before publication. A post you submit — its text, its images, and the still frame attached to any video — is created in a pending state that nobody else can see and is sent to an automated moderation model operated by OpenAI. Only after the model classifies it can it appear. Blocked posts never appear. A post the model cannot classify stays pending and is re-checked; it is not published in the meantime.
- Comments are checked after they appear, not before. A comment is visible the instant you write it. It is then sent to the same model, and if it is refused the comment is deleted and its author is notified. This means an objectionable comment can be visible briefly before it is removed.
- Party room titles are checked when the room is created, and a refused title stops the room being created.
- Everything else you write — your display name, your profile text, your profile photographs, date plan and board text, and the messages you send in either mode — is screened as you send it, but that screen is advisory, not absolute. If the moderation service is unreachable at that moment, or you have passed the number of checks we run per account per day, the item is allowed through unscreened rather than blocked. We built it that way so an outage cannot stop people talking, and we accept that trade-off knowingly.
- In a chat, screening can also happen a moment behind delivery. A message may reach the recipient's device, and may appear in a push notification, before the check that later redacts it completes. Redaction removes the message from the conversation; it cannot un-send a notification the recipient has already seen.
- Video is judged only on the still frame attached to it. We do not scan every frame, and the still frame is produced by the sender's device, so it is not proof of what the rest of the clip contains. Nobody should read this Agreement as saying that video is moderated.
- Live voice is not screened at all. See Section 8.3.
Reporting and blocking are the controls that always work. You agree to this automated processing as a condition of the licence in Section 3.
9.2 What goes to OpenAI. For moderation, OpenAI's service receives the text of posts, comments, chat and direct messages in both modes, room chat text, room titles, and profile text and handles. For images, we hand OpenAI a link to the image and OpenAI's service retrieves the image itself from our storage in order to classify it. Separately, OpenAI's models generate the Date Coach's suggestions and Butterfly Mode's icebreakers; for those they receive your profile attributes, your interest tags, and the recent messages in the conversation you asked for help with. Your Date Coach conversations are stored on your account so you can return to them, and they are deleted when your account is deleted.
9.3 The reservation agent. When you ask YoYo to book a table, your reservation details are sent to Browser Use, Inc. (browser-use.com), a service in the United States that drives an automated web browser on our instruction and fills in the venue's own booking form. What is sent: the first name, last name and full name on your account, the phone number and reservation email address saved on your account, the venue, the date, the time, the party size, and — if you have saved dietary notes — those notes, which the agent is instructed to enter into the venue's allergy or special-requests field. If you have recorded an allergy or a religious dietary requirement there, that is health-adjacent information about you and it leaves our systems with the rest of the booking. The venue receives the same details, exactly as if you had filled in its form yourself, and from that point the venue's own privacy policy governs what the venue does with them.
If the automated attempt fails, the booking goes to a queue that a YoYo staff member works by hand, including by telephoning the venue, so a person at YoYo reads your name, phone number, email address and dietary notes. When that happens, an internal alert email containing your name and account email address is sent to YoYo staff through Resend, our email delivery provider (Section 12).
If you would rather none of that happened, do not use the reservation feature. You can book the venue yourself and still keep the date plan in the App.
9.4 These features are assistive and imperfect. Automated moderation produces both false positives, where something is blocked that a person would have allowed, and false negatives, where something is published that should have been blocked. A Date Coach suggestion or an assembled reservation may be inaccurate, inappropriate, or out of date. Automated output is not professional advice of any kind and is no substitute for your own judgement about your own safety.
9.5 You remain responsible for what you send. Text an automated feature drafts becomes your User Content when you choose to send it. A reservation the App helps you request is your request; YoYo does not guarantee that any venue will accept, honour, or hold it, and a venue may refuse.
9.6 Nothing in the App is a background check. YoYo does not run criminal-history, sex-offender-registry, or financial checks on users, and the verified badge in Section 10 does not mean anyone has been vetted for dangerousness. Meeting people you do not know carries risk. Meet in public, tell someone where you are going, arrange your own transport, and leave if you feel unsafe.
9.7 Human review. If an automated decision blocks your content or restricts your account, write to the contact in Section 29 and a person will look at it and tell you the outcome.
10. IDENTITY VERIFICATION
10.1 Verification is optional. If you choose it, you pick a document type and upload a photograph of a government-issued identity document. A YoYo reviewer looks at the image to confirm your identity and that you are 18 or older, and records the result on your account. Features that currently require a verified account include accepting a pending date invitation, Quick Date, and hosting a Butterfly Mode party room.
10.2 No biometrics. We do not perform facial recognition, face matching, or liveness detection on what you upload, and we do not create, derive or store a faceprint, voiceprint, or any other biometric identifier or template. Review is done by a person looking at the image.
10.3 The document image. An identity document is sensitive personal information. We use it for one purpose: so a reviewer can confirm your identity and your age. It is never shown to another user, never attached to your public profile, and never used for matching, ranking, suggestion, advertising, or anything other than verification, safety and compliance with law. It is stored so that only your account and our reviewers can reach it. Deleting your account deletes both the verification record and the stored image; you can also ask us to delete the image at any time, at the contact in Section 29, and we will delete it and confirm.
10.4 One thing you should know before you submit. When you submit a document, an internal alert email is sent to YoYo staff through Resend, our email delivery provider, so a reviewer knows there is something waiting. That email contains your display name, the email address on your account, and your account identifier. It does not contain the document image. Like any email, it sits in our provider's logs and in staff mailboxes.
10.5 A verified badge means a reviewer looked at a document. It is not a safety guarantee, an endorsement, or a background check. See Section 9.6.
11. DEVICE PERMISSIONS
Each permission below is optional at the operating-system level and can be revoked at any time in your device settings. Revoking one disables the feature that depends on it and nothing else.
- Microphone: to carry your voice in Butterfly Mode voice matches and rooms, and in direct calls in either mode. See Section 8.5.
- Camera: to take profile photographs, to carry your video during a video call and only for the duration of that call, and, if you use it, to photograph an identity document.
- Photo library: to choose profile photographs and the images or videos you post.
- Calendar: to read the events already in your device calendar so your YoYo dates appear beside your existing commitments, and to write a confirmed date into your calendar. On iOS the App requests full calendar access. Calendar entries often contain other people's names and email addresses; we use them only to show you your own schedule, we do not build profiles of the people in your calendar, we do not contact them, and we never show your calendar entries to another YoYo user. You can decline calendar access and still use every part of the App.
- Location: to place you on the map, to find and rank people near you, and to suggest venues near you. On Android the App requests precise location; on iOS it requests location only while the App is in use. The App does not collect your location in the background. Two consequences you should weigh: your coordinates are stored on your account record, and other users' copies of the App read that record in order to work out how far away you are, so a signed-in user you have not matched with can tell roughly where you are; and to turn coordinates into a city name the App sends them to your device platform's geocoding service (on iOS, Apple's) and to Google's mapping services when you search for a venue. Turn location off for YoYo in your device settings and nearby ranking and nearby venue suggestions stop working, while the rest of the App keeps working.
- Nearby devices (Android only): Android requires this before an app can send call audio to a paired Bluetooth headset or speaker. We use it only to route voice-session audio. It does not scan for, identify, or record nearby devices, and it is not used to work out where you are.
- Notifications: to send match, message, room and safety notifications. Optional, and switchable off in the App and in your device settings. Note that a Guide Mode message notification includes a short preview of the message text, so the first words of a message can appear on your lock screen.
The App does not track you across other companies' apps or websites, does not ask for App Tracking Transparency permission, and contains no advertising network, no attribution or measurement software, and no advertising identifier.
12. WHAT THE APP SENDS, AND TO WHOM
12.1 This Section is provided in particular to satisfy the external transmission rules of the Telecommunications Business Act of Japan (電気通信事業法 外部送信規律), and it applies to every user wherever you are. The Privacy Policy gives the full detail, including retention periods and cross-border transfer safeguards.
12.2 Using the App causes your device, or our servers acting on your instruction, to transmit information to the following recipients:
- Google LLC / Firebase (Authentication, Cloud Firestore, Cloud Storage, Cloud Functions, App Check, Remote Config). Sent: your account identifier and sign-in credentials, your profile and content data, app-integrity attestation signals, an installation identifier used to fetch the App's current settings, and network metadata including IP address. Purpose: to run the account and the service. Our database is hosted in the United States, the files you upload are stored in Japan, and our server-side functions run in Taiwan, which means the personal data of users in Japan and everywhere else is stored in the United States and in Japan and is processed in all three places.
- Google LLC / Firebase Analytics. Sent: an app-instance identifier, your account identifier on a number of events, screen and event names, device model, operating system version, language, coarse region, and IP address. Purpose: to measure how the App is used and to find broken flows. This is product analytics only; we do not advertise, and there is no advertising identifier for it to be joined to. Stated plainly: analytics collection is on and the App has no switch to turn it off. If we add one we will say so here.
- Google LLC / Firebase Cloud Messaging and Apple Inc. / Apple Push Notification service. Sent: a push token for your device and the notification payload. Purpose: delivering notifications.
- Expo, Inc. (Expo Application Services), United States. Sent: on launch, your installation and runtime identifiers, App version, platform and device model, so the App can check for an update; and, for push, your Expo push token together with the notification's title, body and data. That means the text of a notification, including the message preview described in Section 11, passes through Expo on its way to you. Purpose: App updates and push delivery.
- Google LLC / Google Maps Platform and Places API. Sent: directly from your device, your search terms and your coordinates or a location you choose. Purpose: maps and venue suggestions for date planning.
- Apple Inc., as your device platform. Sent: your coordinates, when the App converts them into a city and country name using the platform geocoder; and, if you use Sign in with Apple, the authentication assertion. Purpose: place names and sign-in.
- OpenAI, L.L.C. Sent: the text described in Section 9.2, a retrievable link to images you submit, and the prompts and context needed to produce a suggestion. Purpose: automated moderation and the assistive features.
- Browser Use, Inc., United States. Sent, only when you ask for a reservation: the details listed in Section 9.3, including any dietary notes. Purpose: completing the venue's booking form on your instruction.
- The venue you are booking, and its reservation platform. Sent: the same reservation details, entered into its form or given by telephone. Purpose: making and holding your reservation. The venue is an independent business and its own privacy policy governs what it does with them.
- Agora Lab, Inc. Sent: the live audio of a voice session while you are in it, the live audio and, on a video call, the live video of a direct call while you are in it, a channel name, a numeric session identifier that is not your account identifier, and connection metadata including IP address. Purpose: carrying live voice and video for Butterfly Mode voice matches and rooms and for direct calls in both modes. We do not record any of it; see Section 8.3.
- Resend, Inc., United States, our email delivery provider. Sent: internal alert emails to YoYo staff. Those emails carry your display name, your account email address and your account identifier when you submit an identity document, and your name and account email address when a reservation is handed to a person. Purpose: telling our staff there is something to do. These emails and their delivery logs persist in staff mailboxes and at our provider.
- Apple Inc. and Google LLC, as the app stores. Sent: what the platform itself collects to deliver, install, update and authenticate the App.
12.3 Diagnostics. When the App hits an error, it sends us a diagnostic record: your account identifier, the screen you were on, the App and operating-system versions, your device model, a session identifier, the error message and stack, and a short trail of the actions that led up to it. We use it only to find and fix faults. It is not shown to other users and is not used for advertising. Read Section 16.5 before you rely on deletion covering it, because today it does not.
12.4 You can reduce what is sent by declining the optional permissions in Section 11, by not using the reservation agent, and by not using the assistive features in Section 9. Some transmissions — sign-in and the database, for instance — cannot be turned off without ending your use of the App, because the App cannot run without them.
13. THIRD-PARTY SOFTWARE AND TERMS
13.1 The App includes third-party components and connects to third-party services, including those named in Section 12.2, the React Native and Expo frameworks and their libraries, and the Agora RTC SDK.
13.2 Your use of a third-party service through the App is also subject to that third party's terms and privacy policy, and you agree to comply with them where they apply to you as an end user. In particular: Firebase-backed features are subject to Google's terms for Firebase; maps and venue search are subject to the Google Maps Platform Terms of Service and Google's Terms of Service, including the restrictions Google places on caching, copying and re-using Places content; voice is subject to Agora's platform terms; moderation and the assistive features are subject to OpenAI's terms, including its usage policies; App updates and push delivery are subject to Expo's terms; and a reservation you complete at a venue is subject to that venue's own booking terms.
13.3 Open-source components are licensed under their own licences. Where an open-source licence grants you rights that conflict with a restriction in Section 4, that licence prevails for that component only.
13.4 YoYo does not control third-party services and is not responsible for their availability, accuracy, security, or acts and omissions. A change or outage at a provider may degrade or disable a feature.
14. LIMITS WE WANT YOU TO KNOW ABOUT
We would rather you knew these than discovered them.
14.1 Other signed-in users can read parts of your account record. Your profile record is readable by any signed-in YoYo user, not only by people you have matched with. That record holds your approximate coordinates, your date of birth, your phone number if you saved one, and the email address on your account. The App does not display those fields to other users, but the record is where they live and it is not sealed to you alone. If that matters to you, do not save a phone number you would not give out, and consider what the location bullet in Section 11 says.
14.2 Some older parts of our database are not yet sealed to you alone. Date plans, matches, notifications, reservations and feedback sit in areas that predate our current access rules and are not restricted to your account. We are correcting that, area by area.
14.3 App integrity checking is switched on in the App but is not yet enforced on our servers, so it is not currently blocking anything.
14.4 Links to images and videos stored by us are long, unguessable web addresses. Anyone who obtains one of those addresses — including someone you send it to — can open the file without signing in to YoYo. Treat a link to your own media as a key to it.
14.5 We describe our security honestly and we do not promise perfection. No system is completely secure. Nothing in this Agreement or the Privacy Policy is a warranty about the security measures applied to any particular file or record, and you should not read one into either document.
15. UPDATES, CHANGES AND AVAILABILITY
15.1 The App may check for, download and install updates, through the App Store, Google Play, and over-the-air updates delivered by Expo Application Services. Some updates are required for the App to keep working, and older versions may stop functioning. Updates are provided under this Agreement unless they come with their own licence terms.
15.2 We may add, change, suspend or discontinue any feature or mode, including Butterfly Mode or anything inside it, at any time. Where a change materially reduces functionality you rely on we will give notice in the App where it is reasonable to do so. We are not liable for a discontinued feature except as stated in Sections 20 and 22.
15.3 The App depends on your device, your operating system and your network. We do not warrant that it works on every device or configuration, and we may end support for older operating-system versions.
16. TERMINATION AND DELETION
16.1 This Agreement takes effect when you first accept it and continues until terminated.
16.2 You may terminate at any time by deleting your account in the App and uninstalling the App. Deleting the App alone does not delete your account. There is one deletion flow, reachable from both modes without switching: in Guide Mode under Settings, and in Butterfly Mode under the far-right tab, the one showing your avatar, then Settings. It does the same thing whichever mode you start from.
16.3 You may also ask us to delete your account without using the App, and without reinstalling it. Use the deletion page at yoyodatingapp.jp/delete-account, or write to support@yoyodatingapp.com from the email address on your account, or by post to either address in Section 1.1. We will verify that the request comes from the account holder, acknowledge it within 3 business days, and complete the deletion within 30 days of verifying you, sooner where we can. It deletes exactly what an in-App deletion deletes. There is no partial deletion and no deactivate-only option.
16.4 What deletion removes. Deletion is permanent, irreversible, and covers both modes. It removes: your Guide Mode profile and your photographs, including the originals stored alongside them; your identity verification record and the document image; your Guide Mode chats and their messages, and any files attached to them; your matches; your saved venues and collections; your calendar entries in the App; your reservations and reservation attempts; your Date Coach sessions; your activity, error and feedback records; your notifications in both directions; your location history; your Butterfly Mode profile and avatar; your Square posts, including posts you published without a visible author, which we find through the private authorship record described in Section 8.1 — the one place that record is used to erase rather than to enforce; your comments, likes and follows in both directions; your Butterfly Mode conversations and messages; the rooms you hosted and your membership of other people's rooms, including messages you sent in other people's rooms; your voice-match records, matchmaking entries, cooldowns and quotas; the media you uploaded in either mode; your internal identity records; and your account itself. It signs you out on every device.
16.5 What does not go away. You should know which:
- Safety and moderation records. Reports about you, and reports you filed about others, are kept and are marked to show the account behind them has gone. As Section 6.5 explains, where automated moderation redacted a message, the record includes a copy of that message text. California Civil Code section 1798.105(d) permits keeping records needed to detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity; the comparable exceptions in other state laws permit the same; and Japan's Act on the Protection of Personal Information permits retention necessary to protect a person's life, body or property.
- Blocks placed against you, and hide entries other users made, so those users stay protected.
- Date plans you shared with someone else. A date plan that was only ever yours is deleted. A plan you shared with another user stays, because it is that person's plan too, and is flagged to show the other party's account has been deleted. The identifier that pointed at your account remains on the plan, but with your account gone it no longer resolves to a name, a photograph or a profile.
- Bookings belonging to other people that named you. Your identifier is stripped from them; the other person's booking stays.
- Content already delivered to someone else, such as a message sitting in their conversation record, and content another user separately saved.
- Reservation details already given to a venue or to the reservation agent, and internal alert emails already delivered to staff mailboxes and to our email provider. Those are out of our systems and, in the venue's case, out of our hands.
- Diagnostic crash records. Stated plainly because it is the one gap in our deletion today: the diagnostic records described in Section 12.3, which contain your account identifier, are not reached by account deletion. We are adding that. Until we do, ask us at the contact in Section 29 if you want them removed and we will remove them.
- Records the law requires us to keep, or that we need to establish or defend a legal claim or resolve a dispute that has already arisen, kept only for as long as that purpose lasts.
- Copies inside routine encrypted backups, until those backups cycle, which takes up to 90 days.
16.6 How deletion actually runs, and what we will not claim. Deletion begins the moment you confirm it. It runs as a sequence of steps across two modes, and it is not instantaneous: transient state such as a seat you were holding in a live voice room is cleared by a background job within minutes, and uploaded files are erased by a housekeeping job that can take up to about a day. If any step does not complete, a scheduled process re-runs it; that process runs every 30 minutes until the deletion is finished. So the accurate statement is that we begin immediately and a scheduled process completes anything the first pass could not — not that everything vanishes the instant you tap the button. If you have reason to think your deletion did not complete, tell us at the contact in Section 29 and we will check it by hand.
16.7 We may suspend or terminate this licence and your account immediately, with or without notice, if you materially breach this Agreement, the Terms of Service or the Community Standards; if we reasonably believe your use endangers another user or the public; if the law requires it; or if we permanently discontinue the App. Where the law allows and the circumstances permit, we will tell you why.
16.8 On termination the licence in Section 3 ends and you must stop using and delete every copy of the App. Sections 1, 4, 5.3, 5.4, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28 and any provision that by its nature should survive, survive termination.
17. YOUR PRIVACY RIGHTS, AND HOW TO EXERCISE THEM
17.1 This Section stands on its own. The Privacy Policy gives more detail, including the categories of personal information we collect, the sources, the purposes, the categories of recipients, and the retention period for each category. Where this Section and the Privacy Policy differ, the one that gives you more rights applies.
17.2 No sale, no sharing. We do not sell your personal information and we do not share it for cross-context behavioural advertising, as those terms are defined by the California Consumer Privacy Act, and we have not in the twelve months before the effective date above. Every recipient in Section 12.2 other than the venue you ask us to book receives your information as our service provider or processor, on terms that confine it to processing on our instruction, forbid it from selling or sharing the information or using it for its own purposes, and require it to help us meet your requests. That is what keeps these disclosures outside California's definitions of a sale and a share, rather than merely outside our intentions. The venue is the exception: it receives your booking because you asked us to make it, it is an independent business rather than our service provider, and its own privacy policy applies.
We also do not use sensitive personal information for any purpose beyond providing the App, keeping it and you safe, detecting fraud and abuse, verifying age and identity where you asked us to, and complying with law — purposes for which California law gives no right to limit. That is why the App shows no "Do Not Sell or Share My Personal Information" link and no "Limit the Use of My Sensitive Personal Information" link. If that ever changes we will publish those links and give notice in the App first.
17.3 If you are a resident of California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana or another state with a comprehensive privacy law, you have the right: to know what personal information we hold about you and where it came from; to obtain a copy of it in a portable format; to correct it; to delete it; to opt out of sale, sharing and targeted advertising, none of which we do; to opt out of profiling that produces legal or similarly significant effects, which we do not carry out; to limit our use of sensitive personal information, which we already confine as described above; and to be free from retaliation for exercising any of these rights. We will not deny you the App, charge you differently, or treat you differently because you made a privacy request.
17.4 How to make a request, honestly described. You can correct almost everything yourself: every Guide Mode profile field is editable in the App, and in Butterfly Mode you can change your avatar, planet and tags and retake the quiz once every seven days. Your Butterfly Mode handle is fixed once created and cannot be changed. You can delete your account yourself as described in Section 16.
For everything else — a copy of your data, a request to know, a correction we cannot make in the App, or deletion of something deletion does not reach — write to support@yoyodatingapp.com or by post to either address in Section 1.1 and say which right you are exercising. There is no self-service download in the App today. A request for a copy of your data is fulfilled by a person assembling it, which is why the response times in Section 17.6 are what we commit to rather than an instant download.
17.5 Verifying you. We will ask you to send the request from the email address on your account, or to sign in and confirm it in the App. For a request for specific pieces of information, which carries more risk, we will ask you to confirm at least two data points already on your account, such as your date of birth and your sign-up date. We will not ask you for a government identity document to verify a privacy request. You may use an authorised agent; we will ask the agent for written permission signed by you, and ask you to verify with us directly, unless the agent holds a valid power of attorney.
17.6 Timing, and appeal. We acknowledge within 10 business days and respond substantively within 45 calendar days. If we need longer we will tell you inside those 45 days, explain why, and take no more than 45 days more. If we decline in whole or in part we will tell you why and how to appeal; to appeal, reply to our decision or write to support@yoyodatingapp.com with "Privacy Appeal" in the subject line within 60 days. Someone not involved in the original decision reviews it and we respond within 45 days. If we deny the appeal we will tell you how to complain to your state Attorney General. We do not charge for requests unless they are manifestly unfounded or excessive, in which case we will tell you why.
17.7 Japan. Requests for disclosure, correction, addition, deletion, suspension of use, or suspension of third-party provision under the Act on the Protection of Personal Information (個人情報保護法), and complaints about how we handle your data, go to the same contact and are handled by YoYo KK, Ltd. You may write in Japanese and we will reply in Japanese. You may also complain to the Personal Information Protection Commission (個人情報保護委員会).
17.8 Nothing in Section 24 requires you to arbitrate a privacy appeal or stops you complaining to a regulator.
18. INTELLECTUAL PROPERTY COMPLAINTS
18.1 YoYo respects intellectual property and rights of personality, privacy and reputation, and requires the same of you.
18.2 DMCA notices (17 U.S.C. § 512). If you believe material in the App infringes your copyright, send a written notice marked "DMCA Notice" to the designated agent in Section 29.2, containing: (a) a physical or electronic signature of the owner or someone authorised to act for the owner; (b) identification of the work claimed to be infringed; (c) identification of the material claimed to be infringing and enough information to let us locate it, such as the profile name and the post; (d) your address, telephone number and email address; (e) a statement that you have a good-faith belief the use is not authorised by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for the owner. Materially incomplete notices may not be actionable.
18.3 When we remove material on a notice, we take reasonable steps to tell the person who posted it promptly what was removed and why, and to give them a copy of the notice including your name and contact details, so they can decide whether to counter-notify. If you send a notice, expect the person you complained about to be told who you are.
18.4 Counter-notification. If your material was removed by mistake or misidentification you may send a counter-notification to the same agent containing: (a) your signature; (b) identification of the material and where it appeared; (c) a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; (d) your name, address and telephone number; and (e) a statement that you consent to the jurisdiction of the United States federal district court for the district of your address, or, if you are outside the United States, any district in which YoYo may be found, and that you will accept service from the person who sent the original notice. On receiving a complete counter-notification we will send a copy to that person, tell them we will restore the material in ten business days, and restore it between ten and fourteen business days later unless our agent first receives notice that they have filed an action seeking a court order against you.
18.5 Misrepresentation. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, is liable for the resulting damages, including costs and legal fees. Do not send either kind of notice unless you mean it.
18.6 Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.
18.7 Japan. If information in the App infringes your rights under Japanese law, including defamation, invasion of privacy or copyright, you may request its removal under the Act on Countermeasures against Information Distribution Platforms (情報流通プラットフォーム対処法). Write to the contact in Section 29 in Japanese or English identifying the information and where it appears, the right you say is infringed, why it is infringed, and your name and contact details. We acknowledge promptly and aim to decide within 14 days of a complete request, faster where the material is manifestly unlawful or involves a minor. Where the law requires or permits, we may tell the person who posted it and give them a chance to respond before deciding, and we will tell you the outcome.
18.8 None of this stops you also using the in-App reporting tools in Section 6, which are usually faster for abuse, harassment and safety problems.
19. DISCLAIMER OF WARRANTIES
19.1 Subject to Sections 19.3 and 22, THE APP AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOYO AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
19.2 Without limiting Section 19.1, we do not warrant that the App will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the App is free of harmful components; that moderation will identify all objectionable content; that any other user is who they say they are, is safe, or is suitable for you; or that you will get a match, a date, or a reservation.
19.3 Some jurisdictions do not allow the exclusion of implied warranties or statutory guarantees, so some exclusions may not apply to you. Nothing in this Agreement excludes or limits any warranty, guarantee or remedy that cannot lawfully be excluded, including the rights of consumers in Japan under Section 22 and any non-waivable rights under applicable United States state law.
20. LIMITATION OF LIABILITY
20.1 Subject to Sections 20.3 and 22, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOYO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
20.2 Subject to Sections 20.3 and 22, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP WILL NOT EXCEED THE GREATER OF (A) WHAT YOU PAID YOYO IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
20.3 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our wilful misconduct or gross negligence, for our own violation of law, or for anything else that cannot lawfully be excluded. California Civil Code section 1668 voids a contract that would exempt a party from responsibility for its own fraud, wilful injury or violation of law, and this Agreement is not to be read as attempting that. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so these limits may not fully apply to you.
20.4 Meeting people. We do not screen users for dangerousness and we are not responsible for the conduct of any user, online or offline. You are responsible for your interactions with other users, including any meeting you agree to. This does not limit our liability under Section 20.3.
21. INDEMNITY
21.1 To the extent permitted by law, you will indemnify and hold harmless YoYo LLC, YoYo KK, Ltd. and their directors, officers, employees and agents from any third-party claim, damage, loss, liability, cost and reasonable legal fee arising out of your User Content; your breach of this Agreement, the Terms of Service or the Community Standards; your violation of any law or of anyone's rights; or your interaction with another user, including any meeting.
21.2 Limits. You owe us nothing under this Section to the extent a claim arises from YoYo's own act or omission, including our ordinary negligence, gross negligence, wilful misconduct, fraud, or violation of law. You are not required to indemnify us against a claim that we failed to act on a report, failed to moderate content, designed or operated the App unsafely, or mishandled personal information. This Section does not apply to a consumer in Japan except as the Consumer Contract Act permits. We will notify you of any claim we seek indemnity for, let you take part in its defence at your own expense, and will not settle it in a way that imposes an obligation on you without your consent.
22. CONSUMERS IN JAPAN
22.1 This Section applies if you are a consumer as defined by the Consumer Contract Act of Japan (消費者契約法). Where it conflicts with anything else in this Agreement, this Section prevails.
22.2 Nothing in this Agreement excludes our liability for damage caused by our intentional acts or gross negligence (故意または重過失), and nothing excludes our liability in full. Any provision that would do either is void as to you to that extent.
22.3 For damage caused by our ordinary negligence, our liability is limited to ordinary damages actually and directly arising and, where you have paid us nothing, to no more than JPY 15,000, matching the cap in the Terms of Service. That limit does not apply to liability described in Section 22.2, to death or personal injury, or to anything Japanese law does not permit us to limit.
22.4 Sections 19 and 20 apply to you only as far as the Consumer Contract Act and other Japanese law permit, and are read as limited accordingly rather than struck out.
22.5 Minors and prohibited solicitation. The App is for people 18 and over. You must not use it to solicit, invite or attempt to meet anyone under 18 for any romantic or sexual purpose, and you must not post, send or say anything soliciting or offering sexual conduct in exchange for money or other consideration, including what is commonly called 援助交際. Such content is removed and the account terminated permanently on the first occurrence, and we may report the matter to the police. YoYo checks age at sign-up by declared date of birth and offers optional identity document review under Section 10. YoYo has not made a filing under the Act on Regulation on Soliciting Children by Using Opposite-Sex Introduction Services on the Internet (出会い系サイト規制法) and makes no claim to be a notified business under it.
22.6 You may write to us in Japanese at the contact in Section 29, or by post to YoYo KK, Ltd., and we will reply in Japanese.
23. EXPORT CONTROL AND SANCTIONS
23.1 The App and its technology are subject to the export control and sanctions laws of the United States, including the Export Administration Regulations and the regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control, and to the export control laws of Japan and any other applicable jurisdiction.
23.2 You represent that you are not located in, under the control of, or a national or resident of, any country subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and that you are not on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List and the Entity List.
23.3 You will not use, export, re-export or transfer the App in violation of any of those laws, or use it for any purpose they prohibit.
24. GOVERNING LAW AND DISPUTES
24.1 Consumers in Japan. If you reside in Japan, this Agreement is governed by the laws of Japan, and the arbitration agreement and class-action waiver in Sections 24.3 and 24.4 do not apply to you and have no effect against you. Disputes will be brought in the courts of Japan, and you and YoYo agree the Tokyo District Court (東京地方裁判所) is the court of first instance by agreement. This does not deprive you of any other court Japanese law gives a consumer the right to use, and does not affect any mandatory protection of Japanese consumer law.
24.2 Everyone else: governing law. If you reside outside Japan, this Agreement is governed by the laws of the State of California and, where applicable, the federal law of the United States, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 24.3. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
24.3 Everyone else: informal resolution, then arbitration. This is the same arbitration agreement as the one in the Terms of Service, restated so this Agreement can be read on its own. There is one arbitration agreement between you and YoYo, not two; if the texts ever differ, the Terms of Service governs.
Before starting any formal proceeding, you and YoYo will try to resolve the dispute informally: send a written notice describing the dispute and the relief sought to the contact in Section 29 and allow 60 days. If it is not resolved, any dispute arising out of or relating to this Agreement or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitrator decides all issues except the enforceability of Section 24.4, which a court decides. Judgment on the award may be entered in any court of competent jurisdiction.
Who pays. If you start arbitration against us, you pay only the portion of the filing fee the AAA Consumer Arbitration Rules require a consumer to pay, and YoYo pays all remaining AAA filing, administration, case-management and arbitrator fees for claims of USD 75,000 or less, unless the arbitrator finds your claim frivolous. If we start arbitration against you, we pay all of them. Each party otherwise bears its own legal fees unless a statute or the award says otherwise.
Where. You will never be required to travel. At your election the arbitration is conducted by telephone, by video, or on written submissions only, and any in-person hearing is held in the county where you live unless you choose Los Angeles County, California.
24.4 Everyone else: class-action waiver. YOU AND YOYO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative proceeding.
Public injunctive relief is carved out. Nothing here waives, and no arbitrator may decide, a claim for public injunctive relief brought on behalf of the general public under California law. Such a claim is severed and stayed and may be brought only in the state or federal courts in Los Angeles County, California, while arbitration of your individual claims proceeds. This carve-out is not severable: if it is held unenforceable, the whole of Sections 24.3 and 24.4 is unenforceable as to you and all disputes proceed in those courts. If Section 24.4 is otherwise held unenforceable as to a particular claim, that claim is severed and heard in court and the rest continues to apply.
24.5 Your right to opt out of arbitration. You may opt out of Sections 24.3 and 24.4 by writing to the contact in Section 29 within 30 days of the day you accept this version 3.0.0, stating your name, the email address on your account, and that you opt out of arbitration. If you accepted version 2.0.0 and your 30 days had not expired when version 3.0.0 took effect, you get a fresh 30 days from accepting this version. Continued use of the App alone does not start that clock and does not bind you to Sections 24.3 and 24.4; we will not treat you as having agreed to arbitration unless you affirmatively accepted a version containing it. Opting out affects nothing else and will not be held against you. If you opt out, disputes go exclusively to the state or federal courts in Los Angeles County, California, and both of us consent to their jurisdiction.
24.6 Exceptions for everyone. Either party may bring a qualifying individual claim in small-claims court, and either party may seek injunctive relief in any court of competent jurisdiction to stop unauthorised use of, or infringement of intellectual property rights in, the App. Nothing here prevents you reporting a matter to a government agency or regulator.
25. ADDITIONAL TERMS REQUIRED BY APPLE INC. (APP STORE COPIES)
This Section applies only if you obtained the App from the Apple App Store. Where it conflicts with anything else in this Agreement, this Section prevails for App Store copies.
25.1 Acknowledgment. You and YoYo acknowledge that this Agreement is concluded between you and YoYo only, and not with Apple, and that YoYo, not Apple, is solely responsible for the App and its content. This Agreement does not provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions as of the effective date of this Agreement.
25.2 Scope of licence. The licence granted to you for the App is a limited, non-transferable licence to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where those Usage Rules permit.
25.3 Maintenance and support. YoYo is solely responsible for providing any maintenance and support services for the App, as specified in this Agreement or as required by applicable law. You and YoYo acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
25.4 Warranty. YoYo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be YoYo's sole responsibility.
25.5 Product claims. YoYo, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of any framework for the collection or handling of data. This Agreement does not limit YoYo's liability to you beyond what applicable law permits.
25.6 Intellectual property rights. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, YoYo, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
25.7 Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
25.8 Developer name and address. Any question, complaint or claim about the App should be directed to: YoYo LLC, 453 S Spring St STE 400, PMB 1290, Los Angeles, CA 90013, United States, support@yoyodatingapp.com. For users in Japan: YoYo KK, Ltd., 566 Tensho Office Hamamatsucho Daimon, Eagle Hamamatsucho, 2-7-17 Hamamatsucho, Minato-ku, Tokyo 105-0013, Japan, support@yoyodatingapp.com.
25.9 Third-party terms. You must comply with applicable third-party terms of agreement when using the App, including those identified in Sections 12 and 13.
25.10 Third-party beneficiary. YOU AND YOYO ACKNOWLEDGE AND AGREE THAT APPLE, AND APPLE'S SUBSIDIARIES, ARE THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, AND THAT, UPON YOUR ACCEPTANCE OF THIS AGREEMENT, APPLE WILL HAVE THE RIGHT, AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT, TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY OF IT.
26. ADDITIONAL TERMS FOR GOOGLE PLAY COPIES
This Section applies only if you obtained the App from Google Play.
26.1 This Agreement is between you and YoYo only. Google is not a party to it and is not responsible for the App, its content, or our performance.
26.2 YoYo, and not Google, is solely responsible for the App, for any maintenance and support, for any warranty, and for addressing any claim relating to the App, including product liability, regulatory compliance, consumer protection and intellectual property claims.
26.3 Your download and use of the App is also subject to the Google Play Terms of Service, and any refunds are governed by Google's policies.
26.4 Nothing here limits any right you have against Google under your agreement with Google.
27. CHANGES TO THIS AGREEMENT
27.1 We may change this Agreement to reflect changes to the App, to our vendors, or to the law. When we do, we update the version number and effective date at the top and publish the new version in the App.
27.2 For material changes we will give notice in the App before they take effect and ask you to accept the new version. Continuing to use the App after a material change takes effect, or tapping "I Agree" on the new version, means you accept it. If you do not accept it, stop using the App and delete your account under Section 16. Sections 24.3 and 24.4 are an exception: we will never treat continued use as acceptance of an arbitration agreement or class-action waiver you have not affirmatively accepted.
27.3 We will not apply a change retroactively to a dispute that arose before it took effect.
28. GENERAL
28.1 Entire agreement. This Agreement, with the Terms of Service, the Community Standards in them, and the Privacy Policy, is the entire agreement between you and YoYo about the App and replaces all previous versions, including version 2.0.0.
28.2 Severability. If a provision is held unenforceable it is modified to the minimum extent needed to make it enforceable or, failing that, severed, and the rest continues. Section 24.4 has its own severance rules, including the non-severable public-injunctive-relief carve-out.
28.3 No waiver. Our failure to enforce a provision is not a waiver of it.
28.4 Assignment. You may not assign or transfer this Agreement or your account. We may assign it to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you.
28.5 Third-party beneficiaries. This Agreement creates no rights for anyone other than you and YoYo, except that Apple and its subsidiaries have the rights in Section 25.10, and YoYo's affiliates, directors, officers, employees and agents may enforce Sections 20, 21 and 23.
28.6 Force majeure. Neither party is liable for a delay or failure caused by something outside its reasonable control, including natural disaster, epidemic, war, labour action, government action, or the failure of a network, an app store, or a third-party provider. This does not excuse a failure to pay or affect liability under Section 22.2.
28.7 Language. This Agreement is published in English, Japanese and Chinese. The translations are for convenience. If versions conflict, the English version governs, except for consumers in Japan, for whom the Japanese version governs.
28.8 Headings are for convenience only.
29. HOW TO CONTACT US
29.1 For any question, complaint or claim about the App or this Agreement — including reports of objectionable content and abusive users, removal requests, arbitration opt-out notices, requests for human review of an automated decision, privacy requests, and requests to delete an account from outside the App:
Email: support@yoyodatingapp.com
YoYo LLC (United States and all users outside Japan)
Attention: Legal Department
453 S Spring St STE 400, PMB 1290
Los Angeles, CA 90013
United States of America
YoYo KK, Ltd. (Japan)
Attention: 法務・個人情報お問い合わせ窓口
566 Tensho Office Hamamatsucho Daimon, Eagle Hamamatsucho
2-7-17 Hamamatsucho, Minato-ku
Tokyo 105-0013, Japan
We accept correspondence in English and Japanese and aim to acknowledge every message within 3 business days. Reports of objectionable content follow the timeline in Section 6.3, not this one, and reporting in the App is faster than email.
29.2 Designated agent for copyright notices. Notices under 17 U.S.C. § 512 and counter-notifications go to:
DMCA Agent, Legal Department
YoYo LLC
453 S Spring St STE 400, PMB 1290
Los Angeles, CA 90013
United States of America
Email: support@yoyodatingapp.com
Mark the subject line or the envelope "DMCA Notice" or "DMCA Counter-Notification". Notices sent elsewhere may not reach the agent and may not be effective.