Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Yerba ("Yerba," "we," "us," or "our") governing your access to and use of the Yerba website, applications, chat pages, dashboards, and related services (together, the "Service").

By creating an account, starting a free trial, clicking to accept, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference and available at the Service. Together, these Terms and the Privacy Policy describe how the Service works and how we collect and use information. If you do not agree to both, do not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS (see the "Dispute resolution; arbitration; class-action waiver" section), a strong limitation of our liability, and an allocation to you of all risk arising from third-party platforms and payment processors. You may opt out of arbitration as described in that section.

If you use the Service on behalf of a creator, business, or other person, you represent that you are authorized to accept these Terms on their behalf, and "you" includes both you and that party.

The Service is strictly for adults. You must be at least 18 years old, and the legal age of majority where you live, to create an account or use the Service. By using the Service, you represent and warrant that you meet this requirement.

Any page you create through the Service is intended for an audience that is 18 or older. You also represent that you are the creator the page is for, or that you are duly authorized to act for and represent that creator. If any of this is not, or ceases to be, true, you must stop using the Service immediately.

We require, and you agree to provide, accurate information establishing that you are 18 or older, and you authorize us to verify your age, identity, and authority and to use trusted providers to do so. We may condition, suspend, or terminate access where we cannot reasonably confirm that you are an eligible adult, and we may decline or end access at any time on this basis. Knowingly providing false age or identity information is a material breach of these Terms.

Yerba has zero tolerance for any content or conduct that sexualizes, exploits, or endangers a minor. We do not permit, and you may not use the Service in connection with, any material involving a person under 18. We may report suspected child sexual abuse material and related conduct to the National Center for Missing and Exploited Children and to law enforcement, and may preserve and disclose related information, as required or permitted by law.

To use most features you must register for an account and provide accurate, current, and complete information. You agree to keep that information up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not you authorized it. Keep your password confidential, do not share access, and notify us promptly at support@yerba.chat if you suspect any unauthorized use of or access to your account.

You are responsible for the persona you write, the links and platforms you connect, and the configuration of your page. You may close your account at any time from your dashboard. We may decline registration or limit accounts where reasonably necessary to operate the Service or comply with law.

Handles are made available for your use, not sold to you, and you do not acquire ownership of a handle. We may reclaim or reassign a handle only on defined grounds: extended inactivity of the account; impersonation or a credible claim that the handle infringes another party's trademark, name, or other rights; a court order, legal requirement, or government request; your material breach of these Terms; or a genuine error in the original assignment. Except where a legal requirement, security need, or ongoing harm makes prior notice impracticable, we will give you reasonable notice and, where appropriate, an opportunity to respond before reclaiming a handle you are actively using.

The Service gives you a chat page that converses in your voice and surfaces your own links inside the conversation, with the goal of guiding interested fans toward the subscription, content, or other destinations you choose to connect. The conversational experience is generated with the assistance of third-party service providers, including providers of artificial-intelligence models and hosting and infrastructure.

Conversational inputs, including the persona you configure and the messages exchanged on your page, are processed by one or more third-party model providers in order to generate responses. That processing is also subject to the applicable provider's terms, which may govern how inputs and outputs are handled, and you acknowledge and agree to that processing as part of using the Service.

AI-generated responses may be imperfect, unexpected, or inaccurate, and you remain responsible for the persona you configure and the impression it creates. You are solely responsible for ensuring that your page, persona, and connected links comply with all applicable laws and with the rules of every third-party platform you link to or rely on.

We may add, change, suspend, or remove features of the Service at any time, and we may set, modify, or enforce reasonable technical and operational limits, in each case in our reasonable discretion.

Keep your use of the Service legal, and keep the public-facing page non-explicit. The Service is built for adult creators, but it is designed to remain suggestive rather than graphic on the public page; your private and paid destinations live behind the links you connect, not in the page's published content.

You agree not to use the Service to: involve anyone under 18 in any way, or host, reference, or distribute any content involving a minor; engage in anything illegal or anything that infringes or violates another person's rights, including intellectual property, privacy, or publicity rights; impersonate a creator you are not authorized to represent; connect to or promote content in a way that breaks the rules of a third-party platform; harass, threaten, defraud, or expose the private information of any person; upload malware, scrape or probe the Service, circumvent its limits or protections, or interfere with its normal operation; or generate, inflate, or manipulate clicks, traffic, or usage metrics by artificial means.

We may investigate suspected violations and take any action we consider appropriate, including removing content, disabling pages, and suspending or terminating accounts, as described in the Termination section.

The Service is offered on a single flat plan with no usage metering: one price covers your account each month regardless of how much traffic your page receives. The current price is $14.99 per month. Pricing is subject to change. This is an introductory rate. We may change our pricing, including the introductory rate, for new subscribers at any time on a prospective basis. If we increase the standard price after you have subscribed, we will give you advance notice, and we intend to keep then-current paying subscribers on the price they signed up at for as long as their subscription remains continuously active; any such price-lock is the commitment stated in this paragraph and applies prospectively only. No change applies retroactively to a period already paid.

New accounts begin with a 7-day free trial. You provide a payment method to start the trial. You are not charged during the trial, and unless you cancel before it ends, your paid subscription begins automatically at the end of the 7-day trial and your payment method is charged the then-current flat price, then on the same monthly schedule until you cancel. You may cancel at any time before the trial ends, easily and online from your dashboard, to avoid any charge. We disclose the trial length, the price, the date the first charge will occur, and how to cancel clearly and conspicuously before you start the trial.

Prices are stated in U.S. dollars and exclusive of taxes, which you are responsible for where applicable. Payments are processed by third-party payment processors, and your use of those services may be subject to their terms. Except where required by law, payments are non-refundable. We never take a percentage or cut of the revenue you earn through your own connected platforms.

Your paid subscription is a recurring subscription. After your paid subscription begins, it automatically renews for successive periods of the same length (monthly for the monthly plan, or annually for the annual plan) and your payment method is charged the then-current flat price at the start of each renewal period, until you cancel. By adding a payment method and starting a paid subscription, you provide affirmative consent to this automatic renewal and to recurring charges on the schedule and at the price clearly disclosed to you before purchase and in your dashboard.

We will provide the renewal-term, price, and cancellation information required by applicable automatic-renewal laws clearly and conspicuously before you subscribe and, where required, send you an acknowledgment and any advance renewal reminders. If we make a material change to your subscription before a renewal, we will notify you in advance as required by law.

You may cancel at any time, easily and online, from your dashboard, without contacting us by any other means. Cancellation stops future renewals and takes effect at the end of your current paid period; your page stays live through the period you have already paid for. Cancellation does not entitle you to a refund of amounts already paid, except where required by law. Residents of jurisdictions with specific automatic-renewal or trial-cancellation protections retain all rights those laws provide.

Yerba is an independent tool. It is not affiliated with, endorsed by, or controlled by the social platforms, subscription and content platforms, or payment processors that you connect, link to, or depend on. Your relationship with each of those third parties is governed solely by your agreement with them, and they make their own independent decisions about your accounts.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YERBA IS NOT RESPONSIBLE OR LIABLE IN ANY WAY, AND SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY KIND, FOR ANY INDEPENDENT DECISION OR ACTION TAKEN BY ANY THIRD-PARTY PLATFORM OR PAYMENT PROCESSOR WITH RESPECT TO YOUR ACCOUNTS, CONTENT, EARNINGS, OR FUNDS, INCLUDING WITHOUT LIMITATION ANY BANNING, SHADOWBANNING, FLAGGING, RESTRICTING, THROTTLING, RATE-LIMITING, DEMONETIZING, SUSPENDING, DEPLATFORMING, FREEZING, HOLDING, REVERSING, WITHHOLDING, OR TERMINATING OF ANY ACCOUNT, PAGE, PROFILE, BALANCE, PAYOUT, OR PAYMENT, WHETHER BY A SOCIAL PLATFORM, A SUBSCRIPTION OR CONTENT PLATFORM, A PAYMENT PROCESSOR, OR ANY OTHER THIRD PARTY. THIS ALLOCATION OF RISK APPLIES REGARDLESS OF WHETHER THE THIRD PARTY'S ACTION RELATES TO YOUR USE OF THE SERVICE, AND IT REFLECTS THAT SUCH ACTIONS ARE THE THIRD PARTY'S OWN INDEPENDENT DECISIONS, MADE UNDER ITS OWN RULES AND OUTSIDE YERBA'S CONTROL. NOTHING IN THIS SECTION PURPORTS TO DISCLAIM LIABILITY FOR YERBA'S OWN FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR FOR ANY LIABILITY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

You acknowledge and agree that the core function of the Service, namely sharing your off-platform links and guiding fans toward your own subscription and content destinations, may itself violate the rules, terms, or policies of one or more platforms or payment processors you use, that platforms and processors vary and change their rules, that Yerba does not advise or represent that any particular use is permitted or endorsed by any third party, and that you alone decide whether and how to use the Service in connection with any given platform. You assume all risk arising from that decision and from your relationships with third-party platforms and payment processors, and you are solely responsible for understanding and complying with each such party's rules, including any rules concerning external links, off-platform funneling, automation, or adult content.

To the fullest extent permitted by law, you release Yerba and its owners, officers, employees, agents, and service providers from, and waive, any and all claims, demands, damages, and liabilities, of every kind and nature, known and unknown, arising out of or relating to any third party's treatment of your accounts, content, earnings, or funds. You understand that this release covers claims you do not know or suspect to exist at the time of the release, and you knowingly and voluntarily waive any law that would otherwise limit a general release to known claims. Without limitation, you expressly waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party," and you waive the protections of any comparable law of any other jurisdiction. This release does not apply to liability that cannot be released under applicable law, or to Yerba's own fraud, gross negligence, or willful misconduct.

Protecting the integrity of your links and traffic matters to us. We apply extensive, good-faith, industry-standard security and anti-bot measures intended to detect and deflect automated traffic and to filter non-genuine clicks, and we design the Service to reduce the exposure of your connected links in the static, machine-readable output of your public page.

These measures are diligence and effort, not a promise of any particular result. We make no representation, warranty, or guarantee of any kind that any security or anti-bot measure will be effective, uninterrupted, error-free, or successful against any particular scraper, bot, crawler, actor, or technique, that your links will be kept out of machine-readable output in every circumstance, or that your links, traffic, reach, ranking, conversions, or revenue will be protected, preserved, or achieved at any level.

The Service is provided "as is" and "as available." You acknowledge that no security or anti-bot system is perfect, that determined actors may circumvent protections, and that outcomes depend on many factors outside our control, including the conduct of third parties and the policies of the platforms you use.

When you use the Service, we and the third-party service providers that help us run it collect and process information necessary to operate, secure, measure, and improve the Service. This includes account information you provide, the persona and links you configure, and usage and traffic information such as visits, clicks, interactions, conversation metadata, device and network signals, and the analytics derived from them. Our collection and use of personal information, including the categories we collect, how long we keep it, how we delete it when you close your account, and the privacy rights available to you, are described in our Privacy Policy, which is incorporated into these Terms by reference and governs in the event of any conflict with this section.

We process this information as a first party to run your page, count and itemize your usage, detect bots and fraud, provide analytics in your dashboard, secure the Service, and comply with law. We may engage trusted third-party service providers to host and process data on our behalf, under contractual obligations of confidentiality and security and only to provide their services to us.

We may create, use, and retain aggregated and de-identified information derived from use of the Service, including statistics, benchmarks, trends, and insights. Information is treated as de-identified only where we have taken reasonable measures to ensure it cannot reasonably be linked, directly or indirectly, to you, any creator, or any individual; we commit not to attempt to re-identify such information, we maintain it as de-identified, and we contractually require any recipient to do the same. Subject to applicable law, to our Privacy Policy, and to any consent mechanism that applies, we may use such aggregated or de-identified information for lawful business purposes and, where permitted, make it available to third parties, including as part of present or future products, services, or research. Where applicable law or our Privacy Policy requires your consent for a particular use or sharing, we will obtain it, and you may exercise the privacy choices described in our Privacy Policy. We do not use your private content to train AI models for purposes unrelated to operating the Service for you.

As between you and Yerba, you retain all rights in the content, persona, links, and materials you provide ("Your Content"). You grant Yerba a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, adapt, and otherwise use Your Content solely as needed to operate, provide, secure, and improve the Service for you, including operating the agent that chats in your voice, for as long as your page is live. This license ends when you delete the relevant content or close your account, except for residual copies retained in routine backups or as required by law.

You represent and warrant that you own or have all rights necessary to provide Your Content and to grant this license, and that Your Content does not infringe or violate any third party's rights.

The Service itself, including its software, design, interfaces, the prompts and configurations we create, branding, and the "Yerba" name and logos, is owned by Yerba or its licensors and is protected by intellectual property laws. The Service relies on artificial-intelligence models and other technology provided by third parties, which remain owned by those providers; we claim no ownership of them. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as expressly permitted.

The Service lets you connect to, and surfaces, links and services operated by third parties, and it relies on third-party service providers to function. We do not control, endorse, or assume responsibility for any third-party site, platform, service, content, or policy.

Your access to and use of any third-party site or service is at your own risk and is governed by that third party's terms and policies, not ours. We are not responsible for the availability, accuracy, legality, or practices of any third party, or for any loss or damage arising from your dealings with them, or for any interruption, outage, error, or failure of any third-party provider whose technology supports the Service.

You are responsible for reviewing and complying with the terms of every third party you link to, connect, or rely on through the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT ANY DEFECT WILL BE CORRECTED, OR THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR REACH, RANKING, TRAFFIC, CONVERSION, PROTECTION, OR REVENUE. ANY AI-GENERATED OUTPUT IS PROVIDED WITHOUT WARRANTY AND MAY BE INACCURATE OR UNEXPECTED.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, in which case they apply to the maximum extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, YERBA AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, EARNINGS, REACH, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE THIRD-PARTY PLATFORMS SECTION ABOVE, YERBA WILL HAVE NO LIABILITY WHATSOEVER FOR ANY BANNING, SHADOWBANNING, RESTRICTION, THROTTLING, SUSPENSION, DEPLATFORMING, FREEZING, OR TERMINATION OF YOUR ACCOUNTS, CONTENT, EARNINGS, OR FUNDS BY ANY SOCIAL PLATFORM, SUBSCRIPTION OR CONTENT PLATFORM, PAYMENT PROCESSOR, OR OTHER THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YERBA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The exclusions and cap in this section do not apply to liability that cannot be limited or excluded under applicable law, including, where applicable, liability for a party's fraud, gross negligence, or willful misconduct, or to your indemnification obligations under these Terms. The service providers and other parties named in this section are intended third-party beneficiaries of the disclaimers and limitations in these Terms and may rely on them directly.

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to defend, indemnify, and hold harmless Yerba and its owners, officers, employees, agents, and service providers (the "Indemnified Parties") from and against any and all third-party claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: Your Content or persona; your use of or activity on the Service; your violation of these Terms or of any applicable law; your violation of the rules or terms of any third-party platform or payment processor; or your infringement or violation of any third party's rights. This obligation applies to claims brought by third parties and does not extend to claims arising from an Indemnified Party's own fraud, gross negligence, or willful misconduct.

We will use reasonable efforts to notify you promptly of any claim for which we seek indemnification, though a failure or delay in notice reduces your obligations only to the extent you are actually prejudiced by it. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with that defense. You will not settle any matter that imposes any obligation on, or admits any fault by, any Indemnified Party without our prior written consent.

You may stop using the Service and close your account at any time from your dashboard. Cancellation stops future renewals; it does not entitle you to a refund of amounts already paid, except where required by law.

We may suspend, restrict, or terminate your access to all or part of the Service, with or without notice, where we reasonably believe you have violated these Terms, where it is necessary to protect the Service, other users, or third parties, or where required by law. We generally aim to match our response to the seriousness of the issue, which may include a warning and a chance to fix it, removing content or taking a page down, suspending the account, or permanently terminating it; serious or illegal violations may result in immediate termination without prior notice.

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination, including those on eligibility and child safety, the third-party-platform allocation of risk and release (including the unknown-claims waiver), data and analytics, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution and arbitration, governing law, and the general provisions, will survive.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND YERBA TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF, UNLESS YOU OPT OUT AS DESCRIBED BELOW.

Informal resolution first. Before starting an arbitration or other formal proceeding, you agree to contact us at support@yerba.chat and to work with us in good faith for at least 30 days to resolve the dispute. Many issues can be resolved this way.

Agreement to arbitrate. Except for the matters carved out below, you and Yerba agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by a nationally recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitrator decides all issues, except that a court may decide the validity and scope of the class-action waiver. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND YERBA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this section remains in effect.

Exceptions. This section does not require arbitration of: (a) qualifying claims in small-claims court; or (b) requests for injunctive or other equitable relief to address misuse of the Service, infringement of intellectual property, or unauthorized access. Nothing here waives any non-waivable statutory right.

Your right to opt out. You may opt out of this arbitration agreement (including the class-action waiver) by emailing support@yerba.chat with your account information and a clear statement that you opt out, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of [GOVERNING_STATE], without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act and the federal laws of the United States. This choice of law does not deprive you of any mandatory consumer protections of the place where you live that cannot be waived by agreement.

For any dispute not subject to arbitration, or if the arbitration agreement is found not to apply, the state and federal courts located in [GOVERNING_STATE] will have exclusive jurisdiction and venue, and you consent to that jurisdiction and venue, except that this does not override an exclusive venue that a mandatory consumer-protection law of your home jurisdiction requires.

We may update these Terms from time to time as the Service evolves. When we make a material change, we will take reasonable steps to let you know, such as by posting the updated Terms with a new effective date or notifying you through the Service.

Changes take effect when posted unless we state otherwise, and they apply prospectively. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree to a change, you must stop using the Service and may close your account.

Entire agreement. These Terms and the documents incorporated by reference, including the Privacy Policy, are the entire agreement between you and Yerba about the Service and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The class-action waiver in the arbitration section is governed by the specific severability rule stated there.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, outages or failures of third-party providers or networks, labor disputes, governmental action, or war or civil unrest.

No waiver. Our failure to enforce any provision is not a waiver of it, and any waiver must be in writing to be effective.

Notices. We may give you notices through the Service, by email to the address on your account, or by posting on the Service. You may send notices to us at the contact addresses below.

Questions about these Terms, reports of conduct that may violate them, billing or usage disputes, and opt-out or informal-resolution notices can be sent to support@yerba.chat. For general inquiries, you can reach us at hello@yerba.chat.

If someone is in immediate danger, contact your local emergency services first.