Terms of Service

Company: Yellow Melon (Delaware) Inc. (“Yellow Melon,” “we,” “us,” “our”)

Service: Cocolingo (the “Service”)

Contact / Legal Notices: hello@cocolingo.ai

Mailing Address: 131 Continental Dr Suite 305, Newark, DE, 19713, USA

1) Acceptance of these Terms

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2) Eligibility

The Service is not intended for children under 13. By using the Service, you represent that you are at least 13 years old.

3) Accounts and security

• You may need an account to use the Service.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity on your account.
• You agree to provide accurate information and keep it up to date.

4) The Service; Free plan and abuse prevention

• The Service includes a free monthly plan with usage limits and paid offerings.
• To help prevent fraud/abuse and enforce free-plan limits (which may involve cost to us), we may use technical measures such as a device/browser identifier (fingerprinting).
• We may refuse service, limit access, or suspend accounts where we reasonably believe there is abuse, fraud, or circumvention of limits.

5) Subscriptions, fees, and payments (Stripe)

• Subscriptions: currently offered on a monthly basis.
• Top-ups: we may offer one-time top-up purchases.
• Payment processing: payments are processed through Stripe.
• No refunds: all payments are non-refundable, to the fullest extent permitted by law.
• Cancellation: you may cancel anytime. If you cancel, you will keep access until the end of your current billing period. You will not be charged for the next period unless you re-subscribe.
• Taxes: you are responsible for any applicable taxes where required.
• Changes: we may change pricing or plans; changes generally take effect at the next renewal (or as otherwise permitted by law and disclosed to you).

6) Acceptable use

You agree not to:

• violate any law or regulation;
• attempt to bypass or abuse usage limits (including free plan limits);
• use bots, scripts, scraping, or automated means to access or misuse the Service;
• interfere with or disrupt the Service, including probing, scanning, or testing vulnerabilities;
• reverse engineer or attempt to extract source code (except where prohibited by law);
• upload, transmit, or generate unlawful, harmful, infringing, or abusive content;
• use the Service to infringe the rights of others.

7) User content (audio and messages) and license

You may provide audio recordings and audio chat messages (“User Content”).

• You retain any ownership you have in your User Content.
• You grant Yellow Melon a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and use your User Content solely to provide, maintain, and improve the Service, including troubleshooting, safety, and enforcing usage limits.
• You represent you have the rights needed to provide your User Content.

8) Intellectual property

The Service is owned by Yellow Melon or its licensors and is protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable right to use the Service for your personal use, subject to these Terms.

9) Termination and suspension

We may suspend or terminate access if you violate these Terms, we reasonably believe there is fraud/abuse, required by law, or needed to protect the Service, users, or our rights. You may stop using the Service at any time.

10) Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11) Limitation of liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill.
• Our total liability will not exceed the fees you paid us in the last 12 months preceding the event giving rise to the claim.

12) Indemnification

You agree to indemnify and hold harmless Yellow Melon from claims arising out of your use of the Service, your User Content, or your violation of these Terms or law.

13) Governing law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-laws principles.

14) Dispute resolution — Binding arbitration; class-action waiver; 30-day opt-out (AAA)

14.1 Informal resolution first

Before starting arbitration, you agree to contact us at hello@cocolingo.ai with a written description of your issue, and we’ll attempt to resolve it informally.

14.2 Agreement to arbitrate

Except as described below, you and Yellow Melon agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA), rather than in court.

14.3 Exceptions (claims that can go to court)

• bringing an individual claim in small claims court (if eligible), or
• seeking injunctive or equitable relief in court to stop unauthorized use, abuse, or infringement relating to intellectual property or access to the Service.

14.4 Arbitration rules and location

• The arbitration will be administered by the AAA under its Consumer Arbitration Rules, as applicable.
• Unless you and Yellow Melon agree otherwise, the arbitration will take place remotely (e.g., by video/phone) or in Delaware.

14.5 Class-action waiver; individual proceedings only

You and Yellow Melon agree that disputes will be brought only in an individual capacity 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 form of class proceeding.

14.6 Waiver of jury trial

By agreeing to arbitration, you and Yellow Melon waive the right to a trial by judge or jury.

14.7 30-day opt-out

You may opt out of this arbitration agreement by sending an email to hello@cocolingo.ai within 30 days of first accepting these Terms. Your email must include: (i) your name, (ii) the email address associated with your account, and (iii) a clear statement that you want to opt out of the arbitration agreement. Opting out will not affect any other part of these Terms.

15) Changes to these Terms

We may update these Terms from time to time. Continued use after changes become effective constitutes acceptance.

16) Contact

Legal notices: hello@cocolingo.ai

Mail: 131 Continental Dr Suite 305, Newark, DE, 19713, USA