Last revised: July 23, 2025
YEKOLA INC. (“YEKOLA”, “we”, “our” or “us”) offers a software solution that allows users to teach, learn, and preserve certain African and Indigenous languages, through its website at https://yekola.app/# and mobile applications (the “YEKOLA Platform”). You might access the YEKOLA Platform through a web browser (“Platform Web Portal”) or through mobile applications (each, a “Platform App”). The YEKOLA Platform, the Platform Web Portal, and the Platform Apps are collectively the “Services”.
These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) you first sign up for an account, download a Platform App, use the Platform Web Portal, or otherwise use the YEKOLA Platform or the Services. You acknowledge the YEKOLA Privacy Statement (the “Privacy Statement”) located at https://yekola.app/privacy, as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.
You must register for a YEKOLA account to use the Services, which requires a username, an email address, and a profile picture. You are responsible for maintaining the confidentiality of your username and password, YEKOLA may also allow you to register using Third-Party Services (as defined in Section 15) such as your Meta or Apple Account. YEKOLA recommends that you use a strong password, that you change it frequently, and that you do not reuse passwords. You agree not to disclose your username or password to any third party. YEKOLA may reject, or require that you change, your username or password. You represent and warrant to YEKOLA that you have not misrepresented any information that you have provided to YEKOLA in connection with your account. You are solely responsible for all activities that occur under your account. You shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with use of the YEKOLA Platform and the Service, including those related to data privacy, international communications and the transmission of technical or personal information. If you become aware of any unauthorized use of your account, you must notify YEKOLA immediately. It is your responsibility to update or change your account information, as appropriate.
For a summary of how YEKOLA collects, uses and discloses personal information, please see YEKOLA’s Privacy Statement.
YEKOLA grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Platform Apps and the Platform Web Portal to access and use the end user functionality of the YEKOLA Platform, the Services, and the content that YEKOLA makes available to you on the YEKOLA Platform, including marketing materials, text, audio, video, photographs, maps, illustrations, graphics, the Marks (as hereinafter defined) and other media (“Content”), in each case subject to and conditional on your continued compliance with the terms and conditions of these Terms. All Content available through the YEKOLA Platform is owned by YEKOLA and YEKOLA’s third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. These Terms permit you to use the YEKOLA Services for your personal use only, and not for any commercial purpose other than for transactions enabled by the functionality of the YEKOLA Platform. For greater certainty, YEKOLA, in its sole discretion, may terminate or suspend your license to use the YEKOLA Platform and/or some or all of the Services or Content at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If YEKOLA terminates or suspends your license to use the some or all of the Services or Content, these Terms will nevertheless continue to apply in respect of your use of the Services and Content prior to such termination or suspension.
In respect of the output generated from the Services that leverage AI in response to Your Content (as defined below) (the “Output”), you shall not represent that any Output was human-generated when it was not.
Yekola holds all right, title, and interest, if any, in and to Output. Yekola grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use the Output, and in compliance with these Terms and all applicable laws. Use of Output beyond the scope of authorized access and use granted to you by these Terms immediately terminates that license.
Due to the nature of our Services and AI generally, Output may not be unique and other users may receive similar Output from our Services.
AI and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate and reliable. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree:
Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case before using Output from the Services.
You must not use any Output relating to yourself or to any person for any purpose that could have a legal or material impact on you or that person, such as making medical, insurance, legal, or other important decisions about you or them.
Our Services may provide incomplete or incorrect Output that does not represent Yekola’s views.
The YEKOLA Platform enables you to provide and upload content that includes but not limited to feedback, messages, text, images, videos, graphics, geographic data, and other information or content. (collectively, "Your Content"), to the YEKOLA Platform for the purposes of making Your Content available to the public, including other users of the YEKOLA Platform. You acknowledge and agree that you are solely responsible for all Your Content you submit, provide or upload and the consequences for submitting, providing or uploading it. Your Content must comply with all laws and these Terms.
YEKOLA will use Your Content in connection with providing the Services to you and to other users of the Services. YEKOLA may make Your Content available to the public, including to other users of the YEKOLA Platform. You agree that by providing any of Your Content in whatever form and through whatever means, you grant to YEKOLA a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, royalty-free license to use, reproduce, process, display, publish, distribute, and make available to the public all or any portion of such Your Content in connection with providing the Services to you and to other users, and to incorporate Your Content in any form into the Services. This license includes the right to host, index, cache or otherwise format Your Content. In posting Your Content, you represent to YEKOLA that you have obtained at your own expense all necessary consents, rights and permissions required to grant to YEKOLA the license provided in this Section 4.2.
You represent and warrant that you own Your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to YEKOLA and YEKOLA's use of Your Content will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any third party.
You agree that YEKOLA is not responsible for any violations of any third-party intellectual property rights in any of Your Content or in any Output. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Your Content uploaded, displayed or otherwise provided by you to the YEKOLA Platform. You will only include in Your Content the personal information of another individual if you have the express permission of that individual or if you are otherwise entitled to do so at law.
Violate any applicable law including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms.
In any manner violate any third party right or any agreement between you and a third party.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in YEKOLA’s sole discretion.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Impersonate or attempt to impersonate us, our employee(s), another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing or that are not yours).
Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the YEKOLA Platform or other Services or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Remove or refuse to post any of Your Content for any or no reason in our sole discretion.
At all times, take such actions with respect to any of Your Content that YEKOLA deems necessary or appropriate in our sole discretion.
Take appropriate legal action, including, without limitation, referral to law enforcement or any other governmental authority with respect to Your Content or your use of any of the Services. Without limiting the foregoing, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the YEKOLA Platform or other Services.
YEKOLA has no obligation, nor any responsibility to any party to monitor the YEKOLA Platform or other Services, and do not and cannot undertake to review material that you or other users submit. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
You will not, and will not permit any third party to: (a) make the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content available to, or use the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or include the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content in a service bureau or outsourcing offering, (c) use the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services to publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety, or to store or transmit infringing, libelous, obscene, defamatory or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Service, (f) attempt to gain unauthorized access to the YEKOLA Platform, other Services or Content or their related systems or networks, (g) access or use any YEKOLA intellectual property except as permitted under these Terms, (h) alter, modify, reproduce, copy or make derivative works from all or any part of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content or any part, feature, function or user interface of the YEKOLA Platform, Platform Apps or Platform Web Portal (include any copyright, trademark, or any other notices that are provided on or in connection with any Content), (i) frame or mirror any part of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or otherwise incorporate any portion of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content into any product or service, (j) access or use the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services in order to build a competitive product or service or to benchmark with a non-YEKOLA product or service, (k) reverse engineer the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the YEKOLA Platform, other Services or Content that is (expressly or implicitly) not intended for use by you, (m) use any non-YEKOLA automation code in relation to the YEKOLA Platform, Services or Content (including any “bot” or “spider”), (n) collect or harvest any information from the YEKOLA Platform, other Services or Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, (p) probe, scan, or test the vulnerability of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the YEKOLA Platform or other Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the YEKOLA Platform or other Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to YEKOLA or any other person on or through the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services.
YEKOLA uses Stripe and its affiliates (collectively, “Stripe”) in processing payments and providing related payment services (the “Stripe Services”). You acknowledge your use of the Stripe Services is conditional on your acceptance of Stripe’s terms and policies provided on its website. Personal information you submitted during your use of the Stripe Service is subject to the YEKOLA’s Privacy Statement and Stripe’s privacy policies.
YEKOLA may use data about your use of the Stripe Services, and about your transactions effected through the Stripe Services for the same purposes for which YEKOLA is permitted to use other data collected by YEKOLA in connection with the Services, as provided in this Terms and the Privacy Statement.
From time to time, YEKOLA may change the service provider it uses to support the payment services, or YEKOLA may offer the option of using other service providers to support the payment services, or YEKOLA may elect to itself perform some or all of the services that were previously provided by the service provider. If YEKOLA does so, then, in order to continue to use the payment services, you may be required to agree to additional terms imposed by YEKOLA. If you do not wish to accept those terms, then you must cease using the payment services, and may result in your inability to use the Services.
You agree that you are solely responsible for the collection and/or payment of all taxes, which you may be liable for in any jurisdiction arising from your use of the Service. YEKOLA is not responsible for collecting, reporting, paying, or remitting to you any such taxes.
YEKOLA currently charges no fees for access and use of the Service, but we reserve the right to charge such fees for the Service, reserve the right to change the service fees at any time, and will provide user notice through the YEKOLA website of any fee changes before they become effective. If you continue accessing or using the Service after such notice, you must pay all applicable fees. YEKOLA reserves the right at any time to reject, cancel or terminate any transaction.
Trademarks. Certain names, graphics, logos, icons, designs, words, titles and phrases on the YEKOLA Platform, including “YEKOLA” may constitute trademarks, tradenames, trade dress and/or associated products and services of YEKOLA or its affiliates (the “Marks”), and are protected in Canada and internationally and their display on the YEKOLA Platform does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part without prior written authorization of YEKOLA or such third party is strictly prohibited. Other trademarks, trade names, trade dress and associated products and services mentioned on the YEKOLA Platform, or through the Content and Services, may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on the YEKOLA Platform does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
The following applies to any Platform App you obtain from the Apple App Store (an “Apple Platform App”): You acknowledge and agree that these Terms are solely between you and YEKOLA, and not with Apple, Inc. (“Apple”) and YEKOLA, not Apple, is solely responsible for the Apple Platform App and the content thereof. You may only use the Apple Platform App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Platform App. In the event of any failure of the Apple Platform App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Platform App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Platform App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to YEKOLA as the supplier of the Apple Platform App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Platform App or your possession and/or use of the Apple Platform App, including, but not limited to (a) product liability claims, (b) any claim that the Apple Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to YEKOLA as supplier of the Apple Platform App. You acknowledge that, in the event of any third-party claim that the Apple Platform App or your possession and use of the Apple Platform App infringes that third party’s intellectual property rights, YEKOLA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple Platform App, you may direct them to YEKOLA @yekola.app (instagram), Attention @yekola.app (Instagram), or contact us by email at info@yekola.app. You agree to comply with all applicable third-party terms of agreement when using the Apple Platform App, including your wireless data service agreement. You and YEKOLA acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The following applies to any Platform App you obtain through the Google Play Store (a “Google Platform App”): You acknowledge and agree that these Terms are solely between you and YEKOLA, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google Platform App. YEKOLA, and not Google, is solely responsible for the Google Platform App. Google has no obligation or liability to you with respect to the Google Platform App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.
You are solely responsible for any data charges and similar fees associated with your use of the YEKOLA Platform or the other Services through a mobile device.
YEKOLA and its licensors have and will retain all right, title and interest in and to the YEKOLA Platform, Platform Apps, Platform Web Portal, and other Services and Content and the software and systems used to provide them (including, without limitation, all patent, copyright, Marks, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the YEKOLA Platform, Platform Apps, Platform Web Portal, and other Services. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any Marks owned or used by YEKOLA.
The Platform Apps may contain or be provided together with free or open-source software. Notwithstanding the sections titled “License” and “Reservation of YEKOLA Rights”, each item of free or open-source software is subject to its own applicable license terms, which can be found in the applicable documentation or the applicable help, notices, about or source files as required by the terms of the applicable open-source license. Copyrights to the free and open-source software are held by the respective copyright holders indicated therein.
You grant to YEKOLA and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its Services and Content any news story ideas, facts, sources, descriptions, suggestion, enhancement request, recommendation, correction or feedback in the form of message, text, images, graphics, photos, audio, video and any other content provided by you.
YEKOLA’s Use of Non-identifiable information Any non-identifiable information gathered by us through your use of the YEKOLA Platform and the Services may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, user experience within the YEKOLA Platform and the Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
The YEKOLA Platform and other Services may allow you to access and use services provided by third parties (“Third-Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third-Party Services. You use any Third-Party Services at your own risk. YEKOLA makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third-Party Services. YEKOLA does not guarantee the continued availability of Third-Party Services, and YEKOLA may disable a Third-Party Service in YEKOLA’s sole discretion. Your dealings with the provider of any Third-Party Services are solely between you and the provider. Accordingly, YEKOLA expressly disclaims responsibility and liability for all Third-Party Services, and you agree that YEKOLA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third-Party Services. If you have any issues with a Third-Party Service, you must contact the provider of the Third-Party Service directly.
The YEKOLA Platform, Services or Content may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by YEKOLA and are maintained by third parties over which YEKOLA exercises no control. Accordingly, YEKOLA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
YEKOLA may at any time, with or without notice, without liability, and for any reason (a)Â remove any Content from the YEKOLA Platform or other Services, (b)Â remove any functionality from the YEKOLA Platform or other Services, (c)Â change any functionality on the YEKOLA Platform or other Services, (d)Â modify any Platform App or Platform Web Portal, or (e)Â deny any person access to the YEKOLA Platform or other Services. YEKOLA furthermore reserves the right to take any action related to the YEKOLA Platform, Platform Apps, Platform Web Portal, other Services or to Content that is required to comply with applicable law.
No Claim for Certain Damages.
Some Disclaimers, Exclusions or Limitations May Not Apply.
In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You will indemnify and hold YEKOLA (and YEKOLA’s directors, officers, employees, partners, suppliers and agents) harmless from all Losses arising from your use of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or your breach of any of these Terms, and from all Losses resulting from any of Your Content that is untrue, inaccurate or incomplete.
If you fail to comply with these Terms, then, without limiting any other right or remedy available to YEKOLA, YEKOLA may suspend or terminate your license to use all or any part of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content.
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or any information about any of them without the prior written consent of YEKOLA and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
The “last updated” legend above indicates when these Terms were last amended. YEKOLA may unilaterally amend all or any part of these Terms at any time by updating these Terms on the YEKOLA Platform. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect thirty (30) days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the YEKOLA Platform, Platform Apps, Platform Web Portal, and other Services and the Content within the thirty (30) days’ notice period. There will be no cost or penalty for doing so. If you continue to access or use the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content after the thirty (30) days’ period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a)Â the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or (b)Â these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and YEKOLA each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a)Â you agree that YEKOLA shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (b)Â you agree that YEKOLA shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to YEKOLA, such harm would not be quantifiable in monetary damages, and YEKOLA would not have an adequate remedy at law. You agree that YEKOLA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that YEKOLA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to YEKOLA to enforce any provision of these Terms.
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the YEKOLA Platform, Platform Apps, Platform Web Portal, or other Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor YEKOLA will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of YEKOLA granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. These Terms, together with any additional service terms presented on the YEKOLA Platform, Platforms Apps, or the Platform Web Portal (“Additional Service Terms”) represent the entire agreement between you and YEKOLA with respect to use of the YEKOLA Platform, Platform Apps, Platform Web Portal, and other Services and Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and YEKOLA with respect to any of the foregoing. Failure by YEKOLA to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by YEKOLA of that or any subsequent default or failure of performance. YEKOLA’s affiliates, YEKOLA’s directors, officers, employees, partners, suppliers, and agents are third party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “No Claim for Certain Damages” and “Indemnity”. Apple, Google, and their subsidiaries are third party beneficiaries of these Terms. There are no other third-party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of YEKOLA. YEKOLA may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and YEKOLA and your and its respective successors and permitted assigns.