Younify Terms of Use

These Terms of Use ("Terms") govern your use of Younify Connect and the my.younify.tv portal, and your access to www.younify.tv and its content (collectively, the "Service"). The Service is provided by MediaMall Technologies, Inc., d/b/a Younify ("Younify," "we," "our," or "us"), a Delaware corporation headquartered in Washington State.

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

1. About the Service

Younify Connect is a service that lets you link your streaming media accounts (such as Netflix, Hulu, Disney+, and Prime Video) to apps and websites built by Younify's business partners ("Partners"). Younify Connect is typically embedded in a Partner's app or website. You can also manage your relationship with Younify directly at the my.younify.tv portal.

Our handling of information collected through the Service is described in the Younify Privacy Policy. These Terms and the Privacy Policy together form your agreement with Younify. In the event of a conflict between these Terms and the Privacy Policy on matters of data handling, the Privacy Policy controls.

The Partner whose app or website you are using has its own terms and privacy policy, which govern your overall relationship with that Partner. Those documents are separate from these Terms and from the Younify Privacy Policy.

2. Eligibility

You must be at least 18 years old to agree to these Terms and to use the Service. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use of the Service. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13, as further described in the Privacy Policy.

By using the Service, you represent that you meet these eligibility requirements and that any information you provide to us is accurate.

3. License to Use the Service

Subject to your compliance with these Terms, Younify grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial purposes. This license includes the right to use any Younify Connect functionality embedded in a Partner's app or website you are authorized to use, and the right to use the my.younify.tv portal to manage your Younify Connect user profile.

All rights not expressly granted to you in these Terms are reserved by Younify and its licensors. The Service, including all software, technology, designs, trademarks, and content provided by Younify, is owned by Younify or its licensors and is protected by copyright, trademark, and other intellectual property laws.

4. Your Younify Connect User Profile

When you use Younify Connect through a Partner, Younify creates a user profile associated with that Partner relationship, as described in the Privacy Policy. You can access your user profile at my.younify.tv after verifying your identity.

You are responsible for maintaining the security of any credentials, verification codes, or other authentication information used to access your user profile, and for any activity that occurs through your user profile. Notify us at support@younify.tv promptly if you suspect unauthorized access to your user profile.

Younify is not responsible for any loss or harm resulting from your failure to safeguard your authentication information, or from your sharing of access to your user profile with another person.

5. Acceptable Use

You agree not to use the Service to:

• Violate any law, regulation, or court order, or infringe any third party's rights.
• Access, attempt to access, or interfere with another user's profile or data.
• Provide false information in any identity verification, account-management, or support process, or impersonate another person.
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any Younify software, except to the extent applicable law expressly permits despite this restriction.
• Interfere with, disrupt, or attempt to disrupt the operation of the Service or the servers or networks that host it.
• Use the Service in a manner that violates the terms of service of any streaming service you link through Younify Connect, including but not limited to terms restricting account sharing, multi-household use, or commercial use.
• Use the Service to harass, abuse, or threaten any person, including Younify personnel.
• Attempt to circumvent any technical or contractual restrictions in the Service, including those relating to per-user-profile rights and per-Partner data scoping.

We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms or applicable law, or if your use of the Service poses a risk to Younify, our Partners, other users, or the public. Where reasonably practicable, we will give you notice before terminating access, but we may act without notice in cases involving security, legal compliance, or material harm.

6. Streaming Service Linking

The Service allows you to link your accounts with third-party streaming services. By using the Service to link a streaming service, you represent that:

• You are the authorized user of the streaming service account being linked.
• You have the right to grant Younify access to that account on your behalf as described in the Privacy Policy and the VPPA consent form presented at the time of linking.
• Your use of the streaming service through Younify Connect complies with the streaming service's own terms.

Younify is not affiliated with, sponsored by, or endorsed by the streaming services it integrates with. The names, logos, and trademarks of those streaming services are the property of their respective owners. The streaming services may change their access policies, terminate connections, or modify their offerings at any time, and Younify is not responsible for those changes.

7. Modifications to the Service

Younify may modify, suspend, or discontinue the Service, or any feature of the Service, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Service. We will use reasonable efforts to notify you of material changes that affect your use of the Service, consistent with our notification practices described in the Privacy Policy. Continued use of the Service following any modification constitutes acceptance of the modified Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUNIFY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Younify does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components; that the Service will meet your requirements; that any data accessed through the Service will be accurate, complete, or reliable; or that defects in the Service will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent those laws apply to you, some or all of the above disclaimers may not apply to you, and you may have additional rights.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUNIFY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF YOUNIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUNIFY'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO YOUNIFY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this section do not apply to liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or, in some jurisdictions, death or personal injury caused by negligence.

10. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

10.1 Informal resolution

Before initiating arbitration or any other formal dispute resolution process, you and Younify agree to attempt to resolve any dispute informally. To start this process, send a written notice describing the dispute to legal@younify.tv or to MediaMall Technologies, Inc. at the email address in the "Contact Us" section below. The notice must include your name, contact information, a description of the dispute, and the relief you are seeking. You and Younify will then attempt in good faith to resolve the dispute within 60 days. If the dispute is not resolved within 60 days, either party may initiate arbitration as described below.

10.2 Agreement to arbitrate

Except for the matters described in Section 10.6, you and Younify agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the Service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be conducted by a single arbitrator. If your claim is for $25,000 or less, the arbitration may be conducted by telephone or videoconference, on the basis of written submissions, or in person, at your election. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules.

The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.3 Class action waiver

You and Younify each agree that any Dispute will be brought only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate or join the claims of more than one person or party, and may not preside over any form of class, collective, consolidated, or representative proceeding.

If a court or arbitrator determines that this class action waiver is unenforceable with respect to any Dispute or any part of a Dispute, then that Dispute or part will be severed from the arbitration and resolved in court in accordance with Section 10.8, and the rest of this arbitration agreement will remain in effect.

10.4 Mass action procedure

If 25 or more individuals bring or threaten substantially similar arbitration claims against Younify within a 60-day period, and are represented by the same or coordinated counsel, the parties agree that the AAA's Mass Arbitration Supplementary Rules will apply to those claims.

10.5 30-day opt-out

You have the right to opt out of this arbitration agreement. To opt out, send written notice of your decision to legal@younify.tv or to the email address in the "Contact Us" section below within 30 days of first accepting these Terms. The notice must include your name, the email address or other identifier associated with your Younify Connect user profile, and a clear statement that you wish to opt out of the arbitration agreement.

If you opt out, the rest of these Terms (including the class action waiver in Section 10.3) will continue to apply, but you and Younify will resolve Disputes in court rather than in arbitration, subject to Sections 10.7 and 10.8.

10.6 Carve-outs

The agreement to arbitrate in Section 10.2 does not apply to:

• Claims brought by either party in small-claims court, as long as the claim remains in that court and is brought on an individual basis.
• Claims for injunctive or equitable relief to prevent or stop the unauthorized use or misuse of intellectual property, or for breach of confidentiality obligations.
• Claims for public injunctive relief brought under California law to the extent required by McGill v. Citibank, N.A.

10.7 Governing law

These Terms and any Dispute arising out of or relating to them are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 10.

10.8 Venue for non-arbitrable disputes

For any Dispute that is not subject to arbitration under these Terms (because it falls within a carve-out, because you have opted out of arbitration, or because a court has determined that arbitration does not apply), the parties agree that the exclusive venue is the state or federal courts located in King County, Washington, and the parties consent to the personal jurisdiction of those courts. Either party may bring a small-claims action in the small-claims court of its own residence or place of business, regardless of this paragraph.

11. Indemnification

You agree to defend, indemnify, and hold harmless Younify and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your violation of these Terms; (b) your violation of any applicable law or any rights of any third party; or (c) your willful misconduct.

Younify reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with Younify in asserting any available defenses. You will not settle any matter without Younify's prior written consent.

12. Termination

You may stop using the Service at any time, including by unlinking your streaming services, revoking your VPPA consent, and/or requesting deletion of your data through my.younify.tv as described in the Privacy Policy.

Younify may suspend or terminate your access to the Service as described in Section 5 (Acceptable Use).  Section 8 (Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 10 (Dispute Resolution), Section 11 (Indemnification), and Section 13 (General) survive any termination of these Terms.

13. General

Changes to these Terms. Younify may revise these Terms from time to time. When we do, we will update the "Last modified" date above. If we make material changes, we will provide more prominent notice through one or more of the following means: a prominent posting at www.younify.tv/tou, a posting at my.younify.tv, a request to the relevant Partner that they surface the notice within their app or website, and, on a best-effort basis, email notification to one or more of the email addresses associated with the streaming services you have linked. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the revisions.

Entire agreement. These Terms, together with the Privacy Policy and any VPPA consent you have given, constitute the entire agreement between you and Younify regarding the Service, and supersede any prior agreements between you and Younify regarding the Service.

No waiver. Younify's failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed.

Assignment. You may not assign or transfer your rights or obligations under these Terms without Younify's prior written consent. Younify may assign or transfer its rights and obligations under these Terms without restriction.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that Younify's affiliates, officers, directors, employees, agents, and licensors are intended third-party beneficiaries of the disclaimers, limitations, indemnification, and arbitration provisions.

Force majeure. Younify is not liable for any failure to perform under these Terms due to causes beyond its reasonable control, including natural disasters, acts of war or terrorism, government action, labor disputes, power or network failures, or pandemic.

Headings. Section headings are for convenience only and do not affect interpretation.

Contact Us

For questions about these Terms, contact us at:

MediaMall Technologies, Inc.
Email (general): support@younify.tv
Email (legal notices and arbitration opt-outs): legal@younify.tv
Web: my.younify.tv