Yachty, Inc. Terms of Use

Last modified: 2025-04-26

1. Content.

Parts of the Yachty Platform may enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Yachty a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Yachty Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Yachty (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not be discriminatory, obscene, harassing, deceptive, violent, and illegal content.

2. Fees.

Yachty may charge fees (and applicable Taxes) for the right to use the Yachty Platform. Except as otherwise provided on the Yachty Platform, service fees are non-refundable. Yachty reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

3. Yachty Platform Rules.

3.1 Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

3.2 Reporting Violations.

If you believe that a another Member orContent poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Yachty. In addition, if you believe that a Member or Content has violated our rules under 3.1, you should report your concerns to Yachty. If you reported an issue to local authorities, Yachty may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

If you believe that Content on the Yachty Platform infringes copyrights, please notify us.

4. Termination, Suspension and other Measures.

4.1 Term.

The agreement between you and Yachty reflected by these Terms is effective when you access the Yachty Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

4.2 Termination.

You may terminate this agreement at any time by sending us an email or by deleting your account. Yachty may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Yachty may also terminate this agreement immediately and without notice and stop providing access to the Yachty Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Yachty, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

4.3 Member Violations.

If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Yachty believes it is reasonably necessary to protect Yachty, its Members, or third parties; Yachty (or its affiliates) may, with or without prior notice:

For minor violations or where otherwise appropriate as Yachty (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by Yachty and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting us.

4.4 Legal Mandates.

Yachty may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 4.3.

4.5 Effect of Termination.

When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Yachty Platform has been limited, or your Yachty account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Yachty Platform through an account of another Member.

4.6 Survival.

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.

5. Modification.

Yachty may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Yachty Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Yachty Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Yachty Platform will constitute acceptance of the revised Terms.

6. Yachty’s Role.

The goal of Yachty is to offer a modern cruising guide supplemented with valuable Member input. While we work hard to ensure our Members have great experiences using Yachty, we do not and cannot control the conduct of Members. You acknowledge that Yachty (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Yachty Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Yachty Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members agree to cooperate with and assist Yachty (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Yachty Platform.

7. Member Accounts.

You must register an account to access and use many features of the Yachty Platform. Registration is only permitted for natural persons over the age of 18, legal entities, and legal partnerships. You represent and warrant that you are not a person or entity barred from using the Yachty Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Yachty if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity, and (iii) screen you against third-party databases or other sources and request reports from service providers.

8. Disclaimer of Warranties.

The Yachty Platform and all Content are provided “as is” without warranty of any kind and Yachty (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Member, anchorage, marina, amenity, attraction, or any other third party; (ii) we do not warrant the performance or non-interruption of the Yachty Platform; and (iii) we do not warrant that verification, identity or other checks conducted on any location or Members (if any) will identify any hazard or potential for harm. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member and/or Yachty (or its affiliates) has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Yachty (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

9. Limitations on Liability.

Neither Yachty (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Yachty Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Yachty Platform or any Content, or (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Yachty Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Yachty has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will Yachty’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Yachty Platform, any Content, or any Host Service, exceed one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Yachty. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

10. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Yachty’s option), indemnify, and hold Yachty (and its relevant affiliates) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Yachty Platform, (iii) your interaction with any Member or third party, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

11. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

12. Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND YACHTY AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

12.1 Application.

If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Yachty in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 12 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

12.2 Overview of Dispute Resolution Process.

Yachty is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 12 applies: (1) an informal negotiation directly with Yachty’s customer service team (described in paragraph 12.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement.

22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.

At least 45 days prior to initiating an arbitration, you and Yachty each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Yachty at the email for contacting us provided in these terms. Yachty will send its Pre-Dispute Notice to the email address associated with your Yachty account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Yachty username, the email address you used to set up your Yachty account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 45-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 12.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

12.4 Agreement to Arbitrate.

You and Yachty mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Yachty Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Yachty agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Yachty agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 12, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

12.5 Exceptions to Arbitration Agreement.

You and Yachty each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Yachty agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act.

12.6 Arbitration Forum Rules and Governing Law.

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Yachty shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Yachty may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

12.7 Modification of Arbitration Rules - Arbitration Hearing/Location.

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

12.8 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

12.9 Arbitrator’s Decision.

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

12.10 Jury Trial Waiver.

You and Yachty acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

12.11 No Class Actions or Representative Proceedings.

You and Yachty acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

12.12 Mass Action Waiver.

You and Yachty acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Yachty agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 11 and 12.11 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Yachty from participating in a mass settlement of claims.

12.13 Modification of Arbitration Rules – Mass Action Batching Requirements.

If for any reason, notwithstanding Section 12.12, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 11 and 12.11 of these Terms.

12.14 Modifications of Arbitration Rules - Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, you or Yachty may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

12.15 Severability.

Except as provided in Section 12.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

12.16 Amendment to Agreement to Arbitrate.

If Yachty amends this Section 12 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Yachty username, the email address you used to set up your Yachty account, your signature, and an unequivocal statement that you want to opt out of the amended Section 12. You must email your notice to the email address provided in these terms for contacting Yachty. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Yachty (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Yachty.

12.17 Survival.

This Section 12 will survive any termination of these Terms and will continue to apply even if you stop using the Yachty Platform or terminate your Yachty account, unless determined otherwise by an authority having jurisdiction to make such decisions to the contrary rules otherwise.

13. Miscellaneous.

13.2 Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Yachty and you pertaining to your access to or use of the Yachty Platform and supersede any and all prior oral or written understandings or agreements between Yachty and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Yachty. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 12.10 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

13.3 No Waiver.

Yachty’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

13.4 Assignment.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Yachty's prior written consent. Yachty may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

13.5 Notice.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Yachty via email, Yachty Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

13.6 Third-Party Services.

The Yachty Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Yachty is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

13.8 Apple Terms.

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

13.9 Platform Content.

Content made available through the Yachty Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Yachty and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Yachty Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Yachty grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Yachty Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Yachty Platform and accessible to you, solely for your personal and non-commercial use.

13.11 Force Majeure.

Yachty shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

13.12 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your Yachty account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Yachty account. In the U.S. if you consent to receive SMS (text messages) from us, you give us permission to text you, and you understand that normal telephone rates and charges will apply.

13.13 Contact Us.

If you have any questions about these Terms please message us via the intake form located at https://www.yachty.com/.