Version date: 11 December 2024

SUMMARY OF KEY TERMS

By using our services, including our digital coach “Mai”, you agree to the following terms. We may update these terms so please keep yourself informed. Please note that these terms continue while your account is active.

Our services should be used responsibly and specifically for coaching. Our services are delivered by AI and are designed to support your development. By using our platform you acknowledge you are in control of the coaching process and that the responsibility for all decision-making rests with you. These services have important limitations, including that coaching is not direct advice and is not a replacement for professional medical services or therapy; please take time to read these carefully. You need to be at least 18 years of age and have an account.

Your privacy is important to us. By using our services you consent to how we collect and use data. This includes allowing Yellow Dot to use your anonymised interactions to enhance our services while ensuring your privacy. We request that you do not disclose any identifiable personal information, sensitive information, or confidential information in your coaching conversations to protect your privacy and that of others. To offer the best coaching experience, we collaborate with third parties; please familiarise yourself with who they are and what this means for you.

DETAILS

Yellow Dot Group Ltd is a company registered in the United Kingdom with company number 15262256, whose registered office is located at 75 Chadwick Place, Surbiton, KT6 5RG, United Kingdom, trading under the name of Yellow Dot (“Yellow Dot,” “we,” or “us”). Yellow Dot offers an AI-powered, digital coaching platform (“Services”) designed to support your personal and professional development. This End-User Licence Agreement (“EULA” or “Agreement”) governs your use of our Services.

By creating an Account, agreeing to these Terms, or accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please refrain from using the Services.

We may modify the Terms and our Services at any time, at our sole discretion. We will notify you by posting changes on the platform or our website. We encourage you to review these Terms regularly. Your continued use signifies agreement to the updated Terms. If you do not agree, please discontinue your use immediately.

To access our Services, you must create your own Account. By doing so, you confirm that you are at least 18 years of age and are legally capable of entering into agreements. Each Account is intended for individual use only. You cannot create an Account for anyone else.

5.1. Permitted Use: You are granted the right to use our Services exclusively for their intended coaching purposes. Please note that our Services do not provide direct advice; they serve as a resource to help you explore various topics without making decisions on your behalf. As a user, you have the autonomy to determine your own goals and actions throughout.

5.3. Acceptable Use: You agree to use our Services in a responsible and lawful manner. Yellow Dot reserves the right to take necessary actions, including suspension or termination of access, to address any misuse of the Services.

Please review our Privacy Notice to understand how we collect and use data, including specifics on how we process and protect Voice Data. By using our Services, you consent to these practices.

7.1. You keep all rights to the content you share with us through our Services. When you share Your Content, you give Yellow Dot permission to use it in various ways to help us improve our Services. This permission is broad, meaning we can use Your Content forever, without paying you for it, and anywhere around the world. Specifically, this includes using Your Content in our Interaction Data to enhance and improve your experience and our offerings. If anything is unclear or if you have questions about this, please don’t hesitate to reach out to us for clarification.

7.3. Sharing insights to your Organisation: Where access to our Services is provided by your employer, we may share your usage of our Services with them and use your Interaction Data and feedback to provide aggregated, anonymised insights. To ensure your interactions always remain private, no personal data is disclosed.

8.1. Our Content is designed and made available to you under these Terms. Yellow Dot or its affiliates retain all rights, title, and interest in and to Our Content. This includes all intellectual property rights. You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use Our Content solely for your individual coaching purposes.

8.2. You are not granted any ownership rights in Our Content, nor are you permitted to reproduce, distribute, modify, create derivative works from, publicly display, or exploit any part of Our Content without our prior written consent. Any unauthorised use of Our Content is strictly prohibited and may result in the termination of your access to our Services.

Our platform utilises artificial intelligence (AI) to deliver your coaching experience with no direct human involvement unless otherwise indicated. Our AI models (“models”) analyse the data you provide and your interactions to generate insights and prompts intended to guide your coaching discussions. It is essential to understand that the AI does not make decisions on your behalf, that models may make mistakes, and that AI cannot replace human judgement or expertise. All interactions with our Services are designed to be supportive and are not to be used as prescriptive advice. You are encouraged to critically evaluate these interactions and apply them as aligns with your individual circumstances and objectives. Ultimately, the control over your coaching journey lies with you; the decisions you make and the actions you take are solely yours.

10.1. At Yellow Dot we are dedicated to openness regarding the operation of our AI within our Services except as relates to proprietary information or trade secrets. Our AI models engage with you via our digital coach “Mai”, who is the counterparty to your coaching interactions. Our models analyse your Interaction Data to generate personalised responses in the form of questions or insights to guide your exploration of your development topics. The formulation of these responses is based on a combination of inputs and outputs from Large Language Models (LLMs), Machine Learning models and other algorithms. Some of these models are trained with publicly available information and some are trained on relevant materials and anonymised interactions from users.

10.2. For more information about the workings of our Services and our AI models, please refer to our How We Use AI guide. We encourage you to explore this section to gain a deeper understanding of how to maximise your coaching experience. If you have any questions or require further clarification regarding the AI’s functionalities, please feel free to reach out to info@yellowdot.ai.

You have no obligation to provide feedback. By submitting feedback, you grant Yellow Dot all rights in and to the feedback for us to use, modify, and incorporate into our offerings without any restriction or compensation to you.

12.1. To protect yourself, the organisation you work for, and any individuals that you may reference when interacting with our Services, we strongly recommend not disclosing any identifiable personal information (e.g. full names), sensitive information (e.g. racial or ethnic origin) or confidential information (e.g. company data) in your coaching conversations.

12.2. At Yellow Dot we believe that your coaching conversations must be private to help you get the most out of the coaching process. When using our Services on our platform, we will never disclose individual coaching interactions with anyone, including your employer, except in specific circumstances where disclosure is legally required.

12.3. You agree to maintain the confidentiality of any non-public information about Yellow Dot, its services, or its clients or users that you may access while using our Services. You must not disclose such information to any third party without Yellow Dot’s prior written consent.

13.1. Yellow Dot may use Third-Party Services to enhance and deliver our Services. Third-Party Services refer to any external applications, software, platforms, or services provided by entities other than Yellow Dot that may integrate with, or be accessible through, our Services.

13.2. Our Services may display, include, or make available third-party content, encompassing data, information, applications, and other products or services, as well as links to third-party websites or services. You acknowledge and agree that Yellow Dot is not responsible for any Third-Party Services and does not endorse, verify, or guarantee their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

13.3. We use Third-Party Services to enhance the platform. While we facilitate access to these essential services, it’s important to note that Yellow Dot does not assume any liability or responsibility for any issues that may arise from their use. Your access to and use of these Third-Party Services is governed by the terms and conditions set forth by those third parties. By using our Digital AI Coaching Services, you acknowledge and agree to comply with the applicable terms and privacy policies of any Third-Party Services you engage with.

13.4. For more information on how these third parties may handle your personal information, please refer to our Privacy Notice.

14.1. Nature of Services: Yellow Dot provides the Services “as is,” with no warranties regarding suitability for any particular purpose. The services are not substitutes for professional medical services, therapy, or legal counsel.

14.2. Coaching vs. Advice: The platform uses a non-directive coaching approach; it does not generate or provide direct advice. The AI aids you in exploring personal and professional topics; decisions remain with you.

14.3. Limitations: While we strive for accuracy, AI responses are based on patterns identified in training data and may not suit every circumstance.

14.4. No Guarantees on Outcomes: Yellow Dot makes no representations or warranties concerning the results that may be obtained from the use of the Services or that the Services will meet your specific requirements. Use of the platform does not imply fitness for a particular purpose or achievement of specific outcomes.

You agree to defend and indemnify Yellow Dot from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

16.1. These Terms shall remain in effect for as long as you maintain an active Account. Your continued use of our Services constitutes your acceptance of these Terms.

16.2. You have the right to terminate your Account at any time by emailing support@yellowdot.ai. Upon termination, your access to our Services and any data associated with your Account will cease immediately. Yellow Dot will handle your personal data in accordance with our data protection obligations and policies. If you request the deletion of your personal data following termination, we will take the necessary steps to comply while adhering to any legal obligations we have regarding data retention.

16.3. Yellow Dot reserves the right to suspend or terminate your access to our Services, without prior notice, in the event of a breach of these Terms or any conduct that we believe violates applicable law or is harmful to other users, Yellow Dot, or any third parties.

16.4. In the case of termination, either by you or Yellow Dot, the obligations of both parties regarding confidentiality, liability, and indemnification will survive the termination of this EULA.

We are committed to maintaining the highest quality in our Services and your experience is very important to us. If you encounter any issues, have questions, or wish to provide feedback regarding the Services, please do not hesitate to contact us at support@yellowdot.ai.

18.1. To the maximum extent permitted by applicable law, Yellow Dot and its directors, officers, owners, employees, and agents shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of, or inability to use, the Services, third-party software, and/or third-party hardware used with the Services, or otherwise in connection with any provision of this EULA, even if Yellow Dot or any third party has been advised of the possibility of such damages.

18.2. Notwithstanding any damages you might incur, the entire liability of Yellow Dot and any of its third parties under any provision of this EULA, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid for the Services by you within the last twelve (12) months preceding your claim or £100 if you haven’t purchased anything through the Services.

18.3. Nothing in this EULA limits or excludes Yellow Dot’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by applicable law.

18.4. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

18.5. You expressly understand and agree that any third-party service providers, affiliates, and licensors associated with Yellow Dot shall not be liable to you under any theory of liability for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, including any loss of data, whether or not such parties have been advised of or should have been aware of the possibility of any such losses arising.

You may have access to beta versions of our Services and subsequent updates. Beta versions may not be free from defects or interruption, and you use them at your own risk. Yellow Dot makes no warranties that beta versions will be error-free or operate uninterrupted.

For all queries and technical issues related to our Services, please contact us via email at support@yellowdot.ai.

Your consent is essential for processing your information, like using anonymised feedback to improve AI models. You have the right to withdraw consent at any time by emailing us at support@yellowdot.ai. Be aware that if you withdraw consent, it may impact your ability to use certain features of our Services.

We prefer resolving disputes informally through direct negotiation. If unresolved, disputes will be submitted to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Mediation Rules. If mediation is unsuccessful, the dispute will be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules. The arbitration will be in English, and the arbitrator’s decision will be final and binding.

23. General Terms

23.1. Entire Agreement: This EULA represents the entire agreement regarding your use of our Services. All prior agreements, understandings, and negotiations are superseded by these Terms.

23.2. Severability: If any part of this EULA is found to be invalid, illegal, or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision will be deemed deleted. Any modification or deletion of a provision under this clause will not affect the validity and enforceability of the rest of this EULA.

23.3. No Waiver: The failure of Yellow Dot to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by Yellow Dot.

23.4. Assignment: You may not assign or transfer any of your rights or obligations under this EULA without prior written consent from Yellow Dot. Yellow Dot may assign or transfer its rights and obligations under this EULA at its discretion.

23.5. Governing Law: This EULA shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of England and Wales.

23.6. Force Majeure: Yellow Dot shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, acts of terrorism, labour disputes, government orders, or any other force majeure event.

23.7. Notices: Any notices or other communications required or permitted under this EULA will be in writing and delivered by email or by posting on the platform or our website.