Yubigo Terms of Service
1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and AGW Solutions, LLC, a North Carolina limited liability company (“Yubigo,” “we,” “us,” or “our”).
These Terms govern your access to and use of the Yubigo platform, including all associated websites, applications, and services (collectively, the “Service”).
By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service. Continued use following the posting of revised Terms constitutes acceptance of such changes.
These Terms apply to all users, including event attendees, venue administrators and staff, and third-party entities (vendors, sponsors, artists), regardless of which venue's experience you access.
2. Description of Service
Yubigo is an event navigation platform consisting of the following products:
Viewer. A public-facing web application for event attendees, white-labeled per venue, providing interactive venue maps, directories, event schedules, offline functionality, and an emergency request notification system (subject to the disclaimers in Section 9). The Viewer does not require account registration.
Portal. A venue management dashboard for venue staff and administrators. The Portal requires account registration and provides tools for venue configuration, event management, entity management, and reporting.
Vendor Information Submission. Self-service web forms that allow third-party entities — including vendors, sponsors, and artists — to submit and complete their profiles within the platform as part of a venue's event management process.
Service Modifications. Yubigo reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable for any such modification, suspension, or discontinuation.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least thirteen (13) years of age to use the Viewer. You must be at least eighteen (18) years of age to register for a Portal account or submit vendor information through the platform. By using the Service, you represent that you meet the applicable age requirement.
3.2 Portal Account Registration
To access the Portal, you must create an account using a valid email address and password, or by signing in with Google. You represent that all registration information is accurate and current, and you agree to maintain its accuracy.
3.3 Organizational Authorization
If you register a Portal account on behalf of a venue, organization, or other entity, you represent that you have authority to bind that entity to these Terms. In such cases, “you” and “your” refer to both you individually and the entity you represent.
4. User Accounts and Security
4.1 Account Credentials
You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify Yubigo immediately of any unauthorized access to your account.
4.2 Authentication and Security
The Portal employs multi-factor authentication and security features. You agree to use these features as directed and acknowledge that failure to do so may increase the risk of unauthorized access.
4.3 Account Responsibility
You are responsible for all activities under your account, whether or not authorized by you. Yubigo shall not be liable for any loss arising from your failure to secure your credentials.
4.4 Role-Based Access
Portal accounts operate under role-based access control. You agree to use your assigned role and permissions only for their intended purposes and not to attempt to escalate your access.
5. Acceptable Use Policy
5.1 Prohibited Conduct
You agree not to:
(a) Violate any applicable law or regulation.
(b) Infringe upon the intellectual property, privacy, or other rights of any third party.
(c) Upload or transmit unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable content.
(d) Impersonate any person or entity.
(e) Interfere with or disrupt the Service or connected networks.
(f) Attempt to gain unauthorized access to any portion of the Service or connected systems.
(g) Use automated means to access the Service without our written consent.
(h) Introduce viruses, malware, or other harmful material.
(i) Use the emergency request feature for non-emergency purposes, including testing, pranks, or harassment.
(j) Reverse-engineer, decompile, or disassemble the Service.
(k) Collect personally identifiable information from the Service without authorization.
(l) Use the Service to send unsolicited communications or advertisements.
(m) Circumvent or interfere with security features of the Service.
5.2 Venue-Specific Rules
When using the Service in connection with a specific venue, you agree to comply with that venue's rules and policies. Yubigo is not responsible for enforcing venue-specific rules but may remove content or suspend access at its discretion.
5.3 Enforcement
Yubigo reserves the right to investigate and take action against anyone who violates this Section, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement.
6. User-Generated Content
6.1 User Content
The Service may allow users to submit content, including reviews, venue content created through the Portal, and vendor and entity information submitted through the platform's vendor information submission feature (collectively, “User Content”).
6.2 Ownership
You retain ownership of your User Content. You represent that you have all necessary rights to submit it and to grant the licenses described herein.
6.3 License Grant
By submitting User Content, you grant Yubigo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and Yubigo's business operations. For venue content created through the Portal, this license is limited to what is necessary to operate and distribute the content through the Service.
6.4 Moderation
Yubigo may monitor, review, edit, or remove any User Content at its sole discretion, for any reason.
6.5 Feedback
Any feedback, suggestions, or ideas you provide regarding the Service shall be deemed non-confidential and non-proprietary. Yubigo may use such feedback without limitation or obligation.
7. Vendor and Third-Party Entity Participation
7.1 Scope of This Section
This section applies to vendors, sponsors, artists, and other third-party entities (“Vendors”) who submit information to the platform through the vendor information submission feature. This feature is an event management tool operated on behalf of participating venues — it is not a public directory or a separately marketed product.
7.2 Role of Yubigo and Venues
Yubigo provides the technical infrastructure for Vendors to submit their information. Venues manage and approve Vendor data through the platform. The commercial and contractual relationship between a Vendor and a venue — including contracts, fees, booth assignments, or other arrangements — is solely between the Vendor and the venue. Yubigo is not a party to that relationship and has no obligation or liability in connection with it.
7.3 Platform Terms Control Platform Use
These Terms govern a Vendor's use of the Yubigo platform specifically. Any separate agreement between a Vendor and a venue governs their commercial relationship. If there is a conflict between these Terms and a venue-vendor agreement with respect to platform usage, these Terms control for all matters relating to the platform.
7.4 Submission and Approval
When a Vendor submits information through the platform, that submission is subject to review and approval by the venue. Submission to the platform does not guarantee association with any event. A venue may approve, reject, or request corrections to a Vendor's submission at its sole discretion. Yubigo does not review or verify the accuracy of Vendor-submitted information and is not responsible for venue approval decisions.
7.5 Consent via Form Submission
By submitting information through the vendor information submission form, the Vendor confirms their agreement to these Terms and the Yubigo Privacy Policy. A notice to this effect is displayed on the form prior to submission. No separate checkbox is required.
7.6 Data Persistence and Rejected Submissions
Vendor data submitted to the platform persists to allow for correction and resubmission. If a venue does not approve a Vendor's association with a specific event, the event association is removed, but the underlying record and its association with the venue may be retained to enable future corrections or approvals by the venue. This practice is consistent with the platform's data integrity principles described in these Terms.
7.7 Internal Catalog
To prevent duplicate entity records and facilitate Vendor association with multiple events across the platform, certain non-personal business information — including business name, category, and product type — may be stored in an internal catalog at Yubigo's discretion. This catalog is not publicly accessible. It is used solely to support accurate association of Vendor profiles with events and venues, and to support data quality across the platform.
7.8 No Guarantee of Visibility
Yubigo makes no representation that a Vendor's information will be displayed, prominently featured, or visible to attendees. Display of Vendor information within the Viewer depends on the venue's configuration and approval decisions. Yubigo is not liable for any business impact resulting from a Vendor's information not appearing in the Viewer.
7.9 Optional Vendor Boost Payment Feature
Yubigo offers an optional “Vendor Boost” feature that allows Vendors to purchase an enhanced profile associated with their participation in a venue's event. This is a voluntary upgrade; a Vendor's participation in an event does not require payment through Yubigo.
7.10 Payment Processing by Stripe Connect
Vendor Boost payments are processed by Stripe, Inc. through the Stripe Connect Express platform. When a Vendor pays for a Vendor Boost:
(a) The transaction is a direct payment to the participating venue's Stripe-connected account. The venue, not Yubigo, is the recipient of the funds.
(b) Yubigo retains a platform fee equal to thirty percent (30%) of the gross transaction amount, automatically deducted by Stripe at the time of payment.
(c) Yubigo absorbs Stripe's payment processing fees (typically 2.9% plus $0.30 per transaction). These fees are deducted from Yubigo's portion, not from the venue's payout.
(d) The remaining seventy percent (70%) is transferred to the venue's connected Stripe account on an instant basis, subject to Stripe's standard payout schedule and any restrictions Stripe may impose on the connected account.
(e) Yubigo is not a bank and does not hold Vendor or venue funds. All funds flow through Stripe's payment infrastructure. Stripe is the payment processor and financial institution of record for these transactions.
7.11 Venue Onboarding for Payment Acceptance
Before a venue can accept Vendor Boost payments through Yubigo, the venue must complete a separate onboarding process directly with Stripe, including the provision of business identification, tax information, and banking details. Yubigo does not collect, store, or transmit the venue's sensitive financial or identity information; this data is collected by Stripe and held exclusively by Stripe. The venue's relationship with Stripe is governed by Stripe's Connected Account Agreement, available at https://stripe.com/connect-account/legal.
7.12 Refunds, Chargebacks, and Venue Financial Responsibility
(a) Vendor Boost activations are non-refundable once the Vendor's profile is live within the Viewer application, except as required by law.
(b) Refund requests should be directed to the venue, not to Yubigo. Yubigo does not issue refunds on behalf of venues.
(c) In the event of a chargeback, dispute, refund, or negative balance on a connected account, the financial responsibility rests with the connected account (venue) and Stripe, in accordance with Stripe's Connected Account Agreement. Yubigo is not liable for any loss, shortfall, or recovery action associated with such events.
(d) Venues are solely responsible for their own tax reporting obligations arising from funds received through Vendor Boost transactions. Stripe may issue IRS Form 1099-K directly to the venue when applicable thresholds are met. Yubigo does not issue tax documents to venues for Vendor Boost transactions.
7.13 Vendor Consent to Payment Terms
By completing a Vendor Boost payment, the Vendor acknowledges and agrees that:
(a) The transaction is processed by Stripe on behalf of the venue, and Stripe's Terms of Service apply to the payment itself;
(b) Yubigo receives a thirty percent (30%) platform fee from the transaction and is not otherwise a party to the commercial arrangement between the Vendor and the venue;
(c) The Vendor's profile enhancement is subject to venue approval and Yubigo platform availability; and
(d) Yubigo makes no guarantee regarding the prominence, visibility, or business outcomes associated with Vendor Boost profiles.
8. Intellectual Property
8.1 Yubigo Platform
The Service, excluding User Content, is the property of Yubigo or its licensors and is protected by applicable intellectual property laws.
8.2 Trademarks
“Yubigo” and all related names, logos, and designs are trademarks of AGW Solutions, LLC. You must not use such marks without our prior written permission.
8.3 Venue Data Ownership
Venue operators retain ownership of their venue-specific data, including configurations, event schedules, maps, and content created through the Portal. Yubigo is granted a license to use this data as necessary to provide the Service.
8.4 Entity Data Ownership
Third-party entities retain ownership of their profile data submitted through the platform's vendor information submission feature or otherwise provided to the platform. Yubigo is granted a license to use this data as necessary to provide the Service, including displaying entity information within the Viewer and Portal.
8.5 Aggregated and Derived Data
Yubigo owns all aggregated, anonymized, and derived data generated through operation of the Service, including analytics, usage statistics, and derived insights. This data does not identify individual users.
8.6 Third-Party Content
The Service may incorporate data from third-party providers, subject to their respective terms. Required attributions are displayed within the Service where applicable.
8.7 Limited License
Subject to your compliance with these Terms, Yubigo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purposes. This license does not include the right to modify, copy, or make derivative use of the Service, or to download any portion except as expressly permitted (including authorized offline functionality).
9. Emergency Services Disclaimer
THIS SECTION CONTAINS CRITICAL INFORMATION REGARDING THE EMERGENCY REQUEST FEATURE. PLEASE READ IT CAREFULLY.
9.1 Nature of the Emergency Request Feature
The Yubigo Viewer includes an emergency request feature that allows event attendees to send a notification to designated venue emergency contacts. This feature sends SMS text messages to venue staff members who have been designated as emergency contacts by the venue operator. This feature does NOT contact 911, police, fire, ambulance, or any other public emergency service.
9.2 NOT A SUBSTITUTE FOR EMERGENCY SERVICES
THE YUBIGO EMERGENCY REQUEST FEATURE IS NOT A SUBSTITUTE FOR CALLING 911 OR CONTACTING LOCAL EMERGENCY SERVICES. IF YOU ARE EXPERIENCING A LIFE-THREATENING EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY. DO NOT RELY ON THE YUBIGO EMERGENCY REQUEST FEATURE AS YOUR PRIMARY OR SOLE MEANS OF SEEKING EMERGENCY ASSISTANCE.
9.3 No Guarantee of Delivery or Response
Yubigo does not guarantee that:
(a) Emergency request notifications will be successfully delivered. SMS delivery depends on cellular network availability, carrier infrastructure, and recipient device status, none of which are within Yubigo's control.
(b) Venue emergency contacts will receive, read, or respond to notifications within any specific timeframe or at all.
(c) Venue emergency contacts are qualified, trained, or equipped to provide any specific type of emergency assistance.
(d) The emergency request feature will be available or functional at all times, including during periods of high network traffic, service outages, or limited cellular coverage.
(e) The location information transmitted with an emergency request will be accurate, particularly in indoor environments, areas with poor GPS reception, or when the user has disabled location services.
9.4 Venue Responsibility
The designation, training, availability, and responsiveness of venue emergency contacts are the sole responsibility of the respective venue operator. Yubigo does not vet, train, supervise, or otherwise control venue emergency contact personnel.
9.5 Limitation of Liability for Emergency Feature
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUBIGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, LOSS, DAMAGE, OR HARM OF ANY KIND ARISING FROM OR RELATED TO:
(a) YOUR USE OF OR RELIANCE ON THE EMERGENCY REQUEST FEATURE;
(b) THE FAILURE OF THE EMERGENCY REQUEST FEATURE TO DELIVER NOTIFICATIONS, TO FUNCTION AS EXPECTED, OR TO BE AVAILABLE AT ANY TIME;
(c) THE ACTIONS, INACTIONS, RESPONSE TIME, OR QUALITY OF RESPONSE OF ANY VENUE EMERGENCY CONTACT OR VENUE STAFF;
(d) ANY DELAY IN OR FAILURE TO OBTAIN EMERGENCY ASSISTANCE THROUGH THE EMERGENCY REQUEST FEATURE; OR
(e) ANY INACCURACY IN LOCATION DATA TRANSMITTED THROUGH THE EMERGENCY REQUEST FEATURE.
9.6 Acknowledgment
By using the emergency request feature, you expressly acknowledge and agree that:
(a) You understand the limitations of the feature as described in this Section 9.
(b) You will not rely on the feature as your sole or primary means of seeking emergency assistance.
(c) You assume all risks associated with your use of the feature.
(d) You release Yubigo from any and all claims, demands, and causes of action arising from your use of the feature.
10. Location Services
10.1 Use of Location Data
Certain features of the Service, including interactive maps and the emergency request system, depend on your device's location data. Location services are opt-in and require device-level permission.
10.2 Consent and Control
You may enable or disable location services at any time through your device settings. Disabling location services may limit certain features of the Service.
10.3 Accuracy
Yubigo does not guarantee the accuracy of location data. GPS accuracy may be affected by environmental factors, device limitations, and other conditions beyond our control. Location data should not be relied upon for safety-critical decisions.
10.4 Analytics
Yubigo may collect and process anonymized, aggregated location data for analytics and service improvement. Such data does not identify individual users. See our Privacy Policy for further details.
11. Availability and Uptime
The Service is provided on an “as available” basis. Yubigo does not guarantee any specific level of uptime, availability, or performance unless separately agreed in writing. We may perform maintenance at any time, which may result in temporary interruptions.
The Viewer includes offline functionality that relies on cached data. Cached data may become outdated or inaccurate. Yubigo is not liable for any loss arising from reliance on cached information.
Yubigo reserves the right to modify, update, or discontinue any feature of the Service at any time, with or without notice.
12. Third-Party Services
The Service may contain links to or integrate with third-party websites and services not owned or controlled by Yubigo. Yubigo assumes no responsibility for the content, privacy policies, availability, or practices of any third-party services. The inclusion of any link or integration does not imply endorsement. You access third-party services at your own risk and subject to their terms.
13. Privacy
Your use of the Service is also governed by our Privacy Policy, incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YUBIGO DISCLAIMS ALL WARRANTIES, INCLUDING:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(b) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS;
(c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR DATA PROVIDED THROUGH THE SERVICE, INCLUDING EVENT SCHEDULES, VENUE INFORMATION, MAP DATA, AND CACHED OFFLINE CONTENT;
(d) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS;
(e) WARRANTIES REGARDING THE ACCURACY OF LOCATION DATA; AND
(f) WARRANTIES REGARDING THE DELIVERY OR EFFECTIVENESS OF EMERGENCY REQUEST NOTIFICATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
15. Limitation of Liability
15.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YUBIGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
(a) YOUR USE OF OR INABILITY TO USE THE SERVICE;
(b) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
(c) ANY CONTENT OR DATA OBTAINED THROUGH THE SERVICE;
(d) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
(e) THE EMERGENCY REQUEST FEATURE, AS DESCRIBED IN SECTION 9; OR
(f) ANY OTHER MATTER RELATING TO THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YUBIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Platform Facilitation; No Liability for Venue-Vendor Relationships
YUBIGO OPERATES AS A PLATFORM THAT FACILITATES DATA COLLECTION AND EVENT MANAGEMENT ON BEHALF OF VENUE OPERATORS. THE VENUE, NOT YUBIGO, IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, AND APPROPRIATE USE OF VENDOR AND THIRD-PARTY ENTITY DATA MANAGED THROUGH THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUBIGO SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM:
(a) THE COMMERCIAL RELATIONSHIP BETWEEN A VENDOR AND A VENUE, INCLUDING ANY CONTRACT, FEE DISPUTE, OR BREACH THEREOF;
(b) A VENUE'S DECISION TO APPROVE, REJECT, OR MODIFY VENDOR DATA OR EVENT ASSOCIATIONS;
(c) THE ACCURACY OR COMPLETENESS OF VENDOR INFORMATION AS SUBMITTED BY THE VENDOR OR AS MANAGED BY THE VENUE;
(d) A VENDOR'S VISIBILITY OR NON-VISIBILITY WITHIN THE VIEWER;
(e) ANY INTERACTION BETWEEN A VENUE AND A VENDOR THAT OCCURS OUTSIDE THE YUBIGO PLATFORM;
(f) ANY PAYMENT DISPUTE, CHARGEBACK, REFUND REQUEST, OR FINANCIAL LOSS ARISING FROM VENDOR BOOST TRANSACTIONS PROCESSED THROUGH STRIPE CONNECT, INCLUDING WITHOUT LIMITATION DISPUTES BETWEEN A VENDOR AND A VENUE REGARDING THE VENDOR BOOST SERVICE, STRIPE'S PROCESSING OR HOLDING OF FUNDS, OR DELAYS OR FAILURES IN PAYOUTS TO CONNECTED ACCOUNTS;
(g) ANY NEGATIVE BALANCE OR RECOVERY OBLIGATION INCURRED BY A CONNECTED STRIPE ACCOUNT, INCLUDING AMOUNTS OWED BY A VENUE TO STRIPE; OR
(h) ANY FAILURE, DELAY, SUSPENSION, OR RESTRICTION IMPOSED BY STRIPE ON A CONNECTED ACCOUNT, OR ANY CONSEQUENCE OF SUCH STRIPE ACTIONS, INCLUDING WITHOUT LIMITATION THE INABILITY OF A VENUE TO RECEIVE OR WITHDRAW FUNDS.
15.3 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF YUBIGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNTS YOU HAVE PAID TO YUBIGO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
15.4 Basis of the Bargain
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND YUBIGO, AND THAT YUBIGO WOULD NOT PROVIDE THE SERVICE ABSENT SUCH LIMITATIONS.
15.5 Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, YUBIGO'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Indemnification
You agree to defend, indemnify, and hold harmless Yubigo, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) Your use of the Service;
(b) Your User Content;
(c) Your violation of these Terms;
(d) Your violation of any applicable law or regulation;
(e) Your violation of any rights of any third party;
(f) Your use of the emergency request feature;
(g) Any content or data you submit through the Service; or
(h) Any activity conducted through your account, whether or not authorized by you.
Yubigo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with Yubigo in asserting any available defenses.
17. Termination and Suspension
17.1 Termination by You
You may terminate your Portal account at any time by contacting us at legal@yubigo.com. Viewer users may cease using the Service at any time. Termination does not relieve you of obligations incurred prior to termination.
17.2 Termination or Suspension by Yubigo
Yubigo may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for breach of these Terms, legal requirements, security issues, or fraudulent activity.
17.3 Effects of Termination
Upon termination: (a) your right to access the Portal ceases immediately; (b) Yubigo may delete your account data, though certain data may be retained as required by law or for legitimate business purposes, including audit trails and entity association histories; and (c) Sections 6, 7, 8, 14, 15, 16, and 19 survive termination.
17.4 Venue Data on Termination
If a venue operator's access is terminated, Yubigo will retain venue data for a reasonable period to allow data export upon request. After such period, Yubigo may delete or anonymize venue data. Entity data associated with the venue remains the property of the respective entities and will not be deleted solely due to venue termination.
18. Modifications to Terms
Yubigo reserves the right to modify these Terms at any time. Material changes will be posted on the Service with an updated “Last Updated” date. Portal account holders may also receive notice via email.
Continued use after modifications take effect constitutes acceptance. If you do not agree, you must stop using the Service and terminate your account.
19. Dispute Resolution
19.1 Informal Resolution
Before filing any formal proceeding, you agree to contact Yubigo at legal@yubigo.com and attempt to resolve the dispute informally for at least thirty (30) days.
19.2 Binding Arbitration
If a dispute cannot be resolved informally, you and Yubigo agree that any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.
The arbitration shall be conducted in the State of North Carolina. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
19.3 Class Action Waiver
YOU AND YUBIGO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
19.4 Small Claims Exception
Either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
19.5 Equitable Relief
Nothing in this Section 19 shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement, misappropriation, or violation of intellectual property rights.
19.6 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@yubigo.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out. If you opt out, all other provisions continue to apply.
20. Severability
If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be severable and shall not affect the remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
21. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements published by Yubigo on the Service, constitute the entire agreement between you and Yubigo concerning the Service and supersede all prior understandings and agreements regarding the Service.
No waiver of any provision shall be deemed a continuing waiver. Yubigo's failure to assert any right under these Terms shall not constitute a waiver of such right.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Subject to Section 19, any legal action arising out of these Terms shall be brought exclusively in the federal or state courts located in the State of North Carolina, and you consent to the personal jurisdiction of such courts.
23. Contact Information
If you have any questions about these Terms, please contact us:
AGW Solutions, LLC
Email: legal@yubigo.com
These Terms of Service were last updated on April 8, 2026.