Definitions. In these Terms, the words:

  • “we,” “us,” “our” and “yoddle” are used to refer to yoddle, Inc., a Florida corporation, having its principal offices located at 32 S Osprey Ave, Suite 203, Sarasota, FL 34236;
  • “you” or “your” are used to refer to the individual who has installed yoddle according to our records;
  • “yoddle Application” is used to refer to the mobile application and service for enhancing communications between you and your contacts and between you and local businesses;

You acknowledge that these Terms are a contract between you and yoddle only, and not with Apple. yoddle, not Apple, is solely responsible for the yoddle Application and the content thereof.

License. In accordance with these Terms, we grant you a non-exclusive, non-transferable, personal, terminable license to install, perform, view and use the yoddle Application, including any information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are visible via the yoddle Application (the “Materials”), only on and through an Apple iPhone, iPod touch or iPad device and only for the purposes described in the yoddle user documentation and only in accordance with these Terms. This license does not allow You to use the yoddle Application on any iPod touch, iPad or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You do not have the right to separately copy or reproduce any Materials apart from your use of the yoddle Application. All Materials accessed through the yoddle Application are subject to any copyright, trademark, or other proprietary notice included in the Materials. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the yoddle Application and service.

Use Restrictions. Your use of the yoddle Application is subject to the following restrictions and conditions, which you agree not to attempt or do while using yoddle:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
  • Publish, post, upload, e-mail, distribute, or disseminate, or otherwise transmit any content that is indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, or violates the rights of anybody or violates any law;
  • Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Website, any software or hardware, or telecommunications equipment;
  • Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  • Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  • Use any robot, spider, other automatic device or manual process to monitor or copy our Website or any yoddle content without our prior written permission;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the yoddle Application, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • Copy, reproduce, alter, modify, create derivative works of the yoddle Application, or publicly display any Materials from yoddle without prior written permission from yoddle or the appropriate third party, or as permitted by applicable law;
  • Alter or modify the copyright notices and any other proprietary legends that appear in the yoddle Application or Materials;
  • Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  • Restrict or inhibit any user from using the yoddle Application or service;
  • Impersonate any person or entity, including, but not limited to, an yoddle representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through yoddle or our Website or to manipulate your presence on our sites;
  • Access the yoddle Application by any means other than through the interface provided by yoddle, or use yoddle other than for its intended purposes; or
  • Engage in any illegal activities.

Use Conditions. As a condition of using the yoddle Application and the yoddle service, you agree to the following conditions:

  • In order to access the yoddle services, you will be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the Sservices. You agree that any registration information you give to yoddle will always be accurate, correct and up to date.
  • Use of the yoddle Application requires you to understand and accept Google's Terms of Use which may be found here: http://code.google.com/apis/maps/iphone/terms.html. By using the yoddle Application you agree to be bound by Google’s Terms of Use.
  • You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
  • You agree that you are solely responsible for (and that yoddle has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which yoddle may suffer) of any such breach.

Materials and User Content. You understand that all Materials and, where permitted, user generated feedback, materials or information (“User Content”) that are accessed or transmitted via yoddle are the sole responsibility of the person or company from whom the Materials originated. You agree that yoddle is not responsible for examining or evaluating the Materials or their accuracy and yoddle does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that yoddle is not in any way responsible for any such use by you. yoddle reserves the right to (i) delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or User Content, or other messages, information or files which yoddle, in its sole discretion, deems objectionable and (ii) to restrict, suspend, or terminate your access to all or any part of yoddle, or to deactivate or delete your accounts and all related information and files in your account. By submitting any User Content, you automatically grant (or warrant that the owner of such rights has expressly granted) yoddle a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content or incorporate such User Content into any form, media or technology now known or later developed throughout the world. yoddle shall have the right to further sublicense these rights to third parties. You warrant that all so-called “moral rights” in the User Content have been waived.

Privacy. In order to use the yoddle service, you must provide us with your user name, age and gender. In addition, yoddle will have access to your location information or the location of the party you are interacting with (such as GPS signals sent by your mobile device) or information that can be used to approximate a location (such as a cell ID). The yoddle Application gives you control over how much or how little location info you want to share with whomever you choose. Before someone can view your location, you must either send the person a location request by adding them as a friend or accept their location request and choose to share back your location.

Most of the other personally identifying information we collect is what you tell us about yourself. For example, certain of our products and services allow you to interact and share personal information and data with others. You choose what you want to share and how you want to share it. For more information about yoddle’s privacy policy, please reference www.yoddle.com/privacy.

Please note that the yoddle Application interacts with and requires use of your mobile carrier's network and your carrier may have access to it. For information regarding your carrier's treatment of your information, please consult your carrier's privacy policies.

Support. If you require assistance or technical support with the installation or operation of the yoddle Application, you may contact us at www.yoddle.com/support/support/support.htm. You acknowledge and agree that Apple has no responsibility or obligation to provide you with any such technical support or assistance with respect to the yoddle Application.

Objectionable Material. You understand that by using the yoddle service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the yoddle Application and service at your sole risk and yoddle shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that yoddle does not guarantee their accuracy.

Use Charges. Use of yoddle requires a compatible mobile device. You are responsible for knowing how your device works. Neither yoddle nor any of its affiliates shall have any liability to you for use charges related to any device that you use to access yoddle or use and receive Materials, including, without limitation, charges for cellular telephones, smart phones and other mobile devices.

Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through yoddle may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in “writing.” You acknowledge that your electronic submissions pertaining to any transactions constitute your agreement and intent to be bound by and to pay for such transactions.

Use by Children. Protecting children’s privacy is very important to us. yoddle is not intended for use by children under thirteen (13) years of age and we do not intentionally collect or maintain any personal information from children. yoddle believes there is no information through the yoddle service that is inappropriate for viewing by children. Ordering online products and services from or through yoddle is limited to adults (ages 18+). If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Intellectual Property. You agree that yoddle, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the yoddle Application, contains proprietary information and material that is owned by yoddle and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of yoddle in compliance with this Agreement. No portion of yoddle or the Website may be reproduced in any form or by any means, except as expressly permitted in these terms.

No Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE YODDLE APPLICATION AND SERVICE IS AT YOUR SOLE RISK. THE, MATERIALS AND PRODUCTS OFFERED THROUGH THE YODDLE APPLICATION, ARE PROVIDED TO YOU “AS IS,” “WHERE IS” AND WITH “ALL FAULTS.” YODDLE MAKES NO WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF YODDLE OR MATERIALS; RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON YODDLE; AND ANY DUTIES OF REASONABLE CARE. YODDLE, AND NOT APPLE, IS SOLELY RESPONSIBLE WITH RESPECT TO ANY WARRANTY CLAIMS MADE BY YOU RESPECTING THE YODDLE APPLICATION.

Dangerous Activities. YODDLE DOES NOT RECOMMEND USE OF THE YODDLE APPLICATION DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE SUCH USE IS UNLAWFUL OR THERE EXISTS A SIGNIFICANT RISK OF AN ACCIDENT, INCLUDING, BUT NOT LIMITED TO DRIVING OR OPERATING A MOTOR VEHICLE. YOU AGREE NOT TO USE THE YODDLE APPLICATION OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND YODDLE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.

Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, APPLE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA) OR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, OR THE MATERIALS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE YODDLE APPLICATION AND SERVICE.

Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, APPLE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA) OR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, OR THE MATERIALS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE YODDLE APPLICATION AND SERVICE.


Apple will have no obligation or liability to you in the event of any third party claim that yoddle Application or your use of the Application infringes that third party’s intellectual property rights. You agree that Apple will have no responsibility with respect to the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Linked Sites. Web links may appear on the yoddle Application that may be used to link to other providers or merchants. These links are provided as a courtesy to our users. yoddle has no control over the other providers or the materials, information, goods or services available or contained at their locations. yoddle is not responsible for and does not endorse or warrant in any way any privacy or other practices of such providers or any materials, information, goods or services available through such linked Websites. If you decide to access any of the linked providers, you do so entirely at your own risk. yoddle reserves the right to terminate any link at any time.

Ending your relationship with yoddle. The Terms will continue to apply until terminated by either you or yoddle as set out below. If you want to terminate your legal agreement with yoddle, you may do so by (a) notifying yoddle at any time, (b) deleting the Application from your device, and (c) discontinuing use of yoddle on the world wide web.

Suspension; Termination. yoddle reserves the right to modify, suspend, or discontinue the yoddle Application and service (or any part or content thereof) at any time with or without notice to you, and yoddle will not be liable to you or to any third party should it exercise such rights. If you fail, or yoddle suspects that you have failed, to comply with any of the provisions of this Agreement, yoddle, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the yoddle Application, service (or any part thereof).

Amendments; Complete Agreement. You agree that we may from time to time amend or add to these Terms (“Amendments”), including without limitation, Amendments that add registration fees or change payment methods or requirements. Notice of such Amendments will be delivered via the yoddle Application and each such Amendment will be effective immediately after notice unless an earlier time is specified by yoddle. Your use of the yoddle Application and service after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and refrain from using the yoddle Application after that date. These Terms and any Amendments, your registration and any consents provided by you, the disclosures provided by us on yoddle and in conjunction with Materials and User Content delivered or accessible via a mobile device, constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties.

No Waiver/Severability. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

Applicable Laws. Any claim related to the use of the yoddle Application, Materials or User Content shall be governed by, construed and enforced in accordance with the laws of the State of Florida as applied to agreements made and to be performed entirely therein. Any action brought in connection with yoddle, Materials or User Content, or any other yoddle content or services shall be brought in either the state or federal courts with jurisdiction in Florida. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by Florida law. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary. yoddle and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

General Notices. All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in yoddle or Materials, should be addressed to:



yoddle, Inc.
Attention: Notices
32 S Osprey Ave, Suite 203
Sarasota, FL 34236

Communications made through email shall in no way be deemed to constitute legal notice to yoddle or any of its officers, employees, agents or representatives, where such notice to yoddle is required by contract, or any federal, state or local laws, rules or regulations.

If yoddle receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material, as permitted by applicable law, and will take reasonable steps to notify the opposite party that the material has been removed on the basis of a copyright infringement allegation.

Terms of Use: Last revised on Sept 1, 2011