NB. These are site terms, relevant when browsing and using the service of yaeris.com.

This website (Site) is operated by Yaeris Digital Services (we, our or us).

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Message Blasting Service Provider

1. On or from the Effective Date and during the Term, the Message Blasting Service Provider agrees to provide the Services in accordance with the terms of this Agreement.
2. The Customer agrees the Message Blasting Service Provider owns or holds the applicable licenses to all Intellectual Property Rights including but not limited to copyright in the Message Blasting Service Provider and any documentation provided with the Services by the Message Blasting Service Provider to the Customer including any Customer configuration documentation.
3. Message Blasting Service Provider reserves the right to change or remove features of the Message Blasting Service from time to time. Where there is any material alteration to the Message Blasting Service in accordance with this clause, the Message Blasting Service Provider will provide the Customer with 1 Business Days’ notice and the Customer agrees that any material alteration is at the Message Blasting Service Provider’s discretion.
4. The Message Blasting Service Provider reserves the right to refuse any request in relation to the Services that it deems inappropriate, unreasonable, or illegal.

Yaeris Service

1. Yaeris provides a platform and service to assist any individual and companies to send out large quantity of messages in 24 hours without having to worry about their own WhatsApp number getting blocked by WhatsApp.
2. Our product does not in any way represents an extension of the official WhatsApp, Telegram, and LINE messaging app.
3. Yaeris reverses the right to change its business operation for the best interest of the company.
4. Yaeris may or may not choose to announce any changes made by company.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
2. using our Site to defame, harass, threaten, menace, or offend any person;
3. interfering with any user using our Site;
4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
5. using our Site to send unsolicited email messages; or
6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Payment: Yaeris reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for a future subscriptions. Yaeris does not store your credit card or payment information.

You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an order.

Yaeris only provide the ways of payment to Consumer via our payment platform. Yaeris does not take responsibility for payments made on our Platforms to Merchant. The consumer must deal directly with Merchant for that matter.

Refund for Consumer: In the matter of dispute between Yaeris and Consumer on refund and cancellation, Yaeris doesn’t provide refund policy because Yaeris is selling advertising service. Once service/product is used, it is considered sold.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives, or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content. You must not:

1. copy or use, in whole or in part, any Content;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. We claim no ownership of the intellectual property rights in User Content you provide to the Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly or making available any User Content on or through our Site, you agree to allow others to view and share your User Content and you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, communicate, publicly display, publicly perform, transmit, stream, broadcast, access such User Content on, through or by means of our Site

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
2. neither the User Content nor the posting, uploading, publication, submission, or transmission of the User Content or our use of the User Content on, through, or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Cancellation and refund policy

Credit: A credit defines as a token purchase to perform a send to a mobile number provided by a Consumer with Yaeris software.

Yaeris Services: Yaeris doesn’t provide any refund policy because it is selling advertising product/service.

In the event of canceling your account:

1. Consumers have to finish utilizing all the credits in the Consumer’s portal before deleting his/her account. Yaeris doesn’t refund for any negligence made by Consumer.
2. A refund is not available because it is selling advertising product/service.

Yaeris Guaranteed Result

1. Yaeris does not guarantee results after using our services due to external factors which may/might cause the result to skew away from the intended target. The reasons could be:
   • WhatsApp/Telegram/LINE/Zalo/Signal/iMessage server-side
   • SIM card got banned/blocked
   • The recipient has set his own privacy in their own app
   • Exposed to the risk of previous SIM card owner retrieving his SIM card number which will then affect the continuity of the SIM card which you are planning to use for blasting purposes.
   • Negligence caused by our SIM card supplier who fails to upload profile pictures into some of your dedicated SIM cards.
   • Other factors
2. Yaeris provides the best effort in delivering all Consumers’ campaigns.
3. Please directly talk to our support team if you have any complaints about your purchases.

Other Compliances (for Blasting Service):

All the risks associated on using our blasting service (which includes WhatsApp Blasting, Telegram Blasting, iMessage Blasting, SMS Blasting, Signal Blasting, LINE Blasting) are stated below. Please read and fully understand it before making any purchasing decision.

General

1. We do not 100% guarantee the blasting speed. All campaigns will be completed in 24 hours. You will not be able to choose which exact time to start sending out your message.
2. We do not 100% guarantee on receiving rate. Our job is to send out your message. Whether or not your recipients receive or read, we do not know and have this information.
3. We do not have a refund policy. Client not receiving the message may be caused by WhatsApp/Telegram/LINE/Zalo/Signal/iMessage server-side error, SIM card got banned, the recipient has set his own privacy in their own app & other factors.
4. The credits for all completed campaigns will be refunded back to you within 24 hours after your campaign has been completed
5. This is 1-way blasting/communication. There is no way to reply back to your interested audience.
6. You are allowed to submit/create 3 campaigns per day (max). 1 campaign can contains unlimited numbers in it (depend on remaining credit left in your wallet). Any additional campaign created will be rejected. This is to protect our 24-hour campaign fulfillment SLA level to our customers.
7. Campaign spamming is prohibited. If our QA team finds out that you submit multiple campaigns with same content message, your account will be suspended with no refund given.
8. Our delivery rate defines as percentage of messages sent out from our server. It doesn’t mean percentage of messages received by your recipients.
9. We are not able to send to China, Hong Kong & Taiwan phone number.

WhatsApp

1. We do not guarantee double ticks or blue ticks for your WhatsApp deliverables. We only guarantee 1 tick or 0 tick which will be indicated in our report.
2. Our report only shows you the message that has been successfully sent out from our server. Not the number of messages received by your customer. In other words, we can only let you know which number is 1 tick and which number has 0 tick. We are not able to track double tick or blue tick. We are not using any API to blast your message. There is no transparency here.
3. We will deduct the credit as long as we have sent out your messages from our server. In other words, as long as we achieve 1 tick, the credit will be deducted from your account.
4. The link that you insert in your content may be unclickable due to WhatsApp security measures against spamming. Hence, you need to guide your audience to activate the link, he/she needs to reply back the message.
5. The profile picture that you inserted during creating the campaign will not stay there forever because we are sharing our WhatsApp accounts with all of our customers. Other customers also have their profile picture to upload which will cause your profile picture to be replaced by theirs once your campaign has been completed.

iMessage

1. Our report only shows you the message that has been successfully sent out from our server. Not the number of messages received by your customer. We are not able to track which recipients receive your message since we are not using any API to blast your message. There is no transparency here.
2. We will deduct the credit as long as we have sent out your messages from our server.
3. The link that you insert in your content may be removed by Apple if Apple deems your link as malicious. We are not responsible for that and not going to refund any credit if this situation happens. We only refund credit to you when we detect the number that you upload does not have an iMessage account. That is the only reason we do that.
4. The profile picture that you inserted during creating the campaign will not stay there forever because we are sharing our iMessage accounts with all of our customers. Other customers also have their profile picture to upload which will cause your profile picture to be replaced by theirs once your campaign has been completed.
5. If our system detects one of the phone numbers you upload doesn’t have imessage account, our system will send out sms instead. If your message contains any link or illegal contents, the sms will not send out due to government regulation. In this case, your credit will still be deducted.

Telegram

1. Our report only shows you the message that has been successfully sent out from our server. Not the number of messages received by your customer. We are not able to track which recipients receive your message since we are not using any API to blast your message. There is no transparency here.
2. We will deduct the credit as long as we have sent out your messages from our server.
3. The profile picture that you inserted during creating the campaign will not stay there forever because we are sharing our Telegram accounts with all of our customers. Other customers also have their profile picture to upload which will cause your profile picture to be replaced by theirs once your campaign has been completed.
4. Your message will not be received by your contacts if your recipients decide to set the phone number privacy from Everybody to Nobody. In this case, the credit will still be deducted.

LINE

1. Our report only shows you the message that has been successfully sent out from our server. Not the number of messages received by your customer. We are not able to track which recipients receive your message since we are not using any API to blast your message. There is no transparency here.
2. We will deduct the credit as long as we have sent out your messages from our server.
3. The profile picture that you inserted during creating the campaign will not stay there forever because we are sharing our LINE accounts with all of our customers. Other customers also have their profile picture to upload which will cause your profile picture to be replaced by theirs once your campaign has been completed.

Signal

1. Our report only shows you the message that has been successfully sent out from our server. Not the number of messages received by your customer. We are not able to track which recipients receive your message since we are not using any API to blast your message. There is no transparency here.
2. We will deduct the credit as long as we have sent out your messages from our server.
3. The profile picture that you inserted during creating the campaign will *not stay there forever* because we are sharing our Signal accounts with all of our customers. Other customers also have their profile picture to upload which will cause your profile picture to be replaced by theirs once your campaign has been completed.

SMS

1. Our report only shows you the message that has been successfully sent out from our server. Not the number of messages received by your customer. We are not able to track which recipients receive your message since we are not using any API to blast your message. There is no transparency here.
2. We will deduct the credit as long as we have sent out your messages from our server.
3. Since we are using Malaysia telco network to send out your SMS, your sms delivery is closely tight to these telco network’s capability and their infrastructure. We will not be responsible if your recipients fail to receive sms.
4. You are not able to insert links into your content due to government regulation.
5. All submitted campaigns will take 24 hours to complete. You are not able to choose/schedule time to send out your sms.
6. Illegal content is not allowed such as online gambling, drug and etc.

Advise performing to insert your own number in the list that you want to blast out. If your number is received, you can only safely assume that all the numbers you have uploaded in the campaign are received as well. Even though your number didn’t receive the message, the credit will still be deducted from your account as we have used up our sim card quota to send out messages. In this scenario, we are not responsible for ensuring you receive your message on your end. Just like you park your call in shopping mall, the mall management tells you, Park at your own risk. We also tell you the same thing now, Blast at your own risk.

• Understand how blasting really works: https://youtu.be/B6ggrhTTSfs
• Understand what limitations & solutions WhatsApp blasting: https://youtu.be/AcAFGzde85Y

Other Compliances (For Software)

1. If there is any technical error, we will take 24 – 48 hours to fix it.
2. Our server will service your campaign on best effort basis. The traffic within the server is shared across all of our customers. Your submitted campaign will usually be on queue. 
3. Any technical glitch derives from the software will take 24 – 48 hours to fix it. If the issue is complicated, it will take more than 48 hours. 
4. We are not responsible if your WhatsApp account gets blocked. In this case, we are just a software provider.
5. We are not responsible in achieving your expectation/assumption. You are the one who is responsible at the end of the day.
6. We do not have refund policy.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

These Terms shall be construed in accordance with the laws of Malaysia. The parties hereby submit to the exclusive jurisdiction of the Federal courts sitting in Seremban, Malaysia. The parties (a)  agree that all claims in respect of any such suit, action, or proceeding may be heard and determined by any such court, (b) waive to the fullest extent permitted by applicable law, any immunity from the jurisdiction of any such court or from any legal process, (c) agree not to commence any such suit, action or proceeding other than in such courts, and (d) waive, to the fullest extent permitted by applicable law, any claim that any such suit, action or proceeding is brought in an inconvenient forum.