Terms of Service

These Terms of Service govern your use of the Yavun website at yavun.com and any managed marketing services you engage us to deliver. Yavun is operated by Webcontentor, with offices in Billerica, Massachusetts, USA and New Delhi, India ("Yavun", "we", or "us").

By visiting our website, submitting an enquiry or signing a service agreement with us, you confirm that you have read, understood and agreed to these terms. If you are accepting on behalf of a business, you represent that you have authority to bind that business to these terms.

If you do not agree to these terms, please do not use our website or services.

Yavun provides managed marketing services to businesses, including campaign strategy, content creation, audience management and campaign delivery across email, WhatsApp, SMS and social media channels.

The specific services, deliverables, timelines and fees for each engagement are set out in a separate service agreement or statement of work between Yavun and the client. These terms apply alongside that agreement. In the event of a conflict between these terms and a signed service agreement, the service agreement prevails.

We reserve the right to modify, suspend or discontinue any aspect of our services at any time, with reasonable notice where practicable.

When using our website or engaging our services, you agree to:

• Provide accurate, current and complete information when requested.
• Use our services only for lawful purposes and in compliance with all applicable laws and regulations, including those governing email, SMS and WhatsApp marketing in your jurisdiction.
• Not use our website or services to send spam, unsolicited communications or content that is harmful, misleading, defamatory or infringing.
• Keep your account credentials and any access details confidential, and notify us promptly of any unauthorised use.
• Cooperate with us in good faith, including providing timely approvals, briefs and materials needed to deliver your campaigns.

When you provide us with contact lists or audience data for campaign delivery, you represent and warrant that:

• You have collected that data lawfully and hold the necessary consents, opt-ins or other lawful basis required to contact those individuals via the relevant channel (email, WhatsApp, SMS or social media).
• Your use of that data complies with all applicable privacy, marketing and anti-spam laws, including GDPR, the UK GDPR, the CAN-SPAM Act, TCPA, TRAI regulations and the WhatsApp Business Policy.
• You will honour all opt-outs and unsubscribe requests promptly and maintain up-to-date suppression lists.

Yavun will process contact data on your behalf as a data processor and will not use it for any purpose other than delivering the agreed campaign work. You remain the data controller and are solely responsible for the lawfulness of that data.

Unless otherwise agreed in writing, ownership of campaign assets - including copy, creative, templates and reports - produced by Yavun for a specific client engagement transfers to the client upon receipt of full payment for that work.

Yavun retains ownership of its own methodologies, tools, frameworks, templates and proprietary processes. Nothing in these terms grants you a licence to use Yavun's brand, logo or name without prior written consent.

All content on yavun.com - including text, graphics, logos and design - is owned by or licensed to Yavun. You may not reproduce, distribute or create derivative works from it without our written permission.

Each party may receive confidential information from the other in the course of an engagement - including business strategies, customer data, pricing and campaign performance. Each party agrees to:

• Keep the other's confidential information strictly confidential.
• Use it only for the purposes of the engagement and not disclose it to any third party without prior written consent.
• Apply at least the same degree of care it applies to its own confidential information, and no less than reasonable care.

These obligations do not apply to information that is or becomes publicly known through no breach of these terms, or that a party is required to disclose by law or court order.

Fees for Yavun's services are set out in your service agreement. Unless otherwise agreed:

• Invoices are due within 14 days of the invoice date.
• Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Yavun reserves the right to pause campaign delivery on accounts with overdue invoices until payment is received.
• All fees are exclusive of applicable taxes.

Third-party costs - such as channel fees, platform subscriptions or media spend - may be passed through at cost and will be itemised in your invoice.

These terms remain in effect for as long as you use our website or have an active service engagement with us.

Either party may terminate a service engagement by giving the notice period specified in the relevant service agreement. Where no notice period is specified, 30 days' written notice applies.

Yavun may terminate or suspend access to its services immediately, without notice, if you breach these terms, fail to make payment or engage in conduct that could expose Yavun or third parties to legal liability.

On termination, all fees accrued up to the termination date become immediately due. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability and governing law survive termination.

Yavun provides its services in good faith and with reasonable skill and care. However, marketing outcomes depend on many factors outside our control - including audience behaviour, channel algorithm changes and market conditions. We do not guarantee specific results, open rates, click rates, leads or revenue from any campaign.

Our website and its content are provided "as is" without warranties of any kind, express or implied. We do not warrant that the website will be uninterrupted, error-free or free of viruses or other harmful components.

To the fullest extent permitted by law, Yavun's total liability to you for any claim arising out of or in connection with these terms or our services - whether in contract, tort or otherwise - is limited to the fees paid by you to Yavun in the three months preceding the claim.

Yavun will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of revenue, loss of data or loss of goodwill, even if advised of the possibility of such damages.

Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud or any other liability that cannot be excluded by law.

These terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of law provisions.

Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts of Massachusetts, USA, except where mandatory local law in your jurisdiction requires otherwise.

We may update these Terms of Service from time to time. We will post the revised terms on this page with an updated effective date. For material changes, we will notify active clients directly.

Your continued use of our website or services after an update constitutes acceptance of the revised terms. If you do not agree to the revised terms, please stop using our website and contact us to discuss your service engagement.

If you have any questions about these Terms of Service, please contact us: