Terms of Service

1. Definitions and User Categories

"Consumer" means a natural person using the Service outside the scope of their trade, business, or profession, within the meaning of Section 419 of the Czech Civil Code and applicable EU consumer law.

"Business User" means any user who is not a Consumer, including any natural or legal person using the Service in connection with any trade, business, professional, or commercial activity — including trading or investing that is conducted in a business-like manner, via a legal entity, or on behalf of third parties.

Where these Terms grant Consumers rights or protections, those provisions apply only to Consumers. All other provisions apply to all users to the maximum extent permitted by applicable law. If you use the Service through or on behalf of a company or in the course of business, you are a Business User and warrant that you have authority to bind that entity.

2. Eligibility

You must be at least 18 years old and have full legal capacity to enter into a binding agreement. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate.

3. Description of Service

yap.watch is a data analytics platform that tracks public social media posts by political figures and public officials, cross-references them with financial market data, and surfaces insights through dashboards, charts, real-time alerts, and API access. The Service may include AI-generated analysis, predictions, sentiment scores, and market impact assessments.

yap.watch does not directly access, scrape, or crawl any social media platform's APIs or infrastructure. Content displayed through the Service is sourced from publicly available data and independent third-party providers.

The Service is an informational tool only. It is not a trading system, execution venue, investment advisory service, or financial product of any kind.

4. Accounts

4.1 Registration

Some features require an account. You agree to provide accurate and complete information, keep your credentials confidential, and notify us immediately of any unauthorized access. For details on how we handle personal data, see our Privacy Policy.

4.2 Account Responsibility

You are solely responsible for all activity under your account, whether or not authorized by you. We are not liable for any loss arising from any use of your account.

4.3 Suspension and Termination by Us

We may suspend or terminate your account or access to any part of the Service at any time, with or without cause and with or without notice, including where we suspect any violation of these Terms, any risk to the Service or other users, or any legal or reputational risk to the Operator. Upon termination your right to use the Service ceases immediately. Termination for breach does not entitle you to any refund. For Consumers, statutory rights regarding prepaid, undelivered services remain unaffected.

5. Free and Paid Plans

5.1 Free Tier

Free features are provided as-is, may be modified, limited, or discontinued at any time without notice, and create no entitlement of any kind.

5.2 Paid Subscriptions

Paid plans ("Subscriptions") are billed in advance on a recurring basis (monthly or annually) through our payment processor, Stripe. Subscriptions renew automatically until cancelled.

5.3 Pricing Changes

We may change Subscription pricing at any time. Changes take effect at the start of your next billing cycle. We will provide reasonable advance notice of material price changes; your continued renewal constitutes acceptance.

5.4 Cancellation

You may cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period; you retain access until that date.

5.5 Refunds

All payments are final and non-refundable to the maximum extent permitted by law. We do not offer refunds or credits for partial periods, unused features, dissatisfaction with data or AI Content, missed or delayed alerts, or voluntary cancellation. Billing disputes must be raised within thirty (30) days of the charge; after that, the charge is deemed accepted. This section does not affect non-excludable Consumer rights.

5.6 Payment Processing

Payments are processed by Stripe. By subscribing you also agree to Stripe's terms. You represent that your payment information is accurate and that you are authorized to use the payment method provided. We may suspend the Service for failed or disputed payments. If you initiate an unjustified chargeback, we may recover from you the disputed amount plus reasonable costs of contesting it, and terminate your account.

6. API Access and Data License

6.1 License

Subject to these Terms and your plan limits, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Service through our official API for your own internal use only. All rights not expressly granted are reserved.

6.2 API Keys

API keys are personal to your account. You must not share, publish, or expose them. You are responsible for all usage under your keys.

6.3 Rate Limits and Fair Use

We may impose or change rate limits, quotas, or other restrictions at any time. You must not circumvent, disable, or interfere with any limits or access controls.

6.4 Prohibited Data Use

You must not, directly or indirectly:

• Build, train, assist, or operate a competing product or service using the Service or its data
• Resell, redistribute, publish, sublicense, or make available data obtained through the Service to any third party without our prior written consent
• Scrape, bulk-export, cache beyond operational necessity, or systematically harvest data beyond the scope of your plan
• Train, fine-tune, evaluate, or develop any machine learning or AI model using data obtained through the Service without our prior written consent
• Remove, obscure, or alter any attribution or proprietary notice

6.5 Contractual Penalty (Business Users)

If you are a Business User and you breach Section 6.4 or Section 12 (Prohibited Uses), you agree to pay the Operator a contractual penalty (smluvní pokuta) of CZK 250,000 per breach, and CZK 10,000 for each day a continuing breach persists. Payment of the penalty does not affect our right to recover damages exceeding the penalty, to injunctive relief, or to immediate termination. Each act of unauthorized redistribution, model training, or resale constitutes a separate breach.

6.6 Audit

For Business Users: upon reasonable notice, you will provide information sufficient to verify your compliance with your plan limits and this Section 6.

7. Real-Time Alerts

We do not guarantee that alerts will be delivered, timely, complete, or accurate. Alerts you route to external services (Telegram, Discord, webhooks, email) are transmitted according to your configuration at your own risk and subject to those services' terms.

8. AI-Generated Content

AI-generated analysis, predictions, scores, and similar outputs ("AI Content") are produced automatically, are speculative, and are not verified by us. AI Content is informational only and is not advice; you are solely responsible for any decision you make based on it.

9. No Financial Advice; No Guaranteed Results

yap.watch is not a financial advisor, broker, dealer, or fiduciary, and is not licensed or supervised by the Czech National Bank or any other financial regulator. Nothing on the Service constitutes financial, investment, legal, or tax advice, or an offer or recommendation to buy or sell any asset.

We do not guarantee any trading or investment result. Trading involves substantial risk, including total loss. You use the Service at your own risk, are solely responsible for your decisions, and agree that the Operator, its suppliers, and data providers have no liability for any trading or investment outcome, including losses or missed profits.

10. Third-Party Content and Data Sources

10.1 Third-Party Content

The Service displays content and data originating from third-party sources. We do not own, control, verify, or endorse it. Third-party content remains subject to the rights of its originators.

10.2 Data Accuracy

All data is provided "as is" without any warranty of accuracy, completeness, reliability, or timeliness. Data may be delayed, wrong, or missing. Nothing in the Service should be treated as a real-time or authoritative record of market prices or of any person's statements.

10.3 Platform Trademarks

Third-party names, logos, and trademarks are the property of their respective owners; use is purely nominative. yap.watch is not affiliated with, endorsed by, or sponsored by any social media platform, data provider, or financial institution, or by any person whose public statements are analyzed by the Service.

10.4 Upstream Dependency

Our suppliers may change terms, interfaces, or availability, or cut off access, at any time. If that happens we may change, degrade, limit, or discontinue any feature without notice or liability, and such changes do not constitute a defect of the Service or grounds for refund (except any non-excludable Consumer rights for prepaid periods).

11. Intellectual Property

11.1 Our Property

The Service — including all software, databases, compilations, design, branding, and original content — is owned by the Operator and protected by copyright, database rights (including sui generis database rights under Directive 96/9/EC), trademark, and other laws. The Operator has made substantial investment in obtaining, verifying, and presenting the database contents; extraction or re-utilization of any substantial part of them (or repeated systematic extraction of insubstantial parts) is prohibited.

11.2 Your Content

You retain ownership of content you submit. You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, store, reproduce, and process it as necessary to operate, improve, and promote the Service.

11.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us freely and without restriction, compensation, or attribution, and you assign us any rights necessary to do so.

12. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose, including market manipulation or insider dealing
• Attempt unauthorized access to any part of the Service or connected systems
• Use bots, scrapers, or other automated means outside the official API and your plan limits
• Interfere with, disrupt, or place an unreasonable load on the Service
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent such restriction is prohibited by law
• Circumvent access controls, rate limits, paywalls, or security measures
• Impersonate any person or entity, or misrepresent your affiliation
• Build a competing product, or benchmark the Service for a competitor
• Redistribute, resell, or sublicense the Service or its data without written consent
• Frame, mirror, or republish any part of the Service

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that data, AI Content, or alerts will be accurate, complete, or delivered; that defects will be corrected; or that the Service will meet your requirements.

For Business Users, to the maximum extent permitted by Czech law, all statutory warranty rights and rights from defective performance (práva z vadného plnění) that can be excluded are excluded.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Excluded damages. The Operator shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for any loss of profits, revenue, savings, goodwill, data, or business opportunity, nor for any trading or investment losses or missed gains, however caused and under any theory of liability, even if advised of the possibility.

(b) Cap — Business Users. The Operator's total aggregate liability to a Business User for all claims arising out of or relating to the Service or these Terms shall not exceed the fees actually paid by that user to the Operator in the three (3) months preceding the event giving rise to the claim, or CZK 2,000 if no fees were paid.

(c) Cap — Consumers. The Operator's total aggregate liability to a Consumer shall not exceed the fees paid by that Consumer in the twelve (12) months preceding the claim.

(d) Waiver of right to damages (Business Users). To the extent permitted by Section 2898 of the Czech Civil Code, Business Users waive their right to compensation for damage caused by the Operator's negligence in connection with the Service.

(e) Claims period (Business Users). Any claim by a Business User must be notified to the Operator in writing within three (3) months of the event giving rise to it and filed within one (1) year, after which it is waived to the extent permitted by law.

(f) Carve-outs. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for damage caused intentionally or by gross negligence, damage to natural rights of an individual, or the Operator's fraud. Consumers' mandatory statutory rights remain unaffected.

(g) Basis of the bargain. You acknowledge that the pricing of the Service reflects this allocation of risk and that the Operator would not provide the Service on these terms without it.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Operator from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use or misuse of the Service or its data; (b) your violation of these Terms; (c) your violation of any law or third-party right; (d) your trading or investment activity; (e) any content or configuration you submit (including alert destinations); or (f) any claim by a third party who obtained Service data through you. For Consumers, this obligation applies to the extent permitted by applicable consumer law.

16. Set-Off and Assignment

Business Users may not set off any claim against our claims, nor withhold payments, nor assign any claim against the Operator to a third party, without our written consent. We may assign these Terms or any rights hereunder (including in connection with a sale of the Service or business) without your consent; notice will be provided for material assignments.

17. Changes to the Service

We may modify, suspend, degrade, or discontinue any part of the Service at any time — including features, data sources, coverage, alert channels, latency characteristics, or API endpoints — without prior notice or liability. For Consumers with active prepaid Subscriptions, if a change substantially degrades the core Service, your remedy is to cancel and receive a pro-rata refund of the unused prepaid period, which is your sole and exclusive remedy to the extent permitted by law.

18. Changes to These Terms

We may update these Terms at any time by posting the updated version and updating the Effective Date. Material changes will be notified via the Service or email where practicable, with changes for Consumers taking effect no earlier than 14 days after notice (except changes required by law or affecting only new features, which are effective immediately). Your continued use after the effective date constitutes acceptance. If you do not agree, your sole remedy is to stop using the Service and cancel.

19. Dispute Resolution

Before initiating formal proceedings, you agree to contact us at legal@yap.watch and attempt in good faith to resolve any dispute informally for at least 30 days.

Consumers in the Czech Republic may use out-of-court dispute resolution via the Czech Trade Inspection Authority (Česká obchodní inspekce, https://www.coi.cz) or the EU ODR platform.

20. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising from them are governed by the laws of the Czech Republic, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

For Business Users, the courts having jurisdiction over the Operator's registered office in the Czech Republic shall have exclusive jurisdiction; the locally competent court shall be the court of the Operator's registered office (prorogation per Section 89a of the Czech Civil Procedure Code).

For Consumers, disputes shall be resolved by the competent Czech courts; if you are a Consumer residing in the EU, you retain the benefit of mandatory provisions and jurisdictional rights of your country of residence.

21. Force Majeure

The Operator is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, power or internet outages, failures or withdrawal of third-party data providers or platforms, hosting or infrastructure failures, and cyberattacks.

22. EU Consumer Withdrawal Right

If you are a Consumer in the EEA, you have the right to withdraw from a distance contract within 14 days without giving a reason. By subscribing, you expressly request immediate performance of the Service and acknowledge that you lose the right of withdrawal once the Service has been fully performed; for digital content/services, you acknowledge that beginning delivery with your prior express consent forfeits the withdrawal right to the extent of Section 1837 of the Czech Civil Code. Where the withdrawal right applies to a partially performed subscription, you will reimburse a proportionate part of the price for performance provided before withdrawal.

23. Language, Notices, Miscellaneous

• Language. These Terms are executed in English. Any translation is for convenience only; the English version controls to the extent permitted by law.
• Notices. We may give notice via the Service or to your registered email; notice is deemed received on the day it is sent to that address. Notices to us must be sent to legal@yap.watch.
• No partnership. Nothing here creates any partnership, agency, or employment relationship.
• Severability. If any provision is invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remainder shall remain in full force.
• No waiver. Failure to enforce any provision is not a waiver of it.
• Survival. Sections 5.5, 6.4–6.6, 8, 9, 11, 13–16, 20, and 23 survive termination.
• Entire agreement. These Terms, the Privacy Policy, and any terms expressly incorporated constitute the entire agreement between you and the Operator regarding the Service and supersede all prior understandings. Business Users assume the risk of a change of circumstances (Section 1765(2) of the Czech Civil Code).
• Business terms acknowledgment (Business Users). You confirm that you have had a genuine opportunity to review these Terms, that no provision is surprising within the meaning of Section 1753 of the Czech Civil Code, and that these Terms were not concluded in distress or under strikingly disadvantageous conditions.

24. Contact

Email: legal@yap.watch Website: https://yap.watch