Terms and Conditions of Use

Yana App, S.A.P.I. de C.V., hereinafter referred to as "Yana," "We," or "Us," with address at Av. Paseo de la Reforma #404, Piso 1, Interior B, Col. Juárez, Del. Cuauhtémoc, C.P. 06600, Ciudad de México, México, with tax identification number YAP170328656 and website https://yana.ai/, as well as any other subdomain, linked or redirected domain, and/or mobile application ("App") compatible with the Android and iOS operating systems (hereinafter referred to as the "Platform"), makes available to you the following Terms and Conditions of Use.

By accepting these Terms and Conditions of Use, you acknowledge having read and accepted the Privacy Notice applicable to the processing of your personal data, available at the link https://yana.ai/privacy/, which, together with the Terms and Conditions of Use, constitute the entire agreement between you and Yana.

1. Acceptance of the Terms and Conditions of Use.

By entering, browsing, and/or using the services of our Platform, you are accepting the Terms and Conditions of Use contained in this document, and you are expressly declaring your acceptance through electronic means, in accordance with the provisions of Article 1,803 and other relevant sections of the Federal Civil Code.

If you do not fully and completely accept the Terms and Conditions of Use, you must refrain from accessing, using, and/or browsing the Platform and/or any other service offered by Yana.

Yana will not keep an individualized copy of this agreement between you and Yana, so we recommend keeping a copy of these Terms and Conditions of Use for your own records.

In the event that you violate the provisions of these Terms and Conditions of Use, you agree that Yana may cancel your access, exclude you from future operations, and/or take legal action deemed appropriate for its interests.

Yana does NOT provide, nor will it provide, medical or clinical advice. Yana is NOT designed for use in crisis situations. In case of a crisis, please contact the crisis helpline at 911.

2. Definitions.

For readability, Yana provides you with definitions of the following concepts, which will appear throughout this document. The following words should be interpreted as defined in this section. For differentiation purposes, these terms will be described with the first letter capitalized, and only when used in this format should they be interpreted as such.

The defined terms will be used regardless of the grammatical gender or number with which they are expressed, without affecting their meaning. The meaning given in this Agreement should prevail.

3. Nature of the Platform

Yana is a digital self-help platform designed to provide virtual support on the path to emotional well-being without human mediation or interaction. This is achieved through pre-designed and/or auto-generated conversations using artificial intelligence algorithms and conditioned by algorithms (ChatBot) (the 'Services').

By using the Platform, you acknowledge and understand that Yana, the Platform, and its content are solely and exclusively for informational purposes and are NOT designed for use in crisis situations, such as abuse or complex mental health conditions, severe enough to provoke suicidal thoughts, self-harm, harm to others, and/or any medical emergency. Therefore, the Platform does not provide, nor will it provide, medical or clinical advice. The Services can only suggest that in a crisis, you seek specialized medical attention. We always recommend seeking the advice of your doctor or specialist for any questions related to your physical or mental health.

The conversations you have with Yana's ChatBot within the Platform are part of decision trees created by specialists based on psychological and scientific elements and approaches. These conversations may also be generated in real-time through the use of generative artificial intelligence technologies. Under no circumstances should these conversations be interpreted as a diagnosis or understood as professional medical treatment, as Yana is NOT a health service nor a substitute for one.

The information on health-related symptoms in the application is based on national and international standards, and the results are programmed according to predefined profiles specified by external specialists in the health sector. They should NOT be interpreted as a diagnosis and are not a substitute for advice and evaluation from a certified professional.

You should never ignore the advice of a doctor or stop seeking professional help based on something you read on Yana. In the case of mental or emotional crisis, it is essential to contact a specialist directly or crisis helplines. Also, if you believe that you or someone else is considering self-harm, it is recommended to contact:

Crisis helplines in Mexico:

• Emergencies at 911.
• Citizens Council at (55) 5533 5533.
• Telemedicine at (55) 5132 0909.
• SAPTEL at (55) 5259 8121.

Within the Platform, you can find a directory of Specialists who can address your health condition. Specialists are NOT endorsed, nor have they worked with, or for Yana, so Yana cannot recommend them. In the event that you decide to accept the provision of services from any of the Specialists, it will be under your exclusive and absolute responsibility.

4. Rules regarding the use of the Platform.

By using our Platform, you commit to using it diligently, correctly, lawfully, and in accordance with morality and good customs. Therefore, you agree to be liable for damages of any kind that Yana may suffer, directly or indirectly, as a result of the breach of any obligations arising from this Contract.

In accordance with the laws of Mexico, access to and use of the services and the Platform is intended only for individuals over 18 (eighteen) years of age. Consequently, by using the Platform, you affirm under oath that you are over 18 (eighteen) years of age and have the necessary legal capacity to understand and accept this Contract.

Yana takes the privacy and protection of your data very seriously; therefore, we make available to you the Privacy Notice, which can be found at https://yana.ai/privacy/. We recommend reading it before using our Platform and other services.

To ensure the proper provision of services, we recommend authorizing the necessary and sufficient accesses on your computer, mobile device, and/or tablet.

5. Restrictions for Minors.

If you are between 13 (thirteen) and 17 (seventeen) years old, Yana understands that you have the express consent of your parents or guardians, with the understanding that under no circumstances should Yana interact with minors under 13 (thirteen) years old. Therefore, if you are a minor and do not have the authorization of your parents or legal guardians, or if you are under 13 (thirteen) years old, we ask that you refrain from using the Platform.

Parents or guardians of minors will be responsible for the actions taken by the minors under their care, as stipulated by these Terms and Conditions of Use, including damages caused to third parties and/or actions prohibited by law and/or the provisions of this agreement.

If you are not a Mexican citizen, you are obligated not to use Yana's services, as long as the legislation applicable to you designates you as a minor.

6. Creating a Profile (Yana Account).

To ensure the proper provision of services on the Yana App, you must create a Profile (Yana Account) by following the steps indicated on the Platform.

During the registration process, you are agreeing to receive emails and/or messages via WhatsApp (in case the interaction begins through that means) with promotional content from the Platform. However, subsequently, you can choose not to receive such promotional notifications by clicking on the link at the bottom of them.

Upon registration, you declare that the data provided to Yana is real, accurate, and corresponds to reality and the present moment. Yana accepts them as true, and it will not be responsible for any false data you enter.

Yana cannot guarantee the identity of registered Users; therefore, it is not, nor will it be, responsible for the use of a registered User's identity by third parties. As a User, you are obligated to inform Yana immediately of the theft, disclosure, or loss of your password or username by emailing the following address: [email protected], so that we can cancel your Profile (Yana Account) as soon as possible.

7. Password.

In doing so, you are committing to keeping your password secure, confidential, and not allowing anyone else to use your email address or password to access the Platform. You are fully responsible for all activities that occur under your name, email, or Profile (Yana Account), so it is crucial that you notify us of any unauthorized use of your password or Profile (Yana Account). Yana will not be responsible, directly or indirectly, for any loss or damage of any kind incurred as a result of non-compliance with this section.

8. Profile Deactivation (Yana Account).

If you decide to do so, you can request the deletion of your Profile (Yana Account) by accessing the settings menu. The system will prompt you to enter the reason why you want to delete your Profile (Yana Account), and once the reason is provided, your profile will be deleted. If you delete your Profile (Yana Account), both subscriptions and One-Time Purchase accesses will be lost and cannot be recovered.

If you choose to delete your profile and have purchased a subscription, we recommend that, to avoid future charges, you directly access your Apple or Android account to cancel the billing recurrence, as this is a unique management handled by the stores, and Yana does not have the authority to stop charges.

9. Yana Premium.

Our Platform provides free access to the basic features of Yana. However, if you wish to use the premium services we offer, you can access one of the subscription plans or purchase permanent access or access for 24 (twenty-four) hours to a specific function ('One-Time Purchase').

A) Subscription Plan

The Subscription option is the means by which you can access all the premium features offered by the Platform through a periodic and recurring payment. The duration will depend on the plan you select, and it will remain valid as long as you do not cancel your subscription or fail to make the corresponding payment. Otherwise, you will lose access to the premium services.

B) One-Time Purchase.

On the other hand, the One-Time Purchase option is available for users who wish to acquire access to a specific function of the Platform. Unlike the Subscription (which is a recurring payment), the One-Time Purchase option is obtained through a single payment that grants you permanent access (One-Time Purchase Permanente) or access for 24 (twenty-four) hours ('One-Time Purchase Daily Pass') to that specific function.

To enjoy all the services offered by Yana Premium, it will be necessary to subscribe to a Subscription.

C) General Conditions for Yana Premium services.

If you choose to subscribe to any subscription plan or opt for a One-Time Purchase access, you must adhere to the following rules:

• The Subscriptions are personal. Group or institutional use of the Platform's content is not allowed. If you require group access, we suggest you contact us at the email [email protected] to explore the options Yana could offer you.
• Subscriptions will remain valid as long as you do not cancel the Subscription and continue to make the corresponding payments.
• If you delete your Profile (Yana Account), you will lose permanent access to your Subscription and One-Time Purchase. However, the Subscription will not be automatically canceled since this is managed by the app stores. We recommend directly accessing the Apple or Android store to manage your subscription and cancel it. If you wish to open a new account, you will have to repurchase either a Subscription plan or your One-Time Purchase since these cannot be transferred from one account to another, even if they belong to the same user.
• Subscriptions, as well as One-Time Purchase accesses, cannot be transferred from one account to another, even if they belong to the same user.
• If you purchase a periodic Subscription plan, you cannot acquire One-Time Purchase accesses, as the Subscription provides access to all premium features of the Platform
• If you acquire a One-Time Purchase access, which only gives you access to a specific function (permanently or for a limited time), you can, if you wish, acquire a periodic Subscription plan that gives you access to all premium features of the Platform.

D) Subscription Validity

The Subscription mode for the services offered by Yana will remain active as long as you do not cancel your Subscription from the Apple or Android app stores, or if the payment is rejected by the Payment Platforms.

E) Subscription Charges.

At Yana, we reserve the right to modify the plans and costs of Subscription plans at any time, notifying you of such a situation through a notice within the Platform, at least 30 (thirty) natural days prior to the modification. Any modification in prices or Subscription plans will be reflected in the system once 30 (thirty) natural days have passed since the notification. If you continue to use Yana's Services after the aforementioned notice, it will be understood as your express acceptance of the change in the Subscription cost.

Any other additional charges you incur in relation to the use of Yana's Services, such as taxes and possible transaction fees (if applicable), are additional to the Subscription payment and will be charged to the payment method you have selected on the specific billing date indicated on the page.

The duration of a billing cycle is the period from when you acquire a Subscription plan until the expiration of the same package, meaning the billing cycle depends on the Subscription plan and the date you acquired it. In certain cases, the payment date might change, for example, if the payment method was not successfully established or if the paid Subscription started on a different day than the Subscription day.

F) Cancellation of the Subscription.

If you wish, you can cancel your Subscription at any time, retaining access to the Services until the end of your billing period. To cancel your Subscription, you must log into the Platform and follow the cancellation instructions and/or go directly to the Apple or Android stores to manage your Subscription. In this case, the Subscription will automatically close at the end of your billing period, and you can use the free services if available, and reactivate your Subscription at any time. One-Time Purchase accesses will remain valid as long as you do not delete your Profile, whether or not you have an active Subscription plan.

Yana informs you that, due to the nature of the services provided, the payments you incur are non-refundable. Therefore, no refunds, discounts, or credits will be granted for the contracted and unused or partially used Subscription periods, as well as for One-Time Purchase accesses.

10. Free Trials.

When acquiring any of the services offered by Yana, you may or may not start with a free trial, the duration of which will depend on the requested service. If you commence the services with a free trial and do not cancel the service at the end of the trial period, the charge for the first billing cycle will be processed.

Yana determines the duration and terms of the free trial at its sole discretion, reserving the right to revoke the free trial and/or suspend any account that, in Yana's judgment, violates or abuses the specified terms.

Yana will recurrently charge the subscription in accordance with the billing cycle of the service acquired through the selected payment method at the time of completing the form unless you decide to cancel the subscription before the end of the free trial period.

11. Promotions.

Yana will inform both within the Platform and to Users subscribed to the newsletter, via email or WhatsApp, about all future promotions, discounts, and opportunities, along with their respective dates and conditions. Promotions will have specific terms and conditions, and if you are interested in participating, you are responsible for reading, understanding, agreeing to, and accepting those terms and conditions.

12. Specialists.

Within the Platform, you can find a directory of Specialists who can address your health condition, and they are NOT part of Yana. The Specialists are NOT endorsed, have not worked with, nor for Yana, so Yana cannot recommend them.

If you decide to avail yourself of the services of any of the Specialists, it will be under your sole responsibility. Yana cannot guarantee, in any way, the services provided by the Specialists. Due to this, by using Yana's services, you acknowledge and accept that Yana is not and will not be responsible for any negligence, violation, crime, malpractice, or similar actions performed by the Specialist.

13. Payment Method.

The services offered on the Platform, unless a different method is specified for particular cases, will be paid in the currency indicated by the e-commerce store through which the application is downloaded: Apple Store if you have a device with iOS technology, or Google Play Store if you have a device with Android technology. If you request the cancellation of a subscription, you must do it through the store where you downloaded the application to avoid recurring charges to the payment method you have provided.

The available payment methods will depend on the country of residence and the terms and conditions of the Payment Platforms.

Access to Yana Premium services will have the prices displayed on the Platform. If you update your payment method in the account you created by filling out the forms established by Yana, it will be understood that you authorize Yana to make charges to the corresponding payment methods.

14. Electronic Billing Policies.

All payments you make for Yana Premium services are made directly to the Payment Platform of the e-commerce store through which you acquired the application. Therefore, that platform will be responsible for issuing the corresponding receipts and/or invoices. We suggest that, before making the corresponding payment, please read the terms and conditions of your Payment Platform.

15. Refunds for Cancellations.

You can cancel your purchase of a Subscription plan and/or a One-Time Purchase (with the exception of Daily Pass One-Time Purchases) directly through the Platform or by sending an email to [email protected]. However, you can only request a refund when you cancel and request a refund within the 24 (twenty-four) hours following the payment, stating the reasons for the cancellation and providing evidence to support it. If you do not request it within the specified period or if the cancellation request is made more than once, the refund will not be processed.

Yana informs you that, due to the services provided, payments incurred, except as mentioned above, are generally non-refundable. Refunds, discounts, or any credit will not be granted for unused or partially used subscription periods or One-Time Purchase accesses. If requested, these will be subject to analysis by Yana.

If payment was made by debit or credit card, the refund will be processed through a chargeback to the same card used. If payment was made by other means, the refund will be made through a bank transfer to the account you specify for this purpose.

Refund Period

If Yana has validated the validity of the process, we will process the corresponding refund within 60 (sixty) calendar days from the date Yana validates the eligibility for cancellation.

16. Official Communication Channel and Advertising Emails.

By using the Platform, you are accepting and acknowledging that the email, SMS, or WhatsApp number you provide when using Yana's services will be the official communication channel between you and Yana. You must keep it valid and functional at all times, understanding that the mere receipt on the server will be deemed as effectively received and accepted, regardless of whether you read the notifications or not.

17. Instant Messaging Services.

Yana will make available to you a ChatBot through the instant messaging application commercially known as WhatsApp®, allowing immediate access to the virtual support services offered by Yana. The service is carried out through a bot or programmed conversations, and no human is involved in the conversations.

If you wish to receive virtual support services and/or general information about Yana, you must accept the terms and conditions and the privacy notice of WhatsApp®, start a conversation through the application, and follow the instructions of the bot. By allowing access to your WhatsApp® session, you release Yana, its employees, and officials from any liability for the misuse of the ChatBot.

Due to the nature of internet-based services, you acknowledge and accept that they are subject to usage restrictions, limitations, and external factors beyond Yana's control. As WhatsApp® is a third-party application, it may experience interruptions or delays, which may cause the ChatBot to function improperly until the service normalizes.

18. Free Chat.

The Platform allows you to make comments and/or engage in conversations with the ChatBot through free text, and any posts or conversations with Yana will be the sole responsibility of the sender.

Yana reserves the right to take any appropriate action if, through free text functionality, you make any comments that could be construed as constituting a crime. Yana cannot identify the sender of the texts. However, if Yana becomes aware or suspects a crime or a violation of the Code of Conduct, it may or may not contact the infringing User to deny, limit, or restrict their access and/or use of the Platform. Additionally, if deemed necessary, Yana may notify the relevant authorities of any suspicion of a crime.

19. Use of Artificial Intelligence in the Provision of Yana Services.

We want to inform you that Yana does use artificial intelligence tools to provide its services, acting as an interface to enhance communication and improve your user experience.

The artificial intelligence tool used by Yana is We at OpenAI OpCo, LLC ('OpenAI'). Therefore, to use Yana's services, it is essential that you read and accept the terms and conditions (https://openai.com/policies) as well as the privacy notice (https://openai.com/policies/privacy-policy) of OpenAI. If you do not agree with all the terms and conditions and the privacy notice, you must refrain from using Yana's services.

Yana reminds you that the use of Artificial Intelligence helps us provide you with a better experience. However, the responses generated are not crafted or reviewed by humans. Therefore, we ask you to take the information provided by Yana responsibly and always consult with a professional if necessary. Similarly, if you feel that Yana provided an inappropriate response or if you have any issues, discomfort, doubts, comments, or suggestions, please contact us immediately at the following email address: [email protected].

Yana will use OpenAI tools to make communication with the User more fluid and organic. However, the responses from Yana will be generated based on the context of the communication with the User. Yana does not take sides on any political, sports, or religious movements or ideologies. If any of Yana's responses relate to these points, please let us know so we can correct it. Remember that the message generated by Yana will depend a lot on the context of the conversation.

20. Obligations regarding Resources and Equipment.

By using the Platform, you acknowledge and agree that to make proper and optimal use of the services we offer and to access the available courses, you must have:

• Stable Internet connection; and
• Active JavaScript, cache, and cookies.

Yana is not responsible for the inadequate quality of the equipment or in cases where the internet connection you use hinders or prevents access to the services.

21. Code of Conduct.

By using or browsing the Platform, you are obligated to observe and obey the following conduct guidelines:

• Report any unforeseen events, technical failures, and/or any other relevant information that could impede, hinder, or affect the provision of services.
• Do not impersonate another User.
• Do not sell, lease, modify, delete, lend, disclose, or transfer content, material, or intellectual property rights of the Platform.
• Do not disseminate content or propaganda of a racist, xenophobic, pornographic nature, or that promotes terrorism or goes against human rights. The person who illicitly incorporates expressions, opinions, or comments will be solely responsible. Yana will limit itself to making the corresponding notification to the competent authorities, if necessary.
• Do not engage in acts contrary to the Intellectual and/or Industrial Property rights of their legitimate owners.
• Do not use the Platform, as well as the content and services offered through it, in a way that could impede its normal functioning or harm the assets and/or rights of Yana, its providers, or, in general, any Third Party.

Failure to comply with the Code of Conduct could lead to Yana canceling, restricting, or limiting your access to the Platform's services, as well as excluding you from future operations, and/or taking legal action it deems appropriate for its interests.

22. Hacking.

By using the Platform, you acknowledge and agree that it is prohibited to violate or attempt to violate the security of the Platform, including:

• (a) Chatting with Yana using phrases that may force the ChatBot to go against the established rules (Prompt injection);
• (b) accessing data that you are not authorized to use or logging into a server or account for which the User does not have authorized access;
• (c) attempting to examine, scan, or test the vulnerability of a computer system or network, or circumvent security or authentication measures without proper authorization;
• (d) attempting to interfere with the use of any other User, hosting service, or network, including, but not limited to, transmitting a virus to the Site or Yana's affiliated websites; causing congestion of such sites through "flooding," "spamming," "mailbombing," or "crashing";
• (e) sending unsolicited emails, including promotions and/or advertising; or
• (f) forging any TCP/IP packet header or any part of header information in any email or newsgroup posting;
• (g) Reverse engineering, or engaging in activities to copy, modify, alter, or access the Source Code of Yana; and/or
• (h) Using the Platform to obtain information or access Yana's trade secrets to develop a service that competes with Yana.

You acknowledge that violations of the computer system or network security can result in civil and/or criminal liabilities. Yana will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; Yana will cooperate with the competent authority in the investigation of such violations as provided by applicable law.

Similarly, Yana reserves the right to block access or partially or completely remove any information, communication, or material that, at its sole discretion, may be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of copyright, trademarks, confidentiality, trade secrets, or any intellectual property rights of a third party; (iv) offensive; or (v) in any way contrary to the provisions of this Agreement.

Yana cannot guarantee that the Content of the Platform can be legally viewed outside of the United Mexican States. Access to the Content may not be legal for certain individuals or in certain countries. If you access the Content from outside of Mexico, you do so at your own risk and are responsible for complying with the laws within the jurisdiction where you are located.

23. User Responsibilities.

By accepting these Terms and Conditions, you hereby acknowledge that you understand, accept, and recognize that you are solely responsible for complying with the local or national laws applicable to your location. Therefore, you shall be liable for any damages of any kind that Yana, its officers, directors, employees, contractors, and/or suppliers (including, without limitation, the software provider) may suffer, directly or indirectly, as well as for losses, costs, expenses, claims, demands, liabilities (including legal expenses), regardless of their cause, that may arise as a result of the breach of any obligations arising from this Agreement.

By accepting these Terms and Conditions of Use, you declare that:

• You act in your own name.
• You are 18 years old or older and/or have the legal age for contracting services according to the legislation governing your nationality.
• You engage in lawful activities and are not involved in criminal or illegal activities, nor do you intend to use your Profile (Yana Account) in connection with such activities.
• You do not use or intend to use or allow anyone else to use your Profile (Yana Account) for any illegal or prohibited purpose, including, without limitation, fraud or money laundering, under the laws of Mexico and/or any other applicable legislation to Yana.

Yana reserves the right to assume the defense and control of any matter or claim that involves or could involve the payment of compensation associated with any breach on your part. Therefore, you agree to cooperate with Yana in developing relevant defenses.

24. Disclaimer and Limitation of Yana's Liability.

You acknowledge and agree that Yana is solely an informational site and not a medical device that provides medical opinions or diagnoses. The Platform is not a healthcare service, nor a substitute for it, and there will be no human interaction at any time. Therefore, you expressly and irrevocably release Yana from any obligation and/or liability regarding your care, obligating yourself to seek attention and a diagnosis from a duly accredited healthcare specialist.

You acknowledge that you do not reserve, nor will you exercise any action of any nature against Yana, its partners, shareholders, employees, agents, and collaborators, affiliated and/or subsidiary companies, or any other member of Yana, as well as business partners and suppliers. This includes any direct or indirect risks that you may suffer or encounter, or that may happen to people interacting with the Platform. This includes, but is not limited to, self-diagnoses, any type of affective or mental disorder, misinterpretation of symptom evaluation results, contact with Third Parties, misdiagnosis by Third Parties, or any other risk that may arise from the interaction between you and Third Parties from Yana's directory.

You understand that the network of Specialists provided within the Platform has no relationship with Yana and is for informational purposes only if you do not have your own specialist. You recognize that any information from Third Parties, the use of data, and interaction with them are solely your responsibility. Therefore, you release Yana from all liability for the use, diagnosis, compensation, consultation, scheduling, or any other matter related to any of the Specialists.

You agree to hold harmless Yana, its directors, employees, shareholders, subsidiaries, affiliates, agents, and licensors from any damage that Yana may suffer from any matter related to the network of Specialists and/or specialized Third Parties.

Yana does not provide express warranties regarding the truthfulness, timeliness, suitability, reliability, availability, timeliness, security, or continuity of the operation and functioning of the Platform's services and content. This includes information, advertising, marketing, and promotions from Third Parties, nor the absence of viruses or other harmful components, accuracy, utility of the Platform's Content and/or Services.

The Platform may contain technical link devices, such as hyperlinks (links), advertisements, buttons, images, directories, and/or search tools, among others, that allow you to access other internet sites over which Yana has no control or surveillance. Therefore, if you access or use such links, it will be at your own and exclusive responsibility.

The information, concepts, and opinions published on the Platform do not reflect Yana's position or that of its employees, officers, directors, shareholders, licensees, and concessionaires. For this reason, Yana will not be responsible for any information, opinions, and concepts expressed on the Platform. If you wish to obtain more information on a specific topic provided by Yana or its providers, you must consult directly with each of them, as appropriate, and/or with a specialist in the field.

To the maximum extent permitted by applicable laws, Yana will not be liable, in any case, for direct, special, incidental, indirect, or consequential damages arising in any way or related to:

• The use or performance of the Platform with the delay or lack of availability of Yana.
• The supply or lack thereof of services, any information, or graphics contained or published on or through the Platform.
• The update or lack of updating of information.
• The alteration or modification, in whole or in part, of the information after being included on the Platform.

All of the above scenarios will apply even in cases where Yana has been notified or informed of the possibility of such damages occurring.

25. Responsibility for External Factors.

For proper access to the Platform, you must have the necessary equipment and installations for your Internet connection (computer, phone, modem, etc.), and the use of these devices is entirely your responsibility.

You accept and acknowledge that Yana is exempt from any responsibility for interruptions or suspensions of the Internet access service caused by failures in the telecommunications system, power supply failures, force majeure events, or third-party actions that may disable the equipment providing network access. Yana will not be responsible for any viruses that may infect your equipment as a result of accessing and/or using the Platform or due to any data, files, images, texts, or audios transferred through it. Yana does not guarantee continuous or uninterrupted access and use of the Platform.

Additionally, Yana is not and will not be responsible for the use of Internet sites that you may access through links contained in the Platform. These links and other referenced resources are provided solely as a service to Users of the World Wide Web, and their inclusion in the Platform does not constitute an endorsement or affiliation with Yana.

26. Violations.

In Yana, we reserve the right to take any action we deem appropriate in case of non-compliance with the provisions outlined in the Agreement, which may include, at our sole discretion, canceling or suspending access to any or all Contents or Services of the Platform at any time, without prior notice, on our own initiative or at the request of third parties for any reason, including, without limitation, those users who misuse the Platform.

Likewise, by accepting this, you agree to indemnify Yana, its affiliates, suppliers, employees, vendors, and advisors from any action, demand, or claim (including attorney's fees and court costs) arising from any breaches on your part to this Agreement, including, without limitation, those arising from:

• Any aspect related to the use of the Platform.
• Defamation, libel, or any other conduct in violation of this Agreement.
• Violations of applicable laws or international treaties regarding copyright or intellectual property rights, whether in content or available on, or through the Platform.

In the event that you become aware of any violation of this Agreement or believe that your rights have been violated, we ask that you inform us so that we can try to reach a solution.

27. Intellectual Property.

By accessing the Platform, you acknowledge that the Platform, its logos, and all the material appearing on it, such as trademarks, domain names, trade names, and artistic works, are the property of their respective owners and are protected by international treaties and applicable laws regarding intellectual property and copyright.

The copyright on the Content, organization, compilation, information, logos, photographs, images, programs, applications, and generally any information contained or published on the Platform is duly protected in favor of Yana, its affiliates, suppliers, and/or their respective owners, in accordance with applicable legislation on intellectual and industrial property.

It is expressly prohibited to copy, reproduce, adapt, modify, alter, or delete, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos, or generally any indication referring to the ownership of the information contained on the Platform. In case you transmit to Yana any information, programs, applications, software, or generally any material that requires licensing through the Platform, you hereby grant Yana a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, including the right to sublicense, sell, reproduce, distribute, transmit, create derivative works, display, and publicly perform them.

The provisions of the preceding paragraph will also apply to any other information you send or transmit to Yana, including, without limitation, questions, criticisms, comments, and suggestions to renew or improve the Platform, whether these have been included in any space on the indicated page or through other known or future means or modes of transmission.

Therefore, you expressly waive any action, lawsuit, or claim against Yana, its affiliates, or suppliers for any current or future violation of any copyright or intellectual property right arising from the information, programs, applications, software, ideas, and other material you send to the Platform.

If you believe that any Content published on the Platform violates intellectual or industrial property rights, you may make a notification by contacting Yana through the email [email protected], indicating:

1. Personal data such as the claimant's name, address, telephone number, and email address;
2. Handwritten signature of the holder of the intellectual property rights;
3. Precise and complete indication of the protected content(s) through the allegedly infringed intellectual property rights, as well as the location of such violations on the referred Platform;
4. Express and clear statement that the introduction of the indicated content(s) has been carried out without the consent of the holder of the allegedly infringed intellectual property rights; and
5. Express, clear, and under the responsibility of the claimant, that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights.

28. Advertising material.

You acknowledge and agree that some parts of the Platform may contain information, images, advertisements, and other advertising or promotional material from sponsors, who are responsible for ensuring that the Advertising Material submitted for inclusion in the Platform complies with relevant laws and regulatory codes. Yana is not and will not be responsible for any errors or inaccuracies in Advertising Materials.

Likewise, you acknowledge and agree hereby that such Advertising Material is protected by the laws of intellectual and industrial property applicable.

29. Limited License of the Platform.

Yana hereby grants the User a limited, non-exclusive, revocable license, without the right to sublicense, to use the Platform in accordance with this Agreement. This license will remain in effect as long as the relationship between Yana and the User is maintained or until canceled by Yana. If, according to the law, it is necessary to establish a term for the license granted by Yana, it will be valid for 1 (one) year, automatically renewable for periods of the same duration until canceled or when the relationship between Yana and the User ends for any reason.

In the event that Yana uses any third-party software included in the Platform, it is provided to the User in accordance with the usage licenses, terms, and conditions, as well as restrictions established by its owner.

Yana is responsible for operating, maintaining, and presenting information and content on the Platform. However, these contents may come not only from Yana but also from Third-party sites or Specialists. Therefore, Yana is only responsible for the operation and content it owns. Regarding Third-party content, Yana's responsibility is limited to presenting the content "as is" as provided.

The User may only print and/or copy any information and/or image contained or published on the Platform for personal use. Commercial use of such information is expressly and strictly prohibited. This license will remain in effect as long as the relationship between you and Yana is maintained.

Reprinting, publishing, distributing, assigning, sublicensing, selling, electronic or other reproduction, in whole or in part, of any information, image, document, or graphic appearing on the Platform for any non-personal, commercial use is expressly prohibited unless you have prior written authorization from Yana. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section without prior notice.

30. Confidentiality.

Yana strives to maintain the confidentiality of information received and designated as such, in accordance with applicable legal provisions in Mexico. We will handle your information in accordance with the corresponding Privacy Notice. Yana assumes no obligations regarding any other information that is not considered personal data.

Any information disclosed by Yana, its affiliates and/or subsidiaries, verbally, electronically, visually, in writing, or in any other tangible form, including but not limited to ideas, formulas, databases, standards, articles, studies, brochures, publications, manuals, systems, procedures, reports, technical reports, minutes, know-how, trade secrets, patents, copyrights, software, licenses, data, inventions, algorithms, techniques, processes, marketing plans, advertising, strategies, forecasts, confidential information of third parties, customer lists, contacts and/or suppliers, business plans, market analysis, market knowledge, or any other technical, economic, or related information concerning operations, business development, product development, new projects, finances, marketing, advertising, commercial promotions, logistics, promotional exchange operations, or any other information whose disclosure, exposure, business or otherwise is and will remain at all times the property of Yana. Therefore, you acknowledge that you acquire no rights, licenses, ownership, or interests in it, and are limited expressly and exclusively to using it for the purposes indicated by Yana.

By using the Platform, you agree not to appropriate, use, or exploit, directly or indirectly, for your benefit or that of third parties, and not to disclose or reveal to third parties any Confidential Information to which you have had, have, or will have access in the future. You also agree to take all reasonable measures to prevent any unauthorized disclosure and/or misuse of Confidential Information.

By using our services, you agree that Yana has the right to communicate with you by email or push notifications (a push or automatic notification is a short message that appears as a popup in the desktop browser, mobile app home screen, or in the device notification center), as well as to send any lawful information that may be of interest, including advertising and information about offers and promotions, if necessary.

31. No association.

The use of the Platform and/or its Content does not create any partnership, professional trustee, or other type of association. Therefore, by using the Platform, you accept these terms and conditions and acknowledge that there is no partnership, company, employment relationship, subordination, agency, commission, or similar relationship with Yana under this Agreement.

32. Assignment of rights.

Yana may, at any time and as deemed appropriate, assign in whole or in part its rights and obligations arising from this Agreement. With such assignment, Yana will be released from any obligation established in this Agreement.

33. Ineffective provisions.

In the event that any clause or part of this Agreement is deemed unenforceable or declared null or invalid under applicable law, it will be replaced by a term or condition that is valid and can fulfill the purpose of the unenforceable or null or invalid clause or part. The remaining terms and conditions will continue to be in full force. Any right not expressly granted in this document is understood to be reserved to Yana.

34. Additional terms.

Occasionally, Yana may add specific Terms and Conditions for different courses and services offered on the Platform, which will be posted in specific areas for your reading and acceptance. Therefore, you acknowledge and agree that additional terms and conditions are an integral part of this Agreement for all legal purposes.

35. No waiver of rights.

Yana's inactivity, its affiliates' or providers' exercise of any right or action arising from this agreement, at any time, should not be interpreted as a waiver of such rights or actions.

36. Validity.

You acknowledge that the Terms and Conditions of Use are of unlimited validity and will come into effect upon their publication on the Platform.

Yana reserves the right to make alterations to this document without prior notice. Therefore, Yana recommends that you regularly read this document to stay informed about any potential modifications. Any modification to this Agreement will become effective immediately after its publication on the Platform.

Once modifications are made, if you continue to use the Platform, it will be presumed that you have full knowledge, have read, and consented to the amended Terms and Conditions of Use. If you do not accept the modified Terms and Conditions of Use, you must cease using the Platform.

Yana may, at any time, suspend access to the Platform and/or terminate these Terms and Conditions of Use. The termination of these Terms and Conditions of Use will not, in any case, imply that Yana is obligated to indemnify you.

37. Section titles.

Both Yana and you agree that the titles assigned to each section in this document are established solely for their convenience and should not be considered in the interpretation of this Agreement.

38. Force majeure.

Access to the Platform may be suspended for technical reasons or due to force majeure, the latter being understood as any event or circumstance that could not have been foreseen by Yana or that, foreseeing it, has been inevitable and directly influences the fulfillment of the Agreement so that the delay cannot be addressed with other measures or prevents compliance with the established obligations, including but not limited to fire, floods, earthquakes, acts of nature, acts of war, terrorism, lightning storms, civil unrest, uprisings, revolutions, epidemics, health emergencies, widespread presence of pathogens, administrative orders issued by competent authorities, widespread technological restrictions, hacking or technological attacks, widespread loss of internet, and/or any others that may apply or have been determined in accordance with applicable regulations or generally accepted legal doctrine.

These causes, expressed as examples but not limited, have the nature of unforeseeable events or, if foreseen, are inevitable, so Yana is exempted from any responsibility in this regard.

39. Comments, complaints, and suggestions.

For any comments or suggestions, we provide the following email address: [email protected]

Any comments, suggestions, proposals, studies, offers, or in general any type of information you send via email, phone, and/or any other means of communication will not imply Yana's acceptance of any commitment or obligation.

40. Applicable jurisdiction.

You acknowledge and accept that this Agreement is governed by the laws of Mexico. Regardless of your location or nationality, you agree to resolve any dispute or interpretation in Mexican courts and in compliance with the applicable laws of Mexico City, waiving any other jurisdiction derived from your nationality or domicile present or future.

Therefore, you acknowledge and accept that this Agreement will be executed electronically, in accordance with the rules of electronic contracting indicated in the Commercial Code, which will be binding, making this Agreement a binding agreement of wills for both parties.

Last update: September 8th, 2023

Yana App, S.A.P.I. de C.V.

Reproduction, in whole or in part, by any means or form, without the prior express written authorization of the owner is prohibited.