Terms of Service

Last updated: 18 May 2026

Please read these Terms of Service ("Terms") carefully before using the yapsa iOS application and associated services ("Service"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Who We Are

yapsa is operated by Timotheus Scherer, based in Switzerland ("we", "us", "our"). Contact us at legal@yapsa.xyz.

2. Eligibility

You must be at least 13 years old (or 16 years old if you are located in the EU/EEA) to use the Service. By using the Service, you represent that you meet this requirement. If you are under 18, you represent that you have your parent or guardian's permission.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activity that occurs under your account.
Notify us immediately at legal@yapsa.xyz if you suspect unauthorised access to your account.
You may not create accounts on behalf of others without their consent.

4. Your Content

4.1 Ownership

You retain all rights to the photos, videos, and other content you upload ("Your Content"). We do not claim ownership of Your Content.

4.2 Licence to Us

By uploading content, you grant yapsa a limited, non-exclusive, royalty-free licence to store and transmit Your Content solely to provide the Service (i.e., to deliver encrypted copies to the members of your Moments). Because content is end-to-end encrypted, we cannot access or view it.

4.3 Your Responsibility

You represent and warrant that:

You own or have the necessary rights to share Your Content.
Your Content does not violate any applicable law or the rights of any third party.
You have obtained any necessary consents from people appearing in Your Content.

5. Prohibited Conduct

You may not use the Service to:

Upload, share, or distribute child sexual abuse material (CSAM) or any content that sexually exploits minors. This is strictly prohibited and will be reported to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement.
Upload content that is illegal under applicable law, including content that infringes copyright, trademarks, or other intellectual property rights.
Harass, threaten, or abuse other users.
Distribute malware, spam, or phishing content.
Attempt to reverse engineer, decompile, or circumvent the encryption or security mechanisms of the Service.
Use automated tools to scrape, crawl, or extract data from the Service without our prior written consent.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Use the Service for any commercial purpose without our prior written consent.

We reserve the right to suspend or terminate accounts that violate these prohibitions, and to report illegal content to the appropriate authorities.

6. End-to-End Encryption and Limitations

yapsa uses end-to-end encryption. This means we cannot view, moderate, or access the content of your Moments.

We cannot recover your content if you lose access to your account and your encryption keys are not backed up.
We cannot verify the identity of other Moment members beyond their registered email address.

You understand and accept these limitations as a feature of the privacy-preserving design of the Service.

7. Intellectual Property

The yapsa application, its design, and all associated software are owned by us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying code without our prior written consent.

8. Availability and Modifications

We provide the Service on a best-effort basis and do not guarantee any specific uptime or availability.
We may modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.
We may update these Terms from time to time. Material changes will be notified via the app or email at least 14 days in advance. Continued use after the effective date constitutes acceptance.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR CHF 100 (WHICHEVER IS GREATER).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (e.g., death or personal injury caused by our negligence, or fraudulent misrepresentation).

11. Indemnification

You agree to indemnify and hold harmless yapsa and its operator from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your use of the Service; or (c) your violation of these Terms.

12. Termination

You may delete your account at any time from within the app.
We may suspend or terminate your account if you violate these Terms, or for any other reason with reasonable notice.
On termination, your encrypted media will be deleted within 30 days, subject to any legal hold obligations.

13. Governing Law and Disputes

These Terms are governed by the laws of Switzerland, without regard to conflict-of-law principles. If you are located in the EU/EEA, you may also benefit from any mandatory consumer protection provisions of your country of residence.

Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be submitted to the competent courts of Switzerland.

14. Miscellaneous

Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.
Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights to a successor entity.

15. Contact

Email: legal@yapsa.xyz