Terms of service

Terms of Service

Yayem Ltd, a company registered in England & Wales under registration number 13104799, at Kemp House 152-160 City Road, London, EC1V 2NX, United Kingdom, VAT GB 378029570, (“Yayem”, “Yayem OS”, “we” or “us”) is pleased to welcome you as a User on the website (“Yayem’s Website”).

Yayem OS is the operating system for members’ clubs and private communities, working with Clients to develop, license and operate white label versions of our mobile application, administrative panel, web app and/or website (together with any iPhone®, Android® or other mobile application of such website, “Client’s App and Website”).

The Client’s App and Website are made available to their Members and Guests, subject to the Client’s own terms of use, privacy policy and community rules.

By accepting these General Terms of Use (“Terms”) you agree to be bound by these Terms, which apply to all services you use via Yayem, unless otherwise communicated or agreed upon by Yayem. You also agree to comply with Yayem policies and guidelines applicable to the Yayem platform.

MOBILE APPLICATION AND/OR WEBSITE

Yayem’s Website is made available to you, the user (“you” or “your” being interpreted accordingly) subject to these Terms. Yayem’s Website is operated by Yayem.

Content on the Yayem’s Website

Your use of Yayem’s Website and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on Yayem’s Website is either owned by us (or third parties who license such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission.

You cannot link to or seek to extract data from Yayem’s Website or reutilise any part of Yayem’s Website or Content for any commercial purpose or use our trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission. This will be subject to our sole discretion.

Use of the Yayem’s Website

You must only use Yayem’s Website for legal purposes in accordance with these Terms. You are prohibited from using our website to engage in any fraudulent activity or in a manner that is liable to damage our business or harm other users. Your use of our website is subject to any other policies or guidelines that we may communicate to you from time to time.

You also undertake that any personal data and other information you may provide to us when registering or signing up for any services on our website is complete, accurate and up to date. In relation to any material you submit to us or post, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.

You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section.

PRIVACY

We will use the personal information you provide us according to our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

You shall not use the names, logos, colours, trademarks, photographs, or other identifying features of Yayem and its affiliates (the 'Yayem Marks') without obtaining our specific prior written approval.

You hereby expressly recognise that the Yayem Marks are the valid, unique and exclusive property of Yayem, its parent, affiliates and/or subsidiaries. You may not produce, use or create, or authorise others to produce, use or create, the Yayem Marks for any purpose whatsoever, including, but not limited to, in any communications, marketing, advertising or other promotional materials (including, but not limited to, brochures, flyers, invitations and e-mail messages) that use the Yayem Marks without our prior written consent.

GENERAL

Change to terms

We may change these Terms from time to time. We will do so by displaying notification of the change on our website and/or via email. The latest version of our Terms will be displayed on Yayem’s Website.

Invalidity and waiver

If any of these Terms is found to be invalid or unenforceable, the other provisions will continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver shall not be construed as a waiver of any subsequent breach.

GOVERNING LAW AND JURISDICTION

To the extent permitted by applicable Law, these Terms shall be governed by the laws of England & Wales, without regard to its conflict or choice of law principles. To the extent permitted by applicable Law, you may submit your disputes arising out of or in connection with these Terms to the non-exclusive jurisdiction of the courts located in London, United Kingdom.

If you reside in the EU you may also bring judicial proceedings before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are not acting as a consumer in which case you agree to submit to the exclusive jurisdiction of the courts of England & Wales within the limits provided by applicable laws.

CONTACT

If you have any questions or complaints regarding Yayem’s Website or these Terms, you can contact us at admin@yayem.co.

Privacy Policy

Last updated: 11 June, 2025.

Yayem OS Clients trust us with proprietary data and we are committed to keeping that trust.

Please read our Privacy Policy that explains how we collect, use, share and protect Client information.

All undefined and capitalized terms contained in this Privacy Policy shall have the meaning set forth in the Yayem Terms of Use.

HOW WE COLLECT YOUR PERSONAL INFORMATION

Yayem OS collects information when Members interact with the Client’s App and Website, such as when Members create an account, apply for membership, visit spaces or book an experience.

We also collect information regarding Member use of the Client’s App and Website, to help improve and optimise our services.

PERSONAL INFORMATION WE COLLECT

We collect personal Member data via a Client’s App and Website. We collect and use different kinds of personal data: identity data, contact data, transaction data, technical data, profile data, usage data, user generated content. Data is provided in different ways:

Member application
Member onboarding
Visiting spaces
Booking and paying for experiences
Connecting with concierge services
Third Party Data (invitation of Guest(s)s, referral of potential Members)
Geolocation data, if Member provides consent to do this

USE OF PERSONAL INFORMATION

Yayem OS uses personal information for the following purposes:

Site and mobile application
Processing payments
Marketing and communications
Member processes (administrative panel)
New product development
Financial analysis and investor relations
Safety and security

LEGAL BASIS FOR THE COLLECTION OF INFORMATION

A Client’s App and Website will always collect personal information from Members only where we either:

i) have Member and Client consent to do so;

ii) need the personal information to perform a contract with Client (such as payment processing and experience delivery);

iii) need to collect data for our legitimate interests (for instance to improve our services, or to ensure the safety and security of our partners and employees);

iv) need to use Client information to comply with any legal obligation or regulatory requirement to which we are subject.

SHARING PERSONAL INFORMATION

We may disclose Client data to any partner or provider that makes available an experience Members book or use through the Client’s App and Website, or to third parties who provide data processing services to us (such as Stripe, SendGrid, Twilio, AWS, Airtable or Grafana Labs).

We will not share, sell, or disclose Client or Member data to third parties for marketing purposes.

PROCESSING PAYMENTS

We use Stripe, a third party payment processor, to monetize experiences booked through a Client’s App and Website, and to collect monthly/quarterly/annual membership. We do not store card details on our server. Credit and debit card payments are processed by Stripe on their secure payments server and all card details are fully encrypted and stored by them. Member payment will be processed by Stripe, who collect, use and process Member information, including payment information, in accordance with their privacy policies. You can access their privacy policy via the following link: https://stripe.com/gb/privacy

REFERRING MEMBERS AND INVITING GUESTS

While using a Client’s App and Website, we may be using service providers, who may collect, store and/or process third party data. We make reasonable efforts to engage with trusted partners that post a privacy policy governing their collection, processing and use of non-personal and personal information.

For instance, we use a third-party service provider, Twilio, Inc., when a Member refers or invites Guest(s) through a Client’s App and Website. This enables a Client’s App and Website to communicate with them through SMS. To learn more about Twilio's privacy practices and their international data transfer guidelines, please visit https://www.twilio.com/legal/privacy

INTERNATIONAL DATA TRANSFER

Information that Members submit to a Client’s App and Website is stored within the European Economic Area on our third-party hosting provider’s servers. This means that Member personal data will be fully protected under the GDPR or to equivalent standards by law.

Our third-party hosting provider is Amazon Web Services. Their privacy policy is available here: https://aws.amazon.com/privacy

Member and Client data is or may be transferred outside the EEA in specific situations.

Stripe’s services in Europe are provided by a Stripe affiliate—Stripe Payments Europe Limited (“Stripe Payments Europe”) - an entity located in Ireland. In providing Stripe Services, Stripe Payments Europe transfers personal data to Stripe, Inc. in the US.

Twilio adheres to the EU–U.S. Privacy Shield Framework for notice, choice, onward transfer, security, data integrity, access, and enforcement for such personal data. As required under the principles, when Twilio receives information under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on Twilio’s behalf, Twilio has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) Twilio is responsible for the event giving rise to the damage.

Additionally, Member data, from application to check-ins and experience bookings, may also be stored on custom databases and reports, built for CRM or analytical purposes.

RETENTION OF PERSONAL INFORMATION

We will retain Member personal information as long as needed to fulfill the purposes explained in Section 3 above, where we have a legitimate interest or for a period specifically required by applicable regulations or laws.

When determining the relevant retention periods, we will take into account:

our contractual obligations and rights in relation to the information involved; legal obligation(s) under applicable law to retain data for a certain period of time; statute of limitations under applicable law(s); our legitimate interests (potential) disputes; and guidelines issued by relevant data protection authorities. We will securely delete Member personal information where we no longer require it for the purposes collected.

YOUR RIGHTS

Clients have the following data protection rights:

access or request a copy of Client or Member information update or delete Member personal information restrict or stop the processing of information where we have asked for consent, withdraw this consent at any time complain to data protection authority any other rights, as provided by applicable legislation

CHANGES TO OUR PRIVACY POLICY

We may update our Privacy Policy from time to time. If we make significant changes, we will notify Clients in advance of the changes through email. We encourage Clients to periodically review our Privacy Policy for the latest information.

Use of our services after an update amounts to consent to the updated Privacy Policy to the extent permitted by law.

Contact details

If you have any questions or concerns about our Privacy Policy or how we use Client or Member personal information more generally, you can contact us at admin@yayem.co