shayoink
Shayoink — Terms of Service
Last updated: June 24, 2026
These Terms of Service (“Terms”) form a binding agreement between you and Shayoink LLC (“Shayoink”, “we”, “us”, or “our”) and govern your access to and use of the Shayoink mobile and web applications, websites, and related services (together, the “Service”).
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
PLEASE READ SECTION 13 CAREFULLY. It contains an arbitration agreement and a class-action waiver that, if you do not opt out within 30 days, require most disputes to be resolved by individual binding arbitration rather than in court.
You also agree that we may provide these Terms, the Privacy Policy, and required notices to you electronically, and that your electronic acceptance has the same effect as a handwritten signature. If you are using the Service on behalf of a business or other entity, you represent that you are authorized to bind that entity, and “you” includes that entity.
1. Eligibility
You must be of legal drinking age in your jurisdiction to create an account or use the Service. In the United States, this is 21 or older; in most other jurisdictions it is 18 or 19, but you must meet whichever age is required where you live. By creating an account you represent and warrant that you meet this age requirement and that all information you provide is truthful and accurate. Where local law sets a higher minimum age for use of online services or for activities involving alcohol, you must meet that higher requirement. We may terminate accounts that we believe are operated by users who do not meet the applicable legal drinking age.
Age verification is by self-attestation at sign-up — we ask you to confirm you meet the age requirement and rely on your honest answer. We do not verify age against government records.
Providing false age information, or allowing anyone under the applicable legal drinking age to use your account, is a material breach of these Terms and grounds for immediate termination. We reserve the right (but assume no obligation) to require additional verification of age or identity, to refuse or revoke access, and to remove or restrict accounts at our discretion where we have reason to believe the age requirement is not met. The Service is intended for personal informational use by adults of legal drinking age and is not a means to purchase, sell, or arrange the sale or delivery of alcohol to any person.
You further represent that you are not located in, and are not a resident of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.
2. Your Account
You are responsible for:
Choosing a strong password and keeping your credentials confidential.
All activity that occurs under your account.
Promptly notifying us of any suspected unauthorized access.
You may not impersonate another person or business, share your account, or transfer your account without our written permission.
Unless we agree otherwise in writing, you may maintain only one account, and your account is personal to you. Usernames and display names are licensed to you, not owned by you; we may reclaim, reassign, or require you to change a username or display name that is misleading, impersonating, infringing, offensive, or inactive, or as otherwise necessary to operate the Service. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.
You are responsible for the devices, internet access, and any data or carrier charges needed to use the Service, and for keeping your own copy of any content you want to preserve.
3. Your Content
You retain ownership of the menus, drink listings, photos, avatars, messages, and other content you submit (“Your Content”). By submitting Your Content, you grant Shayoink a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for technical purposes such as resizing or formatting), publish, publicly display, and distribute Your Content for the purpose of operating, providing, securing, and improving the Service.
This license expressly includes the right to: (a) publish Your Content (including recipes you choose to share) on public, search-engine-indexable web pages on or linked from shayoink.com; (b) generate and display link previews, cards, and “unfurls” (including a title, description, and image) when you or other users share Your Content to third-party platforms such as Reddit, X, Facebook, or via your device share sheet; and (c) display attribution (such as a “Recipe by” credit) and the relationship between an original recipe and any “riff” or adaptation, on both in-app and public surfaces. You direct and authorize these public and off-platform displays when you use the corresponding sharing features.
Except for the specific yoink license described below, this license ends within a commercially reasonable time after you remove Your Content or delete your account, subject to three limited exceptions: (i) copies retained in routine backups for a limited period before they are overwritten; (ii) copies cached on content-delivery networks or stored on other users’ devices, which we cannot instantly or globally clear; and (iii) copies that other users lawfully retained through the yoink feature before removal. We may also retain Your Content as required to comply with law or to investigate or enforce these Terms.
You represent and warrant that you have all necessary rights to grant this license and that Your Content does not infringe any third-party rights.
You further represent and warrant that you have all rights necessary to authorize any public or off-platform sharing of Your Content that you initiate, and that Your Content does not violate any law or any third party’s privacy, publicity, or intellectual-property rights.
Our intellectual property; your license to use the Service. The Service — including the Shayoink app, website, software, designs, look and feel, logos, and the “Shayoink” name and marks — is owned by Shayoink and protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for its intended personal, non-commercial purposes, subject to these Terms. You may not copy, modify, distribute, sell, lease, frame, scrape, reverse-engineer, or create derivative works from the Service or any part of it except as expressly permitted. The yoink, riff, and sharing features let you do specific things with recipe content as described in these Terms; they grant you no other rights in the Service or in other users’ content. All rights not expressly granted are reserved.
Recipe yoinks and snapshots. Shayoink lets users save copies of other users’ recipes (“yoink” a recipe) into their own menus or bookmarks. When another user yoinks one of your recipes, a copy of the recipe content (as it existed at the moment they yoinked it) is added to their personal collection. By making a recipe available through the Service (including by enabling Be Discoverable or by sharing a recipe with another user via the messaging features), you grant other Shayoink users a limited, non-exclusive, royalty-free, perpetual license to retain and use the specific yoinked copy of your recipe content within their own personal Shayoink menus and bookmarks, for their personal, non-commercial use only. This perpetual license is limited to the yoinked snapshot itself and does not extend to any other use of Your Content.
This license survives changes to or deletion of the original recipe by you — yoinked copies persist in the yoinker’s collection even if you later edit or remove the original — and is the mechanism by which the Service operates.
Yoinkers may not use yoinked recipes for commercial purposes (such as selling drinks based on the recipe at a commercial venue) without their own commercial license to the Service (see “Commercial use” in § 5).
No royalties or compensation. Submitting, posting, or sharing a recipe (or any other content) through the Service does not entitle you to any royalty, fee, payment, or other compensation, regardless of how the content is used or how successful it becomes. This includes, without limitation: (a) commercial use of a recipe by a venue or other user who holds their own commercial license to the Service — for example, a bar that serves a drink based on your recipe; (b) the popularity, ranking, “trending” status, or other success of your content on or through the Service; (c) another user creating their own version (a “riff”) or other adaptation of your recipe; and (d) Shayoink’s own use of your content to operate, provide, improve, or promote the Service. Any attribution the Service displays — such as a “Recipe by” credit, or an indication that a venue is serving your recipe — is a recognition feature only and does not create any ownership interest, royalty, or right to payment. The rewards of participating are recognition and the enjoyment of sharing your creations, not compensation. (Recipes — lists of ingredients and basic preparation steps — are generally not protected by copyright in any event.)
Feedback. If you send us ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it for any purpose without any obligation or compensation to you.
Messages, edits, and deletions. When you send a message in a direct or group thread, that message is visible to the other participants in the thread. You may edit your own text messages within a 15-minute window of sending; edited messages are marked as edited so that recipients see the message has been changed. You may delete your own messages at any time; a deleted message leaves a “This message was deleted” placeholder in the thread for conversational context, and any reactions on it are removed. If another participant has already replied to or quoted your message, the snippet they captured is their content, not yours — it persists with their reply even after you delete or edit your original.
Third-party content (GIFs). In this version of the app, GIFs that you or other users add to chats come from your device’s own keyboard or third-party GIF tools — they are third-party content, not Your Content and not Shayoink’s content, and your use of them is subject to the terms of whatever source provided them. Shayoink does not currently host or curate an in-app GIF library and applies no content filter to keyboard-inserted GIFs; if you see a GIF that is offensive, infringing, or otherwise objectionable, you can delete it from the conversation and report the message. (An in-app GIF picker powered by GIPHY is planned for a future version; when it launches, GIFs surfaced through it will be licensed from and moderated by GIPHY under GIPHY’s own terms, and these Terms will be updated to reflect it.)
4. Acceptable Use
You agree not to use the Service to:
Post unlawful, infringing, fraudulent, harassing, threatening, defamatory, obscene, hateful, or otherwise objectionable content;
Promote the sale or service of alcohol to anyone under the legal drinking age in their jurisdiction;
Misrepresent your identity, business, or affiliation;
Send spam, chain messages, or bulk unsolicited messages;
Scrape, crawl, or harvest data from the Service except as expressly permitted;
Reverse-engineer, decompile, or attempt to extract source code except where prohibited by applicable law;
Interfere with the security or proper operation of the Service;
Upload, share, or solicit any child sexual abuse material or any sexual content involving minors — this results in immediate termination and a report to the National Center for Missing & Exploited Children and/or law enforcement;
Post or share another person’s private or identifying information without their consent (“doxxing”);
Upload viruses, malware, or other harmful code, or use the Service to phish or defraud;
Access the Service through automated means (bots, scrapers) except via interfaces we expressly authorize;
Circumvent or attempt to circumvent any age gate, geographic restriction, rate limit, or other access or security control;
Use the Service to advertise, market, or promote alcohol in violation of any applicable law, including TTB regulations and state alcohol-control rules;
Gaming the recognition features. Specifically: (a) operate multiple accounts to inflate the yoink count or recognition metrics on any recipe (yours or another user’s); (b) coordinate with others to perform mass or repeated yoinks intended to manipulate count, ranking, or attention rather than reflect genuine appreciation; (c) use yoink behavior as a vector for harassment, including coordinated “yoink-bombing” intended to overload a recipient with notifications or to falsely associate them with content; or (d) use yoinks to claim authorship of, or commercial rights to, a recipe you did not originate.
We reserve the right to remove content and to suspend or terminate accounts that violate these rules. We are not obligated to monitor content but may do so. We may apply rate limits, automated detection, or other technical measures to enforce the rules above; circumventing those measures is itself a violation.
No duty to monitor; discretionary moderation. You are solely responsible for Your Content. We have no obligation to pre-screen, monitor, or review user content, and we act as a provider of an interactive computer service under 47 U.S.C. § 230. Any moderation, filtering, or removal we perform — including any automated filter that blocks slurs in usernames or content — is undertaken voluntarily and at our discretion, is provided “as is,” may be incomplete or imperfect, and does not create any duty to detect or remove other content. Our decision to remove or not remove any content, or to act or not act on any report, is made in our sole discretion and does not waive any right or create any obligation.
We may preserve, access, and disclose Your Content and account information where we believe in good faith that doing so is necessary to comply with law or legal process, enforce these Terms, or protect the rights, property, or safety of any person.
4.1 Reporting and blocking
The Service provides an in-app report mechanism on profiles, messages, and recipes so you can flag objectionable content or behavior. We review reports and may, at our discretion, remove content, suspend or terminate the reported user’s account, or take other action consistent with these Terms and applicable law. We endeavor to review reports of egregious or severely objectionable content promptly, consistent with the App Store’s user-generated-content requirements, but we do not guarantee any specific response time or outcome.
The Service also provides an in-app block mechanism. Blocking another user hides their content from your experience, prevents them from messaging you, and filters them out of your yoinker lists. Blocking is a one-sided action: the blocked user is not notified.
Submitting a knowingly false report, mass-reporting another user in coordinated fashion, or otherwise abusing the reporting or blocking systems is itself a violation of these Terms.
4.2 Copyright complaints (DMCA notice and takedown)
Shayoink respects intellectual-property rights and expects its users to do the same. You may not submit, post, share, or display content through the Service — including content that appears on a public recipe page — that infringes another party’s copyright or other intellectual-property rights.
Notice of claimed infringement. If you believe material available through the Service infringes a copyright you own or control, you may send a written notice to our Designated Copyright Agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing, and information reasonably sufficient to let us locate it (such as the URL); (d) your contact information (mailing address, telephone number, and email address); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
Designated Copyright Agent. Copyright Agent, Shayoink LLC 2501 Chatham Rd #5195, Springfield, IL 62704 Email: dmca@shayoink.com
Counter-notification. If your content was removed in response to a notice and you believe the removal was a mistake or misidentification, you may submit a counter-notification to the Designated Copyright Agent containing the information required by 17 U.S.C. § 512(g)(3).
Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages. Do not make false claims.
Repeat infringers. Shayoink maintains a policy of terminating, in appropriate circumstances and at its discretion, the accounts of users who are repeat infringers.
5. Alcohol, Licensing, and Local Law
Shayoink is a tool for displaying drink menus. We are not your legal, accounting, or licensing advisor. You are solely responsible for:
Holding all required liquor licenses, permits, and registrations in your jurisdiction;
Complying with all advertising, marketing, sales, age-verification, and serving laws (including but not limited to TTB regulations in the U.S., state alcohol-control board rules, and equivalent rules in other countries);
The accuracy of all menu information, including prices, ingredients, allergens, and availability.
Shayoink makes no representation that use of the Service is lawful in your location, and you assume all risk of compliance.
Shayoink is not an alcohol retailer, manufacturer, distributor, importer, or advertiser. We do not sell, serve, deliver, or facilitate the sale or delivery of alcohol, and we do not accept payment from alcohol brands to place or promote their products to consumers in the Service. Recipes, menus, and related content are provided for general informational and entertainment purposes only; they are not professional, health, or dietary advice, and we do not warrant their accuracy, safety, or suitability. You are responsible for consuming alcohol responsibly and lawfully.
Commercial use. The Service is licensed to you for personal, non-commercial use. If you operate a bar, restaurant, brewery, taproom, hotel lounge, or any other commercial establishment, your use of the Service to display drink menus to paying customers is commercial use, and is licensed only through our venue program — the Shayoink for Venues tier — when that tier becomes available (see § 6), or under a separate written agreement with us. We reserve the right to require commercial users to enroll in the venue program (or to enter into a separate agreement) as a condition of commercial use. Use of the free Personal tier for commercial purposes is not permitted under these Terms. Account type is selected during onboarding; if your account type does not match your actual use, you must update it in Settings or cancel your account.
Design partners. Certain commercial design partners may operate under a separate written agreement with Shayoink that governs their commercial use of the Service. Where such an agreement exists, it — rather than the general commercial-use restriction above — governs that partner’s commercial use to the extent of any conflict.
If you operate a commercial establishment using the Service, you remain solely responsible for the accuracy of all displayed information (including but not limited to prices, availability, ingredients, ABV, and allergens), for compliance with all applicable commercial alcohol-service laws and licensing requirements in your jurisdiction, and for any consumer-facing claims or commitments your menu implies. The Service is provided as a display tool only; it does not verify, audit, or warrant the accuracy of menu information you publish.
Yoinks and commercial use. A user on the free Personal tier who yoinks a recipe (whether from another Personal user or from a commercial account) may use the yoinked recipe for their own personal, non-commercial purposes only. To serve drinks based on yoinked recipes at a commercial establishment, the yoinker must be authorized for commercial use under our venue program (when available) or a separate agreement — yoinking from a commercial account does not transfer any commercial license. Recipe owners (Personal or Commercial) similarly receive no commercial rights to their recipe through other users’ yoinks; the yoink is a recognition signal, not a transfer of commercial rights between parties.
Shared devices. Where you use the Service on a shared device (e.g., a tablet accessible to multiple staff or located in a public-facing area), you remain responsible for all activity that occurs through your account regardless of which individual conducts it. We strongly recommend that commercial users restrict device access to authorized personnel.
6. Purchases and Subscriptions
Purchases are processed by Apple through the App Store and are subject to Apple’s terms. Refunds, billing disputes, and subscription cancellations are handled through Apple per their published policies.
Shayoink Pro. Shayoink Pro is a one-time, non-refundable in-app purchase (a non-consumable purchase, not a subscription) available to accounts using the Service for personal, non-commercial purposes. It unlocks the additional features described in the in-app purchase screen for as long as the Service remains available. It is not a subscription and is not a guarantee that the Service will remain available for any particular period. All purchases are final and non-refundable except where a refund is required by applicable law or is granted by Apple under the App Store’s policies. We may modify, suspend, or discontinue the Service (in whole or in part) at any time as described in § 12, and discontinuation does not entitle you to any refund or other compensation. This is reinforced by the disclaimers in § 9 and the limitation of liability in § 10.
Shayoink Pro is tied to the Apple ID and Shayoink account used to buy it, is non-transferable, and does not entitle you to any particular feature in perpetuity — the specific features included in Pro may be added to, changed, or removed as the Service evolves. The “except where required by applicable law or granted by Apple” carve-out above is intended to preserve any non-waivable consumer rights you may have.
EU/UK consumers. If you are a consumer in the EEA or UK, you may have a statutory right to withdraw from a purchase of digital content within a set period; by purchasing and accessing Pro immediately, you may be asked to acknowledge that supply begins at once and that your withdrawal right may be lost once supply has begun, to the extent permitted by law.
Shayoink for Venues (rolling out). A commercial tier, Shayoink for Venues, is being rolled out to support commercial use of the Service (see § 5). When this tier launches, it is expected to be offered as an auto-renewing subscription that includes a free trial period (length stated in the App Store at the time of sign-up); after the trial, the subscription would renew automatically at the published price until you cancel it through Apple’s subscription management. Cancelling stops future renewals but does not refund the current period. Until the venue subscription launches, no commercial subscription is offered or charged through the Service. If your Shayoink for Venues subscription is active and later lapses (because you cancel or because a renewal fails), the Service treats your account as no longer authorized for commercial use. We do not delete your menus or content; your account retains read access so you can re-subscribe and resume where you left off, but the commercial-license rights under these Terms cease until the subscription is active again.
7. Privacy
Our Privacy Policy describes what personal information we collect and how we use it. By using the Service, you consent to the collection and use of information as described there. The Privacy Policy is incorporated into these Terms by reference.
8. Termination
You may delete your account at any time from Privacy & Preferences > Delete Account. Account deletion is irreversible: it removes your profile, menus, bookmarks, and yoinks; removes you from any group threads you participate in; and replaces your handle with a generic deleted-user marker in direct threads so the conversation history remains coherent for the other participant. See the Privacy Policy for the full retention schedule, including the categories of data we may retain after deletion for legal, safety, or accounting reasons.
We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we believe you have violated these Terms or applicable law, or for any other reason that we determine in good faith. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive.
Termination or suspension of your account for breach of these Terms does not entitle you to any refund, including of the Shayoink Pro purchase. Residual copies of data may remain in backups for a limited period as described in the Privacy Policy. We may also suspend or delete accounts that have been inactive for an extended period, after attempting to give you reasonable notice at the email on your account.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHAYOINK DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We are not responsible for any content posted by users.
No advice; recipe accuracy; allergens and consumption. Recipes, ingredient lists, ABV figures, allergen information, and other menu content are user-generated or general reference information and may be inaccurate or incomplete. The Service does not provide medical, health, dietary, or legal advice. You are responsible for verifying ingredients and allergens before preparing or consuming any drink, and for consuming alcohol safely, lawfully, and in moderation. To the fullest extent permitted by law, you assume all risk arising from preparing or consuming any drink based on content obtained through the Service, and Shayoink is not liable for any allergic reaction, illness, injury, or other harm resulting from that content or from alcohol consumption.
Beta and pre-release features. Parts of the Service may be offered on a beta, preview, or pre-release basis (including through Apple’s TestFlight) or labeled as such. Beta features are provided for evaluation, may contain bugs or errors, may change or be withdrawn at any time, and may not work as intended. They are provided “as is” with no warranty and you use them at your own risk; we may use feedback on them as described in § 3.
Third-party services and platforms. The Service may interoperate with or link to third-party services and platforms (for example, Apple, Google, Reddit, X, and Facebook). Your use of those services is governed by their own terms and privacy policies, which we do not control and for which we are not responsible.
Third-party casting platforms and devices. The Service’s casting features rely on third-party platforms and devices that we do not own or control — including Apple TV (via tvOS / AirPlay) and Google Cast / Chromecast. We make no warranty as to the availability, compatibility, performance, or continued support of those platforms and devices, and we are not responsible for changes they make or for any interruption, incompatibility, or failure arising from them.
Sharing your menu with others. The Service lets you share your menu with specific people you choose, including a read-only viewing layer (for example, staff or a venue display). You are responsible for whom you share your menu and content with. Content you share through these features remains Your Content and is governed by the same user-content terms in § 3; sharing does not transfer ownership but does make the shared content visible to the people and displays you select.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHAYOINK, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $100.
Some jurisdictions do not allow these limitations, so they may not fully apply to you.
Time to bring claims. To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arose; otherwise it is permanently barred.
11. Indemnity
You agree to indemnify and hold Shayoink and its affiliates harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party rights.
We will notify you of any claim subject to this indemnity, and we may, at our option, control the defense and settlement of any such claim with your cooperation. You may not settle any claim in a way that imposes any obligation on Shayoink without our prior written consent. This indemnity is in addition to, and does not limit, any other remedy available to us.
12. Changes to the Service or Terms
We may modify or discontinue the Service, in whole or in part, at any time. We may update these Terms; if changes are material, we will notify you in the app or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
We will use reasonable efforts to give advance notice of material changes. If you do not agree to updated Terms, your remedy is to stop using the Service and delete your account before the changes take effect; continued use after that point constitutes acceptance.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms or the Service that is not subject to arbitration under § 13.2 will be resolved exclusively in the courts located in Sangamon County, Illinois (and the federal courts whose district includes Sangamon County), except where mandatory consumer-protection laws provide otherwise.
13.1 Informal resolution (required first step). Before starting an arbitration or filing any claim, you and Shayoink agree to first try to resolve the dispute informally. The complaining party must send a written Notice of Dispute (to support@shayoink.com for Shayoink, or to the email on your account for you) describing the claim and the relief sought. The parties will then negotiate in good faith for 60 days. Completing this step is a precondition to starting arbitration or filing in court, and the deadline to bring the claim is paused while the parties comply.
13.2 Binding arbitration; class-action waiver. Except as stated in § 13.3, any dispute not resolved under § 13.1 will be settled by binding, individual arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitration will be in English, may proceed by documents, telephone, or video where the rules allow, and will take place in or near the county where you live unless the parties agree otherwise. You and Shayoink waive any right to a jury trial and waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator decides all issues except that a court (not the arbitrator) decides whether the class-action waiver is enforceable; if the class-action waiver is found unenforceable as to a particular claim, only that claim proceeds in court and the rest of this Section still applies.
13.3 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property or confidential information. Pursuing either does not waive the rest of this Section.
13.4 Coordinated or mass filings. If 25 or more similar arbitration demands are submitted by or with the coordination of the same or jointly-acting counsel, the parties agree the demands will be handled in staged batches: a limited number of representative (“bellwether”) cases proceed first, the remaining demands are stayed (with their filing deadlines paused), and the parties will use the bellwether outcomes to try to resolve or efficiently sequence the rest. Any batch or mass-filing rules of the arbitration provider also apply. This process is intended to keep arbitration fair, efficient, and proportionate in cost for both sides.
13.5 Opt-out and fees. You may opt out of this § 13 (arbitration and the class-action waiver) by emailing support@shayoink.com within 30 days after you first accept these Terms, stating your name and that you opt out; opting out does not affect the rest of these Terms. Arbitration fees are governed by the provider’s rules and applicable law.
14. Apple-Specific Terms
If you accessed the Service through Apple’s App Store, you acknowledge:
These Terms are between you and Shayoink; Apple is not a party.
Apple has no obligation to provide maintenance or support for the Service.
In the event of any failure to conform to applicable warranty, you may notify Apple, who may refund the purchase price; Apple has no other warranty obligation.
Apple is not responsible for product claims, intellectual property claims, or product liability claims relating to the Service.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. These Terms are the entire agreement between you and us regarding the Service.
Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign them, including to an affiliate or in connection with a merger, acquisition, or sale of assets. Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Notices. We may give you notice by in-app message or by email to the address on your account; you consent to receiving notices electronically. No third-party beneficiaries. Except for Apple as stated in § 14, these Terms create no third-party beneficiary rights. No partnership or agency. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Shayoink. Headings are for convenience only and do not affect interpretation.
16. Contact
Shayoink LLC
2501 Chatham Rd #5195, Springfield, IL 62704, USA
Email: support@shayoink.com