Terms of Service

Agreement and formation

• The contract is formed when you activate an account (via an access code, an invitation, or an organization set up for you by Nimblet) and begin using the service. These Terms apply to that use; conflicting terms of the customer do not apply unless expressly agreed in writing.
• The service is offered on a free plan and on paid subscription plans. Fees, plan features, and limits are shown on the pricing page and at checkout; the section on plans, fees, and payment below applies to paid plans.

Eligibility

• Nimblet is a B2B service. You may only use it on behalf of a business and must have lawful access to any ad accounts you connect.
• Access is currently invite-only: accounts are provisioned by Nimblet or created via an access code or invitation we issue.

Plans, fees, and payment

• Paid plans are billed monthly in advance in EUR via our payment processor, Stripe. Prices are stated net of any applicable VAT.
• AI features are bring-your-own-key: analysis and Ideation run against the OpenRouter API key your organization supplies. Model-usage costs are billed to you by OpenRouter directly and are not part of our fees.
• If a payment fails, we notify you and retry. If payment remains outstanding, we may restrict access to paid features until the balance is settled; your data remains intact during the restriction.
• We may change prices with at least 30 days notice, effective from your next billing period. If you do not agree, you can cancel before the change takes effect.

Cancellation and refunds

• You can cancel a paid subscription at any time via the billing portal. Cancellation takes effect at the end of the current billing period; until then the plan stays active.
• Fees for the current billing period are non-refundable, except where mandatory law provides otherwise. Statutory rights remain unaffected.
• If you believe a charge is incorrect, contact us first at info@yoyaba.com and we will investigate and, where justified, refund. Initiating a card chargeback for a legitimate, contractually owed charge may lead to suspension of the account until the matter is resolved, and we may pass on chargeback fees where permitted by law.

Permitted use

• Connect your own or your clients’ ad accounts (agency use is permitted).
• Run AI analysis on your creatives.
• Build, save, share, and export reports.

Prohibited use

• Connecting ad accounts you do not have permission to access.
• Scraping or mass-exporting Nimblet data outside the product.
• Reverse-engineering the platform or any of its components.

IP ownership

• Nimblet is a product and brand of YOYABA GmbH. The “Nimblet” name is unregistered at the time of writing and is referred to as the name and brand of YOYABA GmbH, not as a registered trademark.
• You retain ownership of your ad data; we process it on your behalf.
• Nimblet may use anonymized, aggregated patterns derived from usage to improve the product.

Data processing

• Where we process personal data on your behalf as part of the service, we do so as your processor under our Data Processing Agreement (Art. 28 GDPR), which forms part of these Terms.
• How we handle personal data is described in our Privacy Policy.

Service availability

• On the free plan and during beta phases, the service is provided “as is” and “as available,” without any guaranteed uptime or service level. For paid plans we aim for high availability but do not promise a specific service level. We may modify features at any time; material reductions to a paid plan entitle you to cancel.
• Ad data comes from third-party APIs. We are not responsible for their downtime or accuracy.
• AI analysis is informational and does not constitute advice.

Limitation of liability

• YOYABA GmbH is liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body, or health, and to the extent liability is mandatory under applicable law (including the German Product Liability Act).
• For slight negligence, YOYABA GmbH is liable only for breach of a material contractual obligation (an obligation whose fulfillment makes proper performance of the contract possible and on which you may regularly rely), and such liability is limited to the foreseeable damage typical for this type of contract.
• Any further liability for slight negligence is excluded. This includes, in particular, liability for indirect damages, lost profits, and loss of data, except where mandatorily prescribed by law.
• The above limitations also apply in favor of YOYABA GmbH’s employees, agents, and vicarious agents.

Account termination

• You can delete your account at any time from settings.
• We may suspend accounts that violate these Terms.
• After account deletion, your data is deleted within 30 days.
• After a paid subscription ends without account deletion, your organization data is kept read-only for 90 days so you can resubscribe without data loss. After 90 days we delete it with prior notice. You can request earlier deletion at any time.

Governing law

These Terms are governed by German law. The exclusive place of jurisdiction is Hamburg, Germany. Should any provision be or become invalid, the validity of the remaining provisions is unaffected.