These Terms and Conditions (this “Agreement”) explain the terms by which paying subscribers (“Clients”) may use the Platform, and other online or mobile services we may provide (collectively, the “Service”). Please read this Agreement carefully before using the Service. By accessing or using the Service, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all Clients, visitors, users, and others who access the Service and those that access the mobile apps and/or web online courses our Service creates (collectively, “Users”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Agreement is maintained on our website. We reserve the right, in our sole discretion, to modify or replace this Agreement from time to time. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. In addition to updating the 'last updated' date, we will notify you of any material changes via email or through an in-platform notification. You are responsible for reviewing and becoming familiar with the updated terms. Your continued use of the Service after receiving such notice will constitute your acceptance of the updated terms.
For material changes that affect your rights or obligations, we will provide a 30-day notice before the updated terms take effect. You may choose to discontinue using the Service if you do not agree to the new terms.
By agreeing to this Agreement, you acknowledge that it is your responsibility to regularly review the Terms of Use. Your failure to review the updated terms does not limit your obligation to comply with them.
You may use the Service only if you have the legal capacity to enter into a binding contract under the laws of your jurisdiction and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Use by individuals under 18 or by any individual or entity previously removed from the Service is strictly prohibited.
We do not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers). Jedari reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service. For material modifications, we will provide clients with a 30-day notice. Jedari will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
All Fees are earned upon receipt and are non-refundable. Clients may terminate their service at any time, but no refunds will be provided for any remaining portion of the subscription term. No refunds will be issued based on client milestones or platform performance.
Fees may be paid via Stripe, credit card, or other designated payment methods. Clients authorize Jedari to set up an automated recurring billing process. If the Client desires to terminate the service, such notice must be delivered to Jedari in writing before the next recurring billing cycle.
Billing will be collected according to the payment and subscription plans you signed up for the Services (collectively referred to as the “Term” or “Terms”). The obligation to pay the Fees shall apply irrespective of whether you use the Services or not. All amounts are earned when received and are non-refundable. The Agreement will continue for the entirety of the Term and automatically renew for the monthly subscription plan available at the time the Term ends. Either party may terminate this Agreement at any time and for any reason without notice to the other party. If a Client terminates this agreement before the end of the current Term, the Client will be required to pay the remaining amounts due through the end of the Term and is not entitled to a refund of any amount. Termination or expiration of this Agreement shall not affect any rights or obligations of the parties, including the payment obligations due through the end of the Term or which have accrued up to the date of such termination or expiration.
By using the Service, you agree to comply with the following acceptable use guidelines:
We may allow you to post content on the Service, including training materials, videos, comments, photos, blog posts, messages, and other materials (collectively, "User Content"). You retain ownership of all User Content that you submit, post, display, or otherwise make available on the Service.
You own all of the User Content you post on the Service. However, by posting content on the Service, you grant Jedari a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and distribute your content solely for the purpose of operating and providing the Service. This license allows us to make your content accessible to other users and may include promotional purposes, such as showcasing user-generated content on the platform. You permit us to use your company and/or trade name and logo on our website and other promotional materials. Jedari and its Affiliates will not use your content to market or promote to other users.
You are solely responsible for the content you submit, post, or share through the Service. By uploading, posting, submitting, or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights to your content and that your content does not violate any third-party rights or applicable laws. This includes but is not limited to intellectual property rights, privacy rights, and publicity rights.
You agree not to upload or post content that:
Jedari reserves the right, but is not obligated, to remove any content that it deems, in its sole discretion, to violate these Terms or that may harm the Service or its users. Jedari may remove content following complaints or upon detection of policy violations.
Jedari assumes no responsibility for any content posted by users. You are solely responsible for the content you post and any consequences thereof, including but not limited to any claims of intellectual property infringement or defamation.
Jedari does not own the data or information submitted by you related to your End Users, including but not limited to End User email addresses, credit card or banking information, or other personally identifiable information (collectively, "End User Data"). You retain ownership of all End User Data collected through your use of the Service.
Clients are solely responsible for ensuring that their collection, storage, and use of End User Data complies with all applicable data privacy regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Jedari assumes no responsibility for a Client’s failure to comply with such regulations.
Clients agree to provide Jedari access to End User Data for limited purposes, including but not limited to billing End Users for their use of the Jedari platform, support, and operational functionality. Jedari and its affiliates will not use End User Data for marketing or promotional purposes.
Jedari employs industry-standard security measures to protect End User Data from unauthorized access or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, and Jedari cannot guarantee absolute security of End User Data.
Jedari will retain End User Data for as long as necessary to provide the Service, or as required by applicable laws. Clients or End Users may request deletion of their data by contacting us, and we will comply with such requests in accordance with our legal obligations.
Except for User Content and End User Data, the Service, and all intellectual property rights related to it, are the exclusive property of Jedari (“Exclusive Content”). This includes but is not limited to trademarks, trade dress, designs, logos, and all content on the platform. You are granted a limited, non-exclusive, revocable license to access and use the content provided by Jedari solely for the purposes of accessing and using the Service in accordance with these Terms. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, or create derivative works from Jedari’s Exclusive Content without our prior written permission.
To publish and update apps to Google Play and the Apple App Store, it is required that Jedari provide proprietary information and files such as, but not limited to, APKs, IPAs, P12s, keystore certificates, and push notification certificates. These files and information are proprietary and integral to our Service and will not be provided to Users.
If Jedari assists the Client with providing enhancement(s) to the Service or Software, creates custom functionality, or develops custom plugins (collectively referred to as “Enhancements”), even if the Client paid Jedari for such Enhancements, these remain the exclusive property of Jedari unless otherwise agreed in writing.
Clients own or have rights to all intellectual property in any enhancements or custom plugins developed independently through capabilities provided by a registered developer account. In such cases, the Client is solely responsible for the maintenance, support, and compatibility of these enhancements with Jedari’s platform. Jedari assumes no responsibility for any issues arising from independently developed enhancements.
We value input from our Users and are always interested in learning of ways we can improve the Service. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Jedari under any obligation, including compensation. By submitting feedback, you waive any claim to ownership, intellectual property rights, or compensation relating to such feedback, and Jedari may freely use this feedback without restriction.
Jedari monitors user service activity, including platform performance, troubleshooting, and service improvement. Analytics data will be anonymized where applicable and used in accordance with our Privacy Policy.
You may send messages through our Service to other users or to third parties (“Messages”). By using the messaging feature, you agree to the following:
Jedari requires users of the Service to respect the copyright and other intellectual property rights of third parties. If you believe that content hosted on the Service infringes your copyright, you may submit a notice of infringement as follows:
Jedari complies with the Digital Millennium Copyright Act (DMCA) and responds to valid copyright takedown requests in accordance with the law. If you believe your copyrighted material has been infringed, you may file a notice of infringement with our designated copyright agent at:
Jedari Copyright Agent
1201 North Market Street
Suite 111
Wilmington, DE 19801
Email: support@jedari.com
Your notice should include:
Jedari reserves the right to terminate access to the Service for users who are deemed to be repeat infringers of intellectual property rights, in accordance with applicable copyright laws.
All content provided by Jedari, including but not limited to software, text, and graphics, is protected by copyright laws. Unauthorized reproduction, distribution, or display of Jedari’s content is strictly prohibited and may result in legal action.
Your use of the Service is subject to Jedari's Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy for more details.
Jedari complies with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
You have the right to access, correct, or delete your personal information in accordance with our Privacy Policy. If you wish to exercise these rights, please contact us at support@jedari.com.
We may share your personal data with trusted third parties, such as payment processors or analytics providers, in order to provide the Service. Jedari will not sell or share your personal data with third parties for marketing purposes without your explicit consent.
Jedari implements industry-standard security measures to protect your personal data and ensure secure transactions. However, no system is entirely secure, and we cannot guarantee the absolute security of your data.
You agree to defend, indemnify, and hold Jedari, its parents, subsidiaries, agents, affiliates, officers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including reasonable attorneys' fees and costs) arising from:
This indemnity includes claims related to intellectual property infringement, data breaches, and violations of applicable privacy laws, including GDPR and CCPA. This indemnity extends to third-party service providers, such as payment processors or hosting providers, that assist Jedari in providing the Service.
The indemnity provided by you does not apply to any claims, damages, or losses caused by the gross negligence or intentional misconduct of Jedari.
In the event of any claim triggering this indemnity, Jedari will provide you with prompt notice of the claim, allow you to assume control of the defense, and cooperate with you in the defense of the claim at your expense.
The Service, including all content and features, is provided on an "as is" and "as available" basis. The term "as is" means that the Service is provided without any warranties regarding the quality, performance, or fitness for a particular purpose. The term "as available" means that the Service may not always be available, uninterrupted, or error-free.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any content downloaded or otherwise obtained through the use of the Service is accessed at your own risk, and you will be solely responsible for any damage to your device or loss of data that results from such download.
Jedari does not warrant the accuracy, reliability, or quality of any content provided by third parties through the Service, including but not limited to links to third-party websites or advertisements.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you, and our liability will be limited to the extent permitted by law.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Jedari. Jedari does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
Jedari is not responsible for the privacy practices, terms of service, or content of any third-party websites or services that may be linked through the Service. Your use of these third-party services is at your own risk, and you should review their terms and policies independently.
Any transactions, agreements, or interactions you enter into with third-party services, including payments or deliveries of goods, are solely between you and the third party. Jedari assumes no liability for any loss or damage arising from your interactions with third parties.
Jedari does not warrant or guarantee the accuracy, completeness, or reliability of any third-party content made available through the Service.
Any advertisements appearing on the Service are not endorsements by Jedari, and we do not guarantee the quality or reliability of the products or services advertised.
To the maximum extent permitted by applicable law, Jedari and its affiliates, licensors, suppliers, or distributors will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of these damages.
This limitation includes, but is not limited to, damages for loss of goodwill, business interruption, loss of data, personal injury, or computer/device failure. Jedari is not liable for any damages arising from unauthorized access to your account, third-party actions, interruptions or failures in service, or any use of the Service beyond our control.
Except as otherwise expressly set forth in these Terms, the maximum total liability of Jedari, its affiliates, licensors, suppliers, and distributors to you for any claim related to the Service, whether in contract, tort, or otherwise, is the greater of $10 or the amount you have paid for the Service in the past 12 months.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the extent permitted by law.
Jedari may terminate or suspend your account or access to the Service at any time, with or without cause, and without prior notice. Jedari reserves the right to terminate or suspend your account or access to the Service for any reason, including but not limited to breaches of these Terms, misuse of the platform, failure to pay fees, or engaging in behavior that may harm the Service or its users.
Where possible, Jedari will provide you with notice of termination or suspension of your account via email or through the Service.
Upon termination, your right to use the Service will immediately cease. Jedari may delete your account and any associated data. You may request a copy of your data before termination, where permitted by law and in accordance with our data retention policies.
Termination or suspension of your account will not affect any rights or obligations that have accrued prior to termination, including but not limited to intellectual property rights, indemnities, and limitations of liability.
This Agreement, along with any policies or additional terms referenced herein, constitutes the entire understanding between you and Jedari regarding the Service, and supersedes any prior agreements or understandings, whether written or oral.
This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved through binding arbitration or mediation in accordance with the rules of the American Arbitration Association, before resorting to litigation in court. Any litigation shall take place in the state or federal courts located in Salt Lake County, Utah, and the parties consent to the exclusive jurisdiction of such courts. Each party irrevocably waives any right it may have to a trial by jury in any legal proceeding arising out of or related to this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
Failure by Jedari to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of Jedari.
Jedari will not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond Jedari’s reasonable control, including but not limited to acts of God, government actions, strikes, internet outages, pandemics, and other events beyond Jedari’s reasonable control.
Notices required or permitted under this Agreement must be sent via certified mail or nationally recognized overnight delivery service to:
Jedari Technology Inc
1201 North Market Street Suite 111
Wilmington, DE 19801
Notices may also be sent electronically to the last known email address associated with your account, except for notices related to legal proceedings, which must be sent by certified mail or overnight delivery.
Jedari may include your name, your app, or your web courses in its general listings of reference clients, press releases, success stories, and other marketing materials, unless otherwise agreed in writing.
Company Name
Jedari Technology, Inc.
Company Address
1201 North Market Street, Suite 111, Wilmington, DE 19801
Phone
(302) 800-0219
Support@Jedari.com