Jottr's Terms of Service

The Policy

What That Means

Effective Date: July 1, 2015

Jottr provides a wide array of personalization services, including the jottr.ai website, Jottr platform, Jottr app and other related services (“Services”).

By using the Services, you agree to the following Terms of Service (“Terms”). Please review them carefully. If you do not agree, then do not use the Services.

As required by law, these are the terms you agree to when using our services.

Scope of This Agreement

The Terms govern your access and use of the Services. We reserve the right in our sole discretion to modify, amend, or supplement the following Terms at any time. We will make reasonable efforts, that you hereby agree to, to notify you of changes to the Terms, such as email notifications, prominent displays on our website and/or notifications within our app. Despite these notices, you should still periodically review these Terms. By continuing to use the Services after a change to the Terms, you agree to the Terms as changed.

In order to use our Services, you must abide by our Terms. We may need to change these terms from time-to-time, so please be sure to review them periodically.

Content Between You and Us

All content provided through our Services, including but not limited to any text, graphic, interface, feature, logo, symbol, sound, software code, compilation of content, and “look and feel” (the “Content”) are the sole property of Jottr, except for any content provided solely by you. The Content is protected by all applicable trademark, copyright, patent, and trade secret law. Jottr hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Content, provided that you agree and abide by the Terms. You may not copy, reproduce, publicly display, host, transmit, encode, modify, sell, lease, license, or distribute any of the Content without the express written consent of Jottr. You may also not reverse engineer or extract source code without Jottr’s written permission. You agree to not “deep-link,” frame, or embed the Content without the express written consent of Jottr. You may not use Jottr’s trademarks in metatags or otherwise without Jottr’s express written consent All rights not expressly granted to you by Jottr are retained by Jottr, and our licensors, suppliers, publishers, rightsholders, or other content providers.

As part of your use of the Services, you may submit or post content through and/or to the Services. You certify that any information provided by you is accurate and truthful. You further agree that any such content provided by you is owned or licensed by you, and that such content does not violate the law or anyone’s rights. Although you own the content you provide, you grant Jottr a non-exclusive, worldwide, royalty-free, transferable, and sublicensable right to use, copy, modify, publish, display and process the content that you provide through the use of the Services. You agree that we are not responsible for any harm that results from the content you, other users, or third parties post or submit through the Services.

If we sell or otherwise transfer part or whole of Jottr or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), your information such as name, email address, user content, or other information collected through your use of the Services, may be sold or transferred. By using the Services, you consent to such a sale or transfer of your information.

In order to access and use the Services, you may need to create an account and password. You agree to access the Services using only the account created and owned by you. You are entirely responsible for the maintenance, safekeeping, and confidentiality of your account and password, as well as any harm that results from its misuse by you or others. You agree to be responsible to Jottr for any losses incurred by your failure to maintain the safety and confidentiality of your account. You agree to notify us immediately if you know of or suspect any unauthorized use of your account. You further agree to not transfer, license, sell, or otherwise relinquish your account and password to anyone. Jottr may, in its sole discretion, restrict, block, suspend, or terminate your account for any reason it chooses. In the event your account is terminated, all licenses granted to you by Jottr are thereby immediately revoked.

We own a lot of content, software and intellectual property. You may use our stuff, but it comes with certain restrictions. All we ask is that you respect our rights and not do anything to harm Jottr.

You may post content to Jottr provided it does not break any law. You will always own the content and you grant Jottr the right to display your content.

If we ever sell our business, information we’ve collected from or about you may be sold or transferred to another party.

You may create an account to use Jottr. If you do, please be sure to keep your account information safe. You are responsible for any damage caused by the mishandling of your account. If your account is comprised in any way, please notify us immediately. Also, we reserve the right to refuse service to anyone.

Access to the Services

You may not use any robots, spiders, crawlers, scrapers, programs, or other automated code to access, acquire, copy, or monitor the Content or Services without the express written consent of Jottr. You may not use any device, software, program, or process that interferes with the Services or places an unnecessary load on Jottr’s servers. You agree that any access or use of the Services by you is strictly to access or use the services as intended by Jottr.

Please use Jottr as intended. You are not allowed to access our Services using anything that might impair or harm the Services or Jottr.

Transparency Policy (previously known as Privacy Policy)

Jottr hereby incorporates its Transparency Policy into these Terms. Jottr’s Transparency Policy applies to your access and use of the Services. The Transparency Policy explains what information we collect from you and how we treat it. Please click here for more information about our Transparency Policy.

Our Transparency Policy is central to our company and is included in the Terms.

Links to Other Sites

Our Services contain content from and links to third-party websites, applications, and services. These links and content are not under our control, and we are not responsible for or endorse the content on such websites. The content is provided under a Fair Use agreement. You agree that we are not responsible for the availability, accuracy, or safety of any content or service provided on or through third party websites.

You are going to encounter links to other websites and content when using Jottr. But since we can’t control what other people put on their websites, we’re not responsible for what’s on there.

Disclaimer of Warranties

JOTTR’S SERVICES, CONTENT, INFORMATION, AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. JOTTR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, ACCURACY, LEGAL STATUS, OR AVAILABILITY OF THE SERVICES OR CONTENT PROVIDED THROUGH ITS SERVICES. YOU USE JOTTR’S SERVICES AT YOUR OWN RISK. ALL CONTENT AND INFORMATION PROVIDED BY JOTTR IS SUBJECT TO CHANGE WITHOUT NOTICE. JOTTR DOES NOT ENSURE, VERIFY, OR REPRESENT THAT ANY FILES OR OTHER DATA YOU RECEIVE FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER CONTAMINANTS.

JOTTR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.

TO THE EXTENT YOUR STATE DOES NOT ALLOW SOME OR ALL DISCLAIMERS, THESE DISCLAIMERS MAY NOT APPLY TO YOU.

We try our best to have the Services running smoothly. But, for many reasons, we can’t always do that. So you use Jottr knowing that it’s available as-is and we don’t make any representations otherwise.

Limitation of Liability

YOU AGREE THAT JOTTR, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS OR OTHER ENTITIES THAT JOTTR WORKS WITH IN PROVIDING THE SERVICES, SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES RELATED TO OR ARISING OUT OF THE SERVICES, EVEN IF WE ARE AWARE OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE LESSER OF (1) THE AGGREGATE OF YOUR PAYMENTS MADE TO JOTTR OR (2) $1,000.

TO THE EXTENT YOUR STATE DOES NOT ALLOW LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.

We hope you love using Jottr and love us. But we know that not everyone will be happy and a dispute may arise. If that happens, we’re not liable for various things.

Indemnity

You agree to indemnify and hold harmless Jottr, our officers, directors, shareholders, predecessors, affiliates, successors, employees, and agents from any claims from third-parties arising out of or related to your access or use of the Services.

If someone sues us because of something you did, you agree to pay our costs.

Dispute Resolution

Any dispute or claim arising out of or related to these Terms, Jottr’s Services, or its Transparency Policy will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association. You agree to arbitrate all disputes in San Francisco, California and waive any objection to personal jurisdiction. Any claim under these Terms must be brought within one year after the claim arises, or it will be forever prohibited. You agree that any dispute brought pursuant to this provision may only proceed on an individual basis. You waive any and all rights to bring or proceed in arbitration as a class or collective action.

We hope to resolve all disputes amicably. If an issue does escalate, the dispute must be settled by binding arbitration held in San Francisco, CA.

Applicable Law

You agree that the law of California, without regard for conflict of laws principles, will govern any dispute arising out of or relating to these Terms.

The applicable law for any dispute is California.

Copyright Complaint Procedure

We respect the rights of others and take all complaints of infringement seriously. We respond to notices of infringement as quickly as we can and terminate the accounts of repeat infringers. If you believe that your work appears in a way that infringes on your copyrights, please submit a notice to the Copyright Agent designated below and provide the following information:

  • A description of the allegedly infringing work;
  • A description of the copyrighted work that you claim is being infringed;
  • Your contact information, including name, email address, and telephone number;
  • A statement by you that you are submitting the notice in good-faith and the use of the work is not authorized by law;
  • A statement by you, under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send all copyright infringement notices to: copyright@jottr.ai.

We believe strongly in creativity and that creators should be acknowledged. If we have unintentionally published your work without attribution, please let us know.
Miscellaneous

These Terms represent the entire agreement between you and Jottr. The Terms supersede, and replace any other prior understandings or agreements between you and Jottr. If a court of competent jurisdiction deems a provision in the Terms void or unenforceable, such provision shall be eliminated to the extent necessary to ensure the continuing validity of the Terms. Failure of any one provision of the Terms does not render the entire agreement unenforceable. Jottr’s failure to enforce a provision of the Terms is not waiver of its right to do so at a later date.

These Terms are the entire agreement between you and us. If something we’ve said cannot be enforced, it does not affect the rest of the agreement. If we choose not to enforce something, we may choose to enforce it later.