Terms of Service
These Terms of Service (this "Agreement") set out the terms on which JASSBY, INC. ("Jassby", "we" or "us") will provide access to and use of certain services available on or through its websites and/or mobile applications (collectively, the "Service") to you, a user of the Service ("you" or "User"). You should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Service on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and the terms "User" and "you" will include both you, the individual user, and such organization. If you are a parent or guardian reviewing and accepting these terms on behalf of a child, "Users" and "you" refers both to you and your child. If you do not agree to these terms and conditions, you must not use the Service.
THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND JASSBY, AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THIS AGREEMENT CAREFULLY.
- Nature of the Service
- General. The Service allows Users to access certain information or other content (which may include data, text, photos, video or other materials or content) related to finances, shopping, and other topics.
- No Financial Advice. Though the Service is intended to allow parents or legal guardians ("Parents"), grandparents ("Grandparents") and their children or grandchildren ("Children" or "Child") to learn about finances in a fun, safe way, Jassby is not engaged in rendering financial advice through the Service. The information provided via the Service should not be interpreted as a substitute for consultation with a financial professional regarding any financial matter. You represent to us (which representation shall be deemed to be made each time you use the Service) that you are not using the Service for the purpose of seeking financial advice.
- Family Organizer Account. In order for you and your family to use the Service, a Parent must first create a user account with the Service, designating him or herself as the head of your family for purposes of your family's use of the Service (the "Family Organizer"), by registering, as set forth below (the "Family Organizer Account"). Each family group that is registered with the Service (a "Family") may have only one Family Organizer. Only the Family Organizer may create user accounts for additional Family members or allow additional Family members to join the Family. The Family Organizer Account requires designation of a bank account, debit card or credit card which will be debited or charged when you use the Service (a "Funding Source").
- Additional Parent Account. For an additional parent (an "Additional Parent") to use the Service as part of your Family, the Family Organizer must create a user account with the Service for the Additional Parent within the Family (an "Additional Parent Account"). Once the Family Organizer has created an Additional Parent Account, the Additional Parent may link a Funding Source to the Service in order to use the Service.
- Child Account. For a Child to use the Service as part of your Family, the Family Organizer must create a user account with the Service for the Child within the Family (a "Child Account"). Where possible, a Child who has his or her own bank account (a "Child Bank Account") may link this to the Service, subject to Family Organizer consent. Such linkage is for viewing purposes, only, and the funds in the Child Bank Account will not be used for making purchases through the Service.
- Grandparent Account.For a Grandparent to use the Service as part of your Family, the Family Organizer must create a user account with the Service for the Grandparent within the Family (a "Grandparent Account"). Once the Family Organizer has created the Grandparent Account, the Grandparent may link a Funding Source to the Service in order to use the Service. The Grandparent may not alter controls set by the Family Organizer over a Child Account. The Grandparent will receive statements showing how funds designated by the Grandparent for use by a Child in the same Family are spent, but the Grandparent will receive no further information on the Child's use of the Service. By creating a Grandparent Account, the Family Organizer expressly authorizes this sharing of information with the user of the Grandparent Account.
- Use of the Service. The Service allows a Parent or Grandparent to designate funds associated with their linked Funding Source for derivative use by the user of a Child Account within the same Family. The Family Organizer may impose limitations on the designation of the funds earmarked for a linked Child Account. A user of a Child Account will vicariously purchase items (each, a "Purchased Item") made available through the Service from a curated selection of suppliers (the "Online Marketplace"). Payments for Purchased Items will be debited from or charged to a Parent or Grandparent Funding Source, as applicable, up to the amount so authorized by the Parent or Grandparent.
The Service also allows users of Parent and Grandparent Accounts to make purchases through the Online Marketplace. Payments for Purchased Items purchased directly by a Parent or Grandparent will be debited from or charged to the Funding Source linked to their account with the Service.
- Payments. By making a purchase from the Online Marketplace or designating funds for the user of a Child Account to spend within the Online Marketplace, you represent and warrant to Jassby that you are authorized to use the Funding Source(s) linked to your account with the Service. If your purchase is subject to a use or sales tax, you may also be charged for those taxes. Users are solely responsible for all purchases made from the Online Marketplace.
By making a purchase from the Online Marketplace or designating funds for the user of a Child Account to spend within the Online Marketplace, you authorize Jassby to initiate recurring automatic Automated Clearing House (ACH) debits from or make recurrent charges to your linked Funding Source in the amounts owed to Jassby for all purchases and applicable taxes. This authorization will remain in full force and effect until you notify Jassby by e-mail at firstname.lastname@example.org that you wish to revoke this authorization. You agree to hold Jassby harmless for any expenses, including fees, incurred as a result of there being insufficient funds in the linked Funding Source. Debits from or charges to a Funding Source will generally occur within 5 days after the date of statements generated by Jassby. Jassby reserves the right to generate statements for purchases immediately after purchase, or within a longer timeframe as Jassby may, in its sole discretion, prescribe, but in no event more than 45 days from a purchase. If you believe that a debit or charge initiated by Jassby occurred in error, there was an error in the amount of a debit or charge, or any other error, you must notify Jassby by e-mail to email@example.com within 60 days of the date of posting of the debit or charge in question.
- Discount Codes. From time to time and at its sole discretion, the Company may offer discount codes to Users, in the form of dollar credits, in varying amounts, to be applied to purchases made through the Online Marketplace. At its sole discretion, the Company may apply conditions to the receipt and use of such discount codes, for example, to incentivize certain interactions between the Users and the Service. By using the Service, you authorize us to apply any such discount codes to purchases made by you and your child.
- Children. The Service is not directed to users under the age of 13 without the consent of a Parent. The Service does not knowingly collect personal information from children under the age of 13 without consent of a Parent. If you are under the age of 13, you are not permitted to register as a User or to send personal information to Jassby without consent of a Parent, other than to the extent needed to obtain a Parent's consent.
In order to use certain parts of the Service, you may be required to provide us with your name and email address or other screen name or user name that functions as online contact information, create a password and register with us. Family Organizers who create user accounts for other Family members may also be required to provide us with the names, email addresses, and birth dates of those Family members. To the extent you are using the Service on behalf of an organization, you may need to also provide us with information in order to confirm, or permit us to confirm, any relationship between you and such organization. We may also request additional information from you. You represent and warrant to us that you will provide us with accurate, current and complete registration information. You are responsible for your registration, and for all use of the Service using any User credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.
- Fees and Orders
The Service, or certain features of the Service, may be available only if certain subscription fees or other fees (collectively, “Fees”) are paid by you, or for your benefit (e.g., we may permit a third party to pay certain Fees for your benefit). If you purchase any subscription plan for the Service or use certain features of the Service, you must pay any applicable Fees. You will provide us (or our designated third-party payment provider) with accurate and valid credit card or other payment information and update your credit card or other payment information in the event any information provided becomes invalid or incomplete. If any charge is rejected by our bank or payment providers, you are still liable to pay the Fees. We retain the right to charge interest on any overdue balance at the rate of 1.5% per month, or the maximum amount permitted by law (if lower). You will also be responsible for our reasonable costs of collection, including attorney's fees, if we deem it necessary to take any legal or administrative action to collect unpaid Fees. We reserve the right to accept, refuse or cancel any orders placed through the Service, without liability or justification. We will refund you in case your order was cancelled by us after your credit card or other payment method has been charged.
- Our Ownership Rights
The Service, including all aspects of Jassby's websites and mobile applications (including Our Property, as defined below), is the property of, and owned by, Jassby or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via the Service are “Our Property.” Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The mark Jassby, Inc., and any associated logos, are registered or unregistered trademarks or service marks of Jassby or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own personal, non-commercial use, as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
- Use of the Service
You must not (a) use the Service in any way that would violate any law or the rights of any person; (b) impersonate any person or entity; (c) except as otherwise expressly permitted by this Agreement, harvest or otherwise collect information about others from the Service; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (f) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of the Service; (h) abuse the Service's comments, ratings or review features or sections; or (i) use the Service in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Service.
- Social Media
From time-to-time, we may offer functionality on the Service permitting you to connect the Service to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your Service account with any Social Media Accounts, you will be able to take advantage of various social features Jassby may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will generally be designed to share information with others. For example, your friends and others who have access to view information about you on Facebook may be able to see (on Facebook and on the Service) that you are a user of the Service, and other information about your use of the Service. You may also be able to see similar information about your Facebook friends who are users of the Service. Please pay careful attention to your relevant Social Media Account settings in your Service account as well as your privacy settings in your Social Media Accounts which will impact this feature, when available, and may give you some control over the information that is shared and with whom it is shared.
BY CONNECTING YOUR SERVICE ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT AND YOUR SETTINGS ON THE SERVICE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, PLEASE CHANGE YOUR SETTINGS APPROPRIATELY. Jassby and social media sites are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in this Agreement.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”), the Feedback will be the sole property of Jassby. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
- Warranty Disclaimers and Limitations of Liability
THE SERVICE AND PURCHASED ITEMS ARE PROVIDED “AS IS”, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE SERVICE OR ANY PURCHASED ITEM OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR ANY PURCHASED ITEM OR OUR PROPERTY. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty.
JASSBY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. JASSBY HEREBY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OF THE SERVICE OR THIRD PARTIES.UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY OR ANY PURCHASED ITEM, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY OR ANY PURCHASED ITEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE AND PURCHASED ITEMS IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $10).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Cloud Services and Third Party Services
Without limitation of the disclaimers and limitations of liability set forth in Section 8, you acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third party cloud providers (collectively, the “Cloud Providers”); (b) the price at which we could afford to offer the Service would vary if we provided the Service other than using such cloud services; and (c) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
You will indemnify us, and our licensors, providers and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees (“Liabilities”) arising out of or related to your breach of this Agreement or your use of the Service (but excluding any Liabilities to the extent caused by our negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
- Our Privacy Policies
- Suspension and Termination
You may terminate this Agreement at any time by closing your account and ceasing to use the Service. We reserve the right to suspend your account and/or access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by email to registered Users or posting on our website or mobile applications), for any reason or no reason.
If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Service, (c) that the license and rights provided by us under this Agreement shall end, and (d) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or for termination of access to your account.
Any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.
- Modification of Service and Agreement.
We reserve the right to modify the Service at any time, without notice to you. We may also from time to time amend this Agreement prospectively. If we do so, we will notify you by email (for registered Users) and posting on our website or mobile applications. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, you must terminate your account and cease using the Service. Except as set forth above, this Agreement may be amended or modified only by an express writing signed by Jassby.
- Applicable Law
You and we each agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the Commonwealth of Massachusetts, U.S.A., without regard to its or any other jurisdiction's conflicts of laws principles that would apply another law. Any action or proceeding by you relating to any claim arising from or relating to the Service or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed.
We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
- Force Majeure
In no event will we be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Service or using or disclosing any of Your Content.
- Compliance with Laws
You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations and executive orders.
We are based in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Miscellaneous Provisions
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties' successors and permitted assigns. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement. You agree that email to your email address on record will constitute formal notice under this Agreement. There shall be no third party beneficiaries to this Agreement.