Terms of Use – JUSTJAMME

1. Acceptance of Terms of Use Agreement

By creating a JUSTJAMME (hereinafter “JAM”) account, you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, each of which is incorporated by reference to this agreement, and (iii) any terms disclosed and agreed to by you if you purchased additional features, products or services we offer on the JAM application (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be accessible through the JUSTJAMME application (“JAM Application”) and also on www.justjamme.com. The most recent version shall be the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which may include notification through the JAM Application or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

2. Services

This Agreement shall cover the use of the following services on the JAM Application (collectively, the “Services”), which JAM may in its sole discretion, discontinue or modify from time to time without prior notice:

a. a digital per-minute timer which shall allow you to engage with another JAM user on an agreed rate-per-minute (hereinafter, “RPM”) as set by the seller (the “Seller”). The buyer (the “Buyer”) who makes an offer to start a JAM session with the Seller on the JAM Application has the option to set the maximum amount they may be charged and billed for the Seller’s time before the start of any JAM session (“Money-Cap”) at an acceptable value. This Money-Cap is also the monetary value which will be reserved (or placed on pre-authorisation hold) on the Buyer’s bank card at the start of the JAM session. Only the Buyer can start a JAM session, and both the Buyer and/or Seller can stop a JAM session at any point in time;

b. a “chat” function, wherein you may use written text to communicate with another user registered on the JAM Application; and

c. a data retrieval service which shall allow you to access your account’s historical records. Such data shall include, but not be limited to, the date and time of each JAM session, the duration of each JAM session, the rate per minute (RPM) paid by you as well as the total amount billed to you for each JAM session;

3. Payment

During registration, you agree to provide details of your desired payment method through Visa, Mastercard or Amex. JAM uses “Stripe” as a third party payment gateway and you acknowledge and agree that any payment processing fees charged by Stripe and commissions due to JAM for any transaction on the JAM Application shall be directly and automatically charged to the Buyer’s card account.

a. JAM charges a commission of ten percent (10%) or SGD1.00, whichever is the higher, on completion of every transaction between any Buyer and Seller and from the total payment made by the Buyer to the Seller. The Seller shall receive the payment amount at the rate of the RPM multiplied by the number of minutes elapsed during the JAM session with the Buyer, less the commission stipulated above, which shall be processed by “Stripe” as a third party payment service provider;

b. The commission fees shall be inclusive of Stripe’s fees for processing any transaction between users;

c. Unless stated otherwise, all prices and fees shown on the JAM Application are exclusive of taxes and regulatory fees (if any);

d. Your card payment information will only be stored and processed by Stripe and not by JAM , and subsequently used for the automatic card payments in accordance with this Agreement;

e. You may unconditionally withdraw your consent to automatic card payments at any time by deleting your account on the Settings page of the JAM Application, however you will still be obligated to pay any outstanding amounts;

f. You may edit your Payment Method information by going to Settings under the JAM Application. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, you remain responsible for any uncollected amounts and authorise us to continue billing the payment method, as it may be updated. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method; and

g. Generally, all charges and transactions made on the JAM Application are non-refundable.

4. Eligibility

You affirm that you are at least [18] years of age and are otherwise fully competent to enter into the terms, affirmations, representations and warranties set forth in this Agreement. By creating an account and using the Services, you represent and warrant that:

You are able to form a binding contract with JAM;
You and your business or company are not persons who are barred from using the Services under the laws of any applicable jurisdiction; and
you shall comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

5. Your Account

In order to use JAM, you could potentially sign in using your Facebook or Google login. If you do so, you authorize us to access and use certain Facebook or Google account information, including but not limited to your public Facebook or Google profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

When you register an account on JAM, you warrant that you shall provide JAM information that is accurate, complete and current at all times. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for JAM, and you are solely responsible for the activities of all users who access or use the Services through your account and you agree and undertake to ensure that any such user will comply with the terms of this Agreement. If you think someone has gained unauthorised access to your account, please change your login credentials and password on JAM, or immediately contact us at support@justjamme.com.

6. Modifying the Service and Termination

JAM is always striving to improve its Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before making them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the JAM Application. JAM may terminate your account at any time without notice if it believes that you have acted in breach of this Agreement or for any reason whatsoever, in its sole and absolute discretion. Upon such termination, you will not be entitled to any refund for purchases or payments made to JAM.

7. Safety: Your Interactions with Other Users

Though JAM strives to facilitate a respectful user experience, JAM is unable to have supervisory oversight and control of all content posted and/or services provided by its users on the JAM Application and is not responsible for the conduct of any user on the JAM Application. You agree to exercise caution in all your interactions with other users and acknowledge that you use the Services at your own risk. You undertake and agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT JAM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS REGISTERED USERS. JAM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE JAM APPLICATION.

8. Rights JAM Grants You

JAM grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sub-licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the benefits of the Services on the JAM Application as intended by JAM and permitted by this Agreement. Therefore, you agree not to:

use the Services or any content contained on the JAM Application for any commercial purposes not contemplated within this Agreement without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without JAM’s prior written consent.
infringe on any proprietary rights of any party.
spam or randomly generate content constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
express or imply that any statements you make are endorsed by JAM.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the JAM Application, the Services or its contents.
use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the JAM Application.
upload viruses or other malicious code or otherwise compromise the security of the JAM Application.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services.
“frame” or “mirror” any part of the Services without JAM’s prior written authorization.
use meta tags or code or other devices containing any reference to JAM or the Services (or any trademark, trade name, service mark, logo or slogan of JAM) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
use or develop any third-party applications that interact with the Services or other users’ Content or information without JAM’s prior written consent.
use, access, or publish the JAM application programming interface (API) without JAM’s prior written consent.
probe, scan or test the vulnerability of our Services or any system or network.
encourage or promote any activity that violates this Agreement.

JAM may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Services, and reserves the right in its sole and absolute discretion to terminate the user’s account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

9. Rights you Grant JAM

By registering an account, you grant to JAM a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Google, Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the JAM Application or transmit to other users (collectively, “Content“). JAM’s license to your Content shall be non-exclusive. In addition, so that JAM can prevent the use of your Content outside of the Services, you authorize JAM to act on your behalf with respect to infringing uses of your Content taken from the Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to the laws of Singapore, on your behalf if your Content is taken and used by third parties outside of the JAM Application. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by said laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new services and/or features. You agree that any Content you publish or that you authorise us to place on the JAM Application may be viewed by other users and may be viewed by any person visiting or participating on the JAM Application.

You hereby represent that you have the right to post the Content on the JAM Application and grant the license to JAM above.

You understand and agree that we may monitor or review any Content you post as part of the Services. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Services.

When communicating with us, you agree to be respectful and kind. If we feel that your behaviour towards us or any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for JAM allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising material on the JAM Application. By submitting suggestions or feedback to JAM regarding our Services, you agree that JAM may use and share such feedback for any purpose without compensation you.

Please be informed that JAM may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

10. Community Rules

By using the Services, you agree that you will not:

use the Services for any purpose that is illegal or prohibited by this Agreement;
use the Services for any harmful or nefarious purpose;
use the Services in order to harm or cause damage to JAM;
act in breach of this Agreement, as updated from time to time;
spam, solicit money from or defraud any users;
impersonate any person or entity, including JAM, or post any images of another person without his or her permission;
bully, “stalk”, intimidate, assault, harass, mistreat or defame any person;
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
post any Content that is hate speech, threatening, sexually explicit or pornographic;
post any Content that incites violence;
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
use another user’s account, share an account with another user, or maintain more than one account; and
create another account if we have already terminated your account, unless you have our prior written authorisation.

JAM reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Services or behaved in a manner that JAM regards as inappropriate or unlawful, including actions or communications that occur on or off the Services.

11. Other Users’ Content

Although JAM reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and JAM cannot guarantee that all such Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via our contact us.

12. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work or Content has been copied and published on the JAM Application in a way that constitutes copyright infringement, please provide our customer support with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the JAM Application (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you believe in good faith, that the disputed use is not authorised by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to [support@justjamme.com].

JAM reserves its right to terminate the accounts of repeat infringers.

13. Disclaimers

JAM PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JAM DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

JAM TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

14. Third Party Services

The JAM Application may contain advertisements and promotions offered by third parties and links to other third party web sites or resources. JAM is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. JAM is not responsible or liable for such third parties’ terms or actions.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JAM, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF JAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JAM’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO JAM FOR THE SERVICES AND USD100 WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. Arbitration, Class-Action Waiver, and Jury Waiver

a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by SIAC rules, before a single arbitrator to be conducted in the English language in Singapore. You agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against JAM.

b. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and JAM (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

17. Governing Law

This agreement is governed by the Law of the Republic of Singapore.

18. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless JAM, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.

19. Entire Agreement, Other

This Agreement, along with the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Services, contains the entire agreement between you and JAM regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your JAM account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind JAM in any manner.