Last updated on Aug 8, 2024
THIS USER AGREEMENT (the “Agreement”) forms a legally enforceable contract between JAMM DESIGN, LLC, a limited liability company established under the statutes of Florida (“Jamm.co”) and the user, whether as an individual or representing an entity (“User”), with respect to the access and use of Jamm.co’s subscription service: https://www.jamm.co/ (the “Subscription”) and any related media form, channel, mobile website or mobile application. Failing to agree and abide by all terms, conditions, and obligations stated herein results in an explicit ban on the User’s use of the Subscription, and the User must immediately cease its use. Subsequently, the relationship between the User and Jamm.co is terminated and holds no further relevance between the parties, except for any pending payment obligations from the User to Jamm.co for services provided.
1. Rights to Intellectual Property
Unless otherwise specified, the Subscription is the property of Jamm.co, and all source code, databases, functionalities, software, website designs, audio, video, text, photographs, graphics of all forms (collectively or individually, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned and regulated by Jamm.co. They are safeguarded by copyright and trademark laws and other relevant intellectual property laws or regulations of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as specifically provided herein, no part of the Subscription and no Content may be copied, reproduced, compiled, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without Jamm.co’s explicit prior written permission. All rights in the Website, Content, and Marks are reserved by Jamm.co.
2. Material Ownership
Despite Jamm.co’s ownership of Submissions, as outlined in Paragraph 4 (“User Feedback”), all designs and original source files created on behalf of the User (“Projects”) belong to the User, and the User alone owns the copyright for all Projects. If any legal operation results in Jamm.co, partially or wholly, becoming the owner of a Project rather than the User, Jamm.co irrevocably and perpetually transfers its entire interest in the Project to the User, without restriction. The User guarantees that all materials supplied to Jamm.co as examples or materials to be integrated into a project during the design process are owned by the User and do not infringe or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any publicity rights. Jamm.co reserves the right to publicly share the User's design work (social media, website, etc.) unless otherwise agreed as stated in section 18 of this document.
3. Third-Party Fonts
In cases where any Project includes fonts not owned by Jamm.co and require a commercial license for the User to lawfully reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Jamm.co will notify the User in writing that one or more Third-Party Fonts have been used in the Project, and that the User will need to purchase one or more licenses for the Third-Party Fonts from the respective rights-holder(s) to lawfully reproduce, distribute, or publicly display the Project. The notice will include sufficient information for the User to identify which licenses are required and whom to contact to purchase said licenses. As long as Jamm.co has informed the User about the inclusion of Third-Party Fonts as described above, the User assumes all responsibility for any consequences resulting from the User’s failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Declarations
By accessing the Subscription, the User confirms and guarantees that: the User has the legal capability and agrees to adhere to these Terms of Use; the User is not a minor in the jurisdiction of their residence; the User will not access the Subscription via automated or non-human means; the User will not use the Subscription for any illegal or unauthorized purpose; the User’s use of the Subscription will not breach any applicable law or regulation.
5. Forbidden Activities
The User shall only use the Subscription for purposes that the Subscription intends to offer. The Subscription may not be used in conjunction with any commercial activities except those that are related to the work performed by Jamm.co on behalf of the User. Additionally, the User agrees not to partake in the following activities: unauthorized usage of the Subscription; extraction of data or content for creating or compiling a database or directory; evasion, disabling, or interference with security-related features of the Subscription; unauthorized framing or linking to the Subscription; deceit, fraud, or misleading of Jamm.co or other users; disruption or imposition of an undue burden on the Subscription or Jamm.co’s networks or servers; usage of the Subscription in an attempt to compete with Jamm.co; deciphering, decompiling, disassembling, or reverse engineering any of the software that comprises or in any way forms a part of the Subscription; bypassing any measures on the Subscription designed to prevent or limit access to the Subscription or any part thereof; harassment, annoyance, intimidation or threatening of any of Jamm.co’s employees, independent contractors or agents providing services through the Subscription; removal of the copyright or other rights notice from any Content; copying or adapting the Subscription’s software; uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other materials including anything that disrupts any party’s usage of the Subscription or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Subscription; uploading or transmitting, or attempting to do so, any materials that act as a passive or active information collection or transmission mechanism; disparaging, tarnishing or otherwise harming Jamm.co; using the Subscription in a manner that is inconsistent with any applicable laws, statutes or regulations.
6. User Feedback
The User recognizes and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) is the exclusive property of Jamm.co and Jamm.co is not obligated to maintain the confidentiality of a Submission or to ensure its confidentiality. Jamm.co is the sole and exclusive owner of all rights related to the Submission except for the rights granted to the User under Paragraph 2 (“Ownership of Materials”), and can use and disseminate a Submission for any lawful purpose without the need for permission, acknowledgment, or compensation to or from the User. The User agrees that it has the right to express and put forth the Submission and hereby waives all claims and recourse against Jamm.co for its use of the Submission in accordance with the terms hereof and at its sole discretion hereafter.
7. Management and Supervision
Jamm.co reserves the right to monitor the Subscription for violations of these Terms of Use and to take suitable legal action in response to a breach of the Terms of Use or any applicable law, statute, or regulation. Jamm.co further reserves the right to restrict or deny access to the Subscription or disable the User’s use of the Subscription. Such decision shall be at the sole discretion of Jamm.co, without notice or liability to the User. All decisions regarding the management of the Subscription shall be at the sole discretion of Jamm.co and shall aim to protect Jamm.co’s rights and property.
8. Privacy Policy
Upon utilizing the Subscription, the Client consents to respect and abide by the Privacy Policy along with the specific terms established within and hereby incorporated. The Subscription’s servers are located in the United States of America. Any access to the Subscription from the EU, Asia, or any other global region may imply the relevance of differing legal norms, regulations, or statutes from those of the United States, specifically those governing the collection, use, or disclosure of personal data. The Client's ongoing use of the Subscription and data transfer to the United States embodies the Client's explicit approval for the data's transfer and processing within the United States. Jamm.co does not knowingly gather or request information from persons under 18 years old. In compliance with the United States’ Children’s Online Privacy Protection Act, if it is identified that an individual below the age of 13 has given personally identifiable data to Jamm.co without parental consent, Jamm.co commits to deleting that information as expediently as possible.
9. Returns and Refunds
Jamm.co does not offer refunds on the Subscription. Any request for a refund by the Client is evaluated individually on a case by case basis. In the event Jamm.co decides to issue a refund to the Client, any materials created by Jamm.co during the refunded Subscription period will remain under Jamm.co's ownership and are strictly forbidden from being used by the Client.
10. Modification
Jamm.co maintains the right to alter, amend, modify, or remove any aspect or content on the Subscription for any reason at its exclusive discretion. Jamm.co reserves the right to modify, end or discontinue the entirety or part of the Subscription without prior notice or liability to the Client.
11. Connection Interruptions
Jamm.co does not guarantee or promise that the Subscription will be constantly available and accessible. Issues related to hardware, software, or other factors may lead to delays, errors, or interruptions beyond Jamm.co's control. The Client agrees that Jamm.co shall not be liable for any loss, damage, or inconvenience suffered by the Client due to their inability to access or use the Subscription during any service or connection interruption.
12. Governing Law
These Terms of Use shall be governed by and construed following the laws of the State of Florida, without consideration of conflict of law principles.
13. Litigation
Any legal proceedings of whatever nature shall be conducted in the state courts of Sarasota County, Florida. The parties involved consent to personal jurisdiction in these courts and waive all defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer
The Subscription is provided on an "as is", "as available" basis. The Client agrees that the use of the Subscription and Services is at the Client’s sole risk. Jamm.co disclaims all warranties, either express or implied, in connection with the Subscription and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Jamm.co makes no warranties or representations about the accuracy or completeness of the Subscription’s content or the content of any linked websites and assumes no liability for any content errors, inaccuracies, personal injury or property damage, unauthorized access to or use of Jamm.co’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or similar items transmitted to or through the Website by a third party, or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available through the Website. Jamm.co does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
Jamm.co and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Subscription. The Client agrees to defend, indemnify, and hold harmless, Jamm.co and its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Subscription; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Jamm.co reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client is required to indemnify Jamm.co. The Client agrees to cooperate with the defense of such claims.
16. User Data
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Subscription. Jamm.co shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Jamm.co from any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client consents to receive electronic communications from Jamm.co and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Subscription satisfy any legal requirement that such communication be in writing. The Client agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Jamm.co or through the Subscription. The Client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
Jamm.co reserves the right to share design work on digital channels including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Jamm.co, which in turn would void the right of Jamm.co to share or discuss the Client's work publicly.
19. Referrals
Jamm.co offers a 5% referral for 1 year from when the referral lead signed on. Referral tracking and payouts are managed through our third-party partner, Rewardful.com.
20. Jamm Holidays
We observe the following Federal Holidays in the United States each year, during which our operations, including customer support and other services, will be closed:
1) New Year's Day
2) Memorial Day
3) Independence Day
4) Labor Day
5) Thanksgiving Day
6) Christmas Day
Jamm does not issue account credits for these Federal Holidays. However, any additional time we are closed company-wide, clients will be issued a credit for that time off. Additionally, Jamm ceases operations for two weeks around Christmas Day and one day on either side of Thanksgiving Day (the Wednesday before and the Friday after). We will credit client accounts for these additional days off.
21. Miscellaneous
These Terms of Use and any policies posted on the Subscription or regarding the Subscription constitute the entire agreement and understanding between the Client and Jamm.co. The failure of Jamm.co to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute a joint venture, partnership, employment, or agency relationship between the Client and Jamm.co.
22. Free Trial Disclaimer
The exclusive free trial period for Jamm.co services lasts 7 calendar days (5 working days) and includes up to 2 design updates, starting from the date of account activation. During this period, any creative outputs remain the intellectual property of Jamm.co until a paid subscription is initiated, at which point ownership rights are transferred to the client as per the subscription agreement.
Access to Figma files and collaborative tools is limited during the trial, with normal access granted upon transitioning to a paid subscription. Normal access includes the ability to copy and export assets, as well as the ability for clients to duplicate the entire Figma file into their own workspace.
By providing payment information, the client agrees to be automatically charged for their Jamm subscription at the end of the trial unless the subscription is canceled before the trial period ends. The client can cancel their subscription anytime during the trial period via the Customer Portal, contacting support via Trello (@jamm_co), or by emailing hey@jamm.co.
23. Contact Information
For any questions or complaints regarding the Subscription, please contact Jamm.co at: hey@jamm.co.