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Jellyreach

Terms of Service

Last Updated: October 12, 2025
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Jellymetrics d.o.o. Tuzla, doing business as Jellyreach ("Jellyreach", "we", "us", or "our"), concerning your access to and use of the https://jellyreach.com website, the Jellyreach application and platform, and any related services, media forms, media channels, mobile websites, or mobile applications related, linked, or otherwise connected thereto (collectively, the "Services"). We are registered in Bosnia and Herzegovina and have our registered office at RME Azabagića 33 Tuzla 75000. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.
The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Services.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Services is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws under international copyright laws and international conventions. The Content and the Marks are provided on the Services "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
ACCOUNT NON-TRANSFERABILITY
Your account, subscription, and any access credentials (including any "lifetime," one-time payment, or promotional accounts) are personal to you and may not be sold, resold, rented, leased, assigned, shared, or otherwise transferred to any third party, including via agencies, marketplaces, or secondary channels. Any attempted transfer is void and may result in immediate termination without refund.
"Lifetime" plans refer to the lifetime of the applicable Jellyreach service offering (not your personal lifetime) and remain subject to these Terms of Use, including our right to modify features, impose fair-use limits, or discontinue plans. We may suspend or terminate accounts obtained through unauthorized resale or transfer and may require proof of purchase from authorized channels.
MARKETPLACE & CODE RESALE BAN
You may not list, advertise, auction, broker, gift, or otherwise transfer any Jellyreach accounts, access, "lifetime" plans, promo codes, or coupons on any marketplace, forum, or social platform. Promo codes and coupons are single-use, non-transferable, and void if obtained or used in violation of this section. We may disable or reclaim accounts or codes acquired via unauthorized channels without refund.
PAYMENTS
We accept the following forms of payment:
  • Visa
  • Mastercard
  • American Express
  • Discover
  • PayPal
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
PAYMENT PROCESSOR
Payments are processed by 2Checkout (Verifone), who acts as the Merchant of Record for transactions. 2Checkout's terms and policies govern the processing of payments, taxes, refunds, and chargebacks. Their name may appear on your payment statement. By making a purchase, you agree to 2Checkout's applicable shopper terms and conditions. Our refund policies stated below apply in addition to the payment processor's terms.
CHARGEBACKS & PAYMENT ABUSE
If a charge is disputed or charged back, we may suspend access to the affected account(s) and seek recovery of the underlying amount plus reasonable processing fees and costs. Repeated or abusive chargebacks may result in termination without refund.
CANCELLATION
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected] and we will refund you if you are in a refund period. Refund period is 7 days after the first purchase only (not renewals or upgrades). All refund requests will be processed within 30 days. Currency conversion and foreign exchange fees are not refunded.
Refunds of upgraded plans are not permitted.
ACCEPTABLE USE & ANTI-SPAM POLICY
You agree to comply with all applicable anti-spam, privacy, and marketing laws, including but not limited to the EU General Data Protection Regulation (GDPR), ePrivacy Directive, UK Privacy and Electronic Communications Regulations (PECR), US CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), and any similar local laws. Without limitation, you must:
  • Obtain and maintain valid, documented consent from each recipient where required by law before sending commercial messages.
  • Honor all opt-out and unsubscribe requests immediately and maintain accurate suppression lists.
  • Use accurate sender identities, subject lines, and headers—no spoofing or deceptive practices.
  • Include a functional, free unsubscribe mechanism in every commercial message.
  • Never use purchased, rented, scraped, or third-party email/SMS lists without proper consent.
  • Maintain acceptable delivery, bounce, and complaint rates as defined by our email/SMS service providers.
  • Keep records demonstrating lawful consent and compliance with applicable regulations.
We reserve the right to impose sending limits, require remediation actions (such as list hygiene or re-confirmation campaigns), or suspend accounts to protect deliverability and our sending reputation with third-party providers.
FAIR USE POLICY
To maintain service quality, reliability, and deliverability for all users, we may apply fair-use limits on message volume, API requests, storage, concurrent operations, and acceptable bounce/complaint thresholds as outlined in your selected plan. We reserve the right to throttle, suspend, or restrict usage that degrades service performance, risks third-party provider reputation, or violates these Terms. We may request corrective actions to address excessive bounces, complaints, or other issues. Repeated or material violations may result in account suspension or termination.
ENFORCEMENT, VERIFICATION & COMPLIANCE
To protect the Services and our providers, we may (i) monitor abuse and deliverability signals; (ii) require proof of opt-in and list-hygiene practices; (iii) request identity or business verification (KYC) where fraud or abuse is suspected; and (iv) suspend or throttle sending or access while we investigate. Failure to cooperate with reasonable verification requests is a material breach and may result in termination without refund.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You must not use the Services to publish, promote, plan, facilitate, or instruct others to commit illegal acts, including but not limited to fraud; phishing or impersonation; money laundering; human trafficking or exploitation; terrorism or violent extremism; doxxing; or trade in illegal drugs, weapons, or stolen data. We may remove content, suspend or terminate access immediately, and report suspected criminal activity to law enforcement authorities.
As a user of the Services, you agree not to:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services
  • Sell or otherwise transfer your profile.
  • Send spam messages via integrated 3rd party providers.
  • Send, upload, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Send, upload, or transmit content that promotes violence, discrimination, or harm against individuals or groups based on race, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic.
  • Send, upload, or transmit content involving the exploitation of minors, child pornography, or any content that violates laws protecting the health or well-being of minors.
  • Send, upload, or transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Send, upload, or transmit content that you do not have the right to transmit under any law or contractual or fiduciary relationship.
SMS & TELECOMMUNICATIONS COMPLIANCE
If you send SMS or similar telecommunications messages through the Services, you must comply with all applicable carrier and regulator rules, including registration requirements, sender ID regulations, US A2P 10DLC rules, opt-in and opt-out keyword requirements, and content restrictions. You must not send content that is sexually explicit, promotes hate or harassment, relates to alcohol/tobacco/vaping products, concerns firearms or weapons, or involves human trafficking ("SHAFT"), or is otherwise prohibited by carriers. We may block, filter, or suspend SMS sending to protect deliverability and compliance with carrier policies.
THIRD-PARTY EMAIL & SMS PROVIDERS
When you connect third-party email or SMS delivery services (such as Amazon SES, SendGrid, Twilio, Mailgun, or similar providers) to Jellyreach, you acknowledge and agree that:
  • You are directly responsible for all charges, fees, and costs incurred with those third-party providers based on your usage, including overage charges, per-message fees, and any penalties assessed by the provider.
  • We are not responsible for any charges, billing disputes, service interruptions, rate limits, or account suspensions imposed by third-party providers.
  • You must maintain your own direct relationship, account, and payment method with each third-party provider.
  • You are responsible for monitoring your usage and costs with third-party providers and staying within any limits or quotas they impose.
  • You must keep your third-party service credentials (API keys, access tokens, passwords) secure and confidential.
  • When connecting third-party services to Jellyreach, you must grant only the minimum permissions required for sending messages and managing webhooks (such as send permissions and webhook registration). You should not grant Jellyreach access to billing, payment methods, account administration, or other sensitive areas of your third-party accounts.
  • You are solely responsible for reviewing and complying with each third-party provider's terms of service, acceptable use policies, and privacy policies.
  • We may suspend or terminate your use of the Services if your third-party provider accounts are suspended, terminated, or otherwise unavailable due to violations of their policies or non-payment.
Jellyreach facilitates sending through your connected providers but does not control their pricing, policies, deliverability infrastructure, or service availability. Any disputes regarding third-party provider charges or service quality must be resolved directly with the provider.
AGENCIES & MULTI-CLIENT USE
If you manage Services on behalf of third-party clients: (a) you must provision separate workspaces per client where technically feasible; (b) you must not share credentials across clients; and (c) you must ensure each client complies with these Terms, the Acceptable Use & Anti-Spam Policy, and all applicable consent laws. You are responsible for your clients' use of the Services and any violations they commit.
YOUR CONTENT & DATA
Through the Services, you may upload, create, and transmit content including but not limited to contact lists, email campaigns, SMS messages, images, templates, and other marketing materials (collectively, "Your Content"). You retain all ownership rights to Your Content. By using the Services, you grant us a limited, non-exclusive, royalty-free license to access, store, process, and transmit Your Content for the following purposes:
  • Providing the Services to you, including sending email and SMS campaigns on your behalf.
  • Maintaining, improving, and developing the Services and new features.
  • Training, testing, and improving our artificial intelligence and machine learning models, algorithms, and recommendation systems.
  • Generating aggregated, anonymized analytics and insights to improve service performance, deliverability, and user experience.
  • Complying with legal obligations and enforcing these Terms of Use.
Data Processing Instructions & Roles: As Controller of your contact data, you instruct us (as Processor) to process personal data to provide and improve the Services, including deliverability optimization, analytics, and security. Our Data Processing Addendum (DPA), available upon request at [email protected], forms part of these Terms and governs our data processing relationship; in case of conflict between these Terms and the DPA, the DPA prevails.
Use of Data for AI and Machine Learning: We use data from your campaigns, engagement metrics (such as open rates, click rates, and conversion data), and usage patterns to train and improve artificial intelligence and machine learning models. These models power features such as recommendation systems, lead scoring, predictive analytics, content optimization, send-time optimization, and other intelligent features designed to improve your marketing effectiveness. When used for model training or product improvement, we use aggregated and/or pseudonymized or anonymized data and will not disclose your identifiable contact lists or message bodies to other customers. Personal identifying information in your contact lists (such as names, email addresses, and phone numbers) is anonymized or aggregated before being used for model training. If you require it, you may opt out of model-training use of your content by contacting [email protected]; core operational processing will continue. You acknowledge and agree to this use of your data as part of using the Services.
You represent and warrant that:
  • You own or have obtained all necessary rights, licenses, consents, and permissions to use and transmit Your Content through the Services.
  • Your Content and its transmission through the Services does not and will not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
  • Your Content complies with all applicable laws, regulations, and these Terms of Use, including the Prohibited Activities and Acceptable Use & Anti-Spam Policy sections.
  • You have obtained all necessary consents from recipients of your email and SMS campaigns as required by applicable law.
You are solely responsible for Your Content and the consequences of uploading, transmitting, or sending it through the Services. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of Your Content. You expressly agree to hold us harmless from any and all liability arising from Your Content and its transmission through the Services.
LICENSE TO USE FEEDBACK
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
PRIVACY POLICY & DATA PROTECTION
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms of Use. Please be advised the Services is hosted in Ireland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Ireland, then through your continued use of the Services, you are transferring your data to Ireland, and you agree to have your data transferred to and processed in Ireland. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
DATA PROCESSING ROLES (GDPR)
For contact data you upload and messages you send through our Services, you act as the Data Controller and we act as the Data Processor under the EU General Data Protection Regulation (GDPR) and similar data protection laws. You are responsible for providing all necessary notices to and obtaining all required consents from your contacts. We will process personal data only on your documented instructions, implement appropriate technical and organizational security measures, and assist with data subject requests and breach notifications as required by applicable law. Our Data Processing Addendum (DPA), available upon request at [email protected], forms part of these Terms and governs our data processing relationship.
SECURITY & INCIDENT NOTICE
We maintain appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. If we become aware of a personal data breach that is likely to result in a risk to the rights and freedoms of individuals, we will notify you without undue delay and provide information reasonably required for you to meet your legal obligations, including notification to supervisory authorities and affected individuals where required by applicable law.
SUB-PROCESSORS & INTERNATIONAL TRANSFERS
You authorize our use of sub-processors to support the Services. We will maintain a current list of sub-processors and require each sub-processor to provide appropriate data protection safeguards. Where personal data is transferred internationally (including from the European Economic Area, United Kingdom, or Switzerland to other countries), we will implement a valid transfer mechanism such as Standard Contractual Clauses and additional safeguards as required by applicable law.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
EXPORT CONTROLS & SANCTIONS COMPLIANCE
You represent and warrant that you are not located in, organized in, or a resident of any country or region subject to comprehensive sanctions or embargoes by the European Union, United Kingdom, United States, or United Nations, and that you are not a party listed on any government sanctions list (including but not limited to EU/UK consolidated sanctions lists or US OFAC lists). You will not use the Services in violation of any applicable export control, anti-boycott, or sanctions laws and regulations. We reserve the right to suspend or terminate access to ensure compliance with such laws.
GOVERNING LAW
These Terms shall be governed by and defined following the laws of Bosnia and Herzegovina. Jellymetrics d.o.o. Tuzla and yourself irrevocably consent that the Municipal Court in Tuzla, Bosnia and Herzegovina shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the legal relationship established by this Agreement to the jurisdiction of the Municipal Court in Tuzla, Bosnia and Herzegovina. Jellymetrics d.o.o. Tuzla shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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 Services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE 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 US OR VIA THE SITE. You hereby waive 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 means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
SURVIVAL & ORDER OF PRECEDENCE
Survival: The following sections survive termination or expiration of these Terms: Intellectual Property Rights, Payments, Cancellation, Your Content & Data, License to Use Feedback, Privacy Policy & Data Protection, Data Processing Roles (GDPR), Security & Incident Notice, Sub-processors & International Transfers, Disclaimer, Limitations of Liability, Indemnification, User Data, Export Controls & Sanctions Compliance, Governing Law, and Dispute Resolution.
Order of Precedence: In the event of conflict between documents, the following order applies: (1) Data Processing Addendum (DPA); (2) Acceptable Use & Anti-Spam Policy; (3) these Terms of Use; (4) other incorporated documents or policies.
NOTICES
We may provide notices to you via the email address associated with your account or through the Services interface. You consent to receive notices electronically and agree that such electronic notices satisfy any legal requirement that communications be in writing. Legal notices to us must be sent to [email protected] and to Jellymetrics d.o.o. Tuzla, RME Azabagića 33, 75000 Tuzla, Bosnia & Herzegovina.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Jellymetrics d.o.o. Tuzla
RME Azabagića 33
75000 Tuzla
Bosnia & Herzegovina
Email: [email protected]