Terms of Service
Last updated on: May 9, 2019
By signing up for, or using the Jetson services or any of the services of Jetson AI Inc. or its affiliates (“Jetson”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Jetson under the Terms of Service include various products and services to help you sell goods and services to buyers online (“Online Services”). Any such services offered by Jetson are referred to in these Terms of Services as the “Services.” Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. Jetson reserves the right to update and change the Terms of Service by posting updates and changes to the Jetson website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Jetson or any Jetson services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Jetson account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Jetson may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Jetson will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Jetson cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as written content, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Jetson will result in an immediate termination of your services.
You are responsible for your Account and any Materials you upload to the Jetson Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Jetson Account
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 Stripe Accounts
Upon completion of sign up for the Service, Jetson will require creation of a Stripe account on your behalf, using your email address.
You acknowledge that Stripe will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain this account. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, Stripe is a Third Party Service, as defined in Section 15 of these Terms of Service.
The person signing up for the Jetson Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We require you to create an account for you to accept payments. You are responsible for activating and deactivating these accounts.
3. General Conditions
Technical support is only provided to paying Account holders and is only available via email.
You acknowledge and agree that Jetson may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Jetson’s website, available at https://www.jetson.ai/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Jetson’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Jetson service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Jetson.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Jetson or Jetson trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent firstname.lastname@example.org.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Jetson shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Jetson’s prior written consent, to be given or withheld in Jetson’s sole discretion.
The Jetson service belongs to us. You are not allowed to rip it off or use it for any illegal or questionable purpose.
4. Jetson Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Jetson customer, Jetson employee, member, or officer will result in immediate Account termination.
Jetson does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Jetson employees and contractors may also be Jetson customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Jetson retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Jetson reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Jetson account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that Jetson shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Jetson or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Jetson partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Jetson does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Jetson does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Jetson does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Jetson to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Jetson and govern your use of the Service, superseding any prior agreements between you and Jetson (including, but not limited to, any prior versions of the Terms of Service).
If Jetson chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Jetson don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Jetson service. All Materials you upload remains yours. You can remove your Jetson store at any time by deleting your Account.
You retain ownership over all Materials that you upload to a Jetson store. You are responsible for compliance of the Materials with any applicable laws or regulations.
We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Jetson shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
8. Payment of Fees
You will pay the Fees applicable to your subscription to Online Service and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your store when using all payment providers. Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Jetson will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Jetson will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Jetson’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Jetson administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If the outstanding Fees remain unpaid for 60 days following the date of suspension, Jetson reserves the right to terminate your Account.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Jetson’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Jetson of your exemption. If you are not charged Taxes by Jetson, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
You must maintain your current location in the administration menu of your Jetson store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
Jetson does not provide refunds.
A valid credit card is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your credit card. If payment of Fees is unsuccessful after three attempts, Jetson may freeze your store. You may be required to remit Taxes to Jetson or to self-remit to your local taxing authority. No refunds.
9. Cancellation and Termination
You may cancel your Account at any time by emailing support@Jetson.ai then following the specific instructions indicated to you in Jetson’s response.
Upon termination of the Services by either party for any reason:
Jetson will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Jetson for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your store website will be taken offline.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Jetson Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Jetson may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. Jetson will respond with specific information regarding the cancellation process for your account. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from Jetson. Such notice may be provided at any time by posting the changes to the Jetson Site (Jetson.ai) or the administration menu of your Jetson store via an announcement.
Jetson reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Jetson shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
11. Feedback and Reviews
Jetson welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Jetson be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Jetson, you waive any and all rights in the Feedback and that Jetson is free to implement and use the Feedback if desired, as provided by you or as modified by Jetson, without obtaining permission or license from you or from any third party.
12. Privacy & Data Protection
Jetson AI, Inc.
251 West 30th Street
New York, NY 10001