Terms of Service

Joggo Terms of Service

Updated 12th February, 2021

Welcome to Joggo!

Please read the following terms of service (referred to here as the "Agreement" or "Terms ") before you use any of the products or services we provide through our downloadable mobile application, browser extension, software, or website available at www.joggo.co (all of which are referred to collectively herein as the "Services"). The Services include any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

The Terms of Service constitute a binding legal agreement, which governs your use of the Services via any platform or device. By visiting our website, or using any of the Services, you are accepting these Terms ofService. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services. If you do not agree to these terms, please do not use theServices, including accessing our website or using any of our products or services.

The Services are provided by Joggo Inc. (“Joggo”, “we,” “our,” or “us”), located at 466 Geary Street, Suite 501, San Francisco, California94102, USA. You may wish to print or save a local copy of the Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS AS SET FORTH IN SECTION 7 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 12 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

1. The Joggo Service

To be eligible to use our Services, you must meet the following criteria and represent and warrant that you: (i) are 18 years of age or older; (ii) are not currently restricted from accessing our Services, or not otherwise prohibited from having an account, (iii) are not our competitor, or are not using our Services for reasons that are in competition with us; (iv) will only maintain one registered account at any given time; (v) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (vi) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Services.

The Services are provided solely for your personal, noncommercial use. The videos, articles, podcasts and other content that you choose to save to your personal library maybe protected by copyright and other applicable laws. You should refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content.

We respect the intellectual property of others, and we expect our users to do the same. TheServices allow you to save links to content, which you have found online, to a personal library, which are then discoverable by other users of the Services.Users may, at their discretion, write a summary (referred to as “Jog” or “Jogs”) of the underlying content for their personal use as well as personal notes they wish to associate with the content. These Jogs are publicly available to all users of the Services and users may select to make any or all notes publicly available. The Services also includes other features, such as full-text searching of saved content and suggested tags for an item. As a condition to your use of the Services, you agree not to use the Services to infringe any intellectual property rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to, any users who infringe any copyrights or other intellectual property rights.

Our Services display some Content that is not our own (known as “Third Party Content”).  We are not responsible for, and you waive all of our liability with respect to,Third Party Content.  Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to displayThird Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.  

You must follow any policies made available to you within theServices, including our Privacy Policy, which is available at www.joggo.co/privacy.

2. Content and Your Rights

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, review, verify, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the Terms, including for example, copyright or trademark violations or other intellectual property misappropriation.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by emailing copyright@joggo.co and as further set forth in Section 13.

You retain your rights to any Content you submit, post or display on or through the Services. You own your Content. By submitting, posting or displaying Content on or through the Services, you grant us a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such uses by Joggo, or other companies, organizations or individuals, are made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

You represent and warrant that you have, have obtained, or do not require, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that any Content you submit, post or display on or through the Services does not infringe any copyrights or other intellectual property rights of any third parties. You agree to indemnify, defend, and hold harmless Joggo and its affiliates from and against all claims, losses, expenses, damages, and costs resulting from or arising out of your breach of this warranty.  

You agree that Joggo and any of its third-party providers and partners may place advertising on theServices or in connection with the display of Content or information from theServices whether submitted by you or others.

You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.You may not do any of the following while accessing or using the Services: (i)access, tamper with, or use non-public areas of the Services, Joggo’s computer systems, or the technical delivery systems of Joggo’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise)other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions); (iv)use, copy, adapt, modify, prepare derivative works based upon our Services, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit our Services, except as expressly permitted in this Agreement; (v) engage in any action or promote anyContent that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive; (vi) reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services; or (vii)engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

3. License Grant To You

Subject to the Terms of this Agreement, we grant you a personal, limited, worldwide, non-transferable, non-sublicensable, non-assignable, and non-exclusive license to use and access the software provided to you as part of the Services, strictly in accordance with this Agreement. No other right or license of any kind is granted to you hereunder with respect to the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of the Services and Content.

4. Your Joggo Account

You may need to create an account to use some of our Services. When you create an account, you may need to provide personally identifiable information as set forth in our Privacy Policy. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above or the actions of any third party.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages.These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

5. Ending Your Relationship With Us

You may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Services. To do so, you may email us at deactivate@joggo.co.

We reserve the right to suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or our Privacy Policy; (ii) you create risk or possible legal exposure for us; or (iii) your account should be removed due to prolonged inactivity. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, theTerms shall terminate, including, without limitation, your license to use theServices, except your obligations under this Agreement that shall survive deactivation of your account.

6. Privacy and Feedback

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of theServices.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.  

If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.

7. Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUTIN THESE TERMS, NEITHER JOGGO NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS,SPONSORS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES,THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.  WE ALSO DONOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS.  WE PROVIDE THE SERVICES “AS-IS” AND ON AN “AS AVAILABLE” BASIS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOUAND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE,DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS,SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY,“LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIMEOF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER,YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

8. Liability For Our Services

TO THE EXTENT NOT PROHIBITED BY LAW, JOGGO (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR LOST PROFITS, REVENUES, OR DATA,FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES.

TO THE EXTENT NOT PROHIBITED BYLAW, THE TOTAL LIABILITY OF EVERY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND DISTRIBUTORS,FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, JOGGO (AND OUR OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS,SPONSORS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT ISNOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

9. Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you represent and warrant that you are authorized to and are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.  

10. Indemnification

You hereby agree to indemnify, defend, and hold harmless Joggo, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

11. About These Terms

We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at theTerms regularly and the “Last Updated” date at the beginning of these Terms.We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through theServices, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should immediately discontinue your use of that Service.

If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.

These Terms control the relationship between Joggo and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the State of Delaware will apply to any disputes arising out of or relating to these terms or the Services.

You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent.  We may assign these terms or assign or delegate any of our rights or obligations at any time.

12. Binding Arbitration

Without limiting your waiver and release in Section 7, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and Every will be resolved through individual arbitration.In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 12 (the "Arbitration Provision")shall be broadly interpreted. Notwithstanding anything to the contrary in theseTerms, this Section 12 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of theseTerms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.  As used in this Arbitration Provision,"Joggo" means Joggo Inc. and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of the irrespective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerlyJudicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Joggo by mail to 466 GearyStreet, Suite 501, San Francisco, California 94102, USA.

d. Right to Sue in Small Claims Court.Notwithstanding anything in this Arbitration Provision to the contrary, either you or Joggo may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. ThisArbitration Provision shall be governed by the Federal Arbitration Act.Arbitrations shall be administered by JAMS pursuant to its StreamlinedArbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Joggo about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of theseTerms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization.If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Joggo agree otherwise, any arbitration hearing will take place in San FranciscoCounty in the State of California.   The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ONA CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC(SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be Joggo’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Joggo for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in thisArbitration Provision to the contrary, Joggo will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and theDispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND JOGGO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this ArbitrationProvision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. ThisArbitration Provision will survive the termination or expiration of theseTerms.