Terms of Service

TERMS OF SERVICE – JESTOR

Last modified on 02.21.2024.

You can find previous Terms of Service here

Thank you for using Jestor! These Terms of Service (“Terms”) govern your access and use of our Services.

Jestor Holdings, Inc. is a Delaware corporation which will be referenced in these Terms as “We”, “Us”, “Our”, or simply “Jestor”.

“Services” means the variety of services Jestor provides, which include but are not limited to: (i) our website (https://jestor.com), its subdomains or other domains managed and operated by Jestor; (ii) our cloud-based platform; (iii) our software solutions, such as downloadable applications, application programming interfaces, and applications and integrations hosted in other platforms; and (iv) any of Jestor’s auxiliary services, online or offline, such as documentation, templates, consulting or development services, or customer support.

“You” or “Your” means the person accepting these Terms or, if applicable, the entity represented by them. If you are accepting these Terms in behalf of an entity, such as an employer or other organization, you hereby warrant that: (i) you have full legal authority to bind this entity to these Terms; (ii) you have read and fully understood the Terms; and (iii) your acceptance of the Terms will legally bind the entity to these Terms. Also, you agree that we may disclose information regarding you or the use of our Services with this entity.

You accept these Terms by creating an account in our platform, executing an Order Form or any other document that references these Terms, by using or making payments for the Services, or any other manner that may indicate your acceptance of these Terms.

Throughout these Terms, Jestor and you may also be referred to as “Party” when referred to individually, or “Parties” when referred to collectively.

Other Definitions

“Account information” means any information you and your Users provide to us in order to create an account, access our platform, or use our Services. This information may consist of email addresses, names, passwords, and other related information.

“Confidential Information” means information that either party discloses to the other party and that is identified as confidential, whether through visual identification, or verbal or written notice, as well as any other information that would be considered confidential information by a reasonable party under the circumstances of disclosure. Confidential Information does not include information that can be independently discovered or retrieved by the receiving party, that has become public under no influence of the receiving party, or given by the disclosing party with no expectation of confidentiality.

“Credentials” means information necessary for the use of the Services and used to identify individual users in the context of the platform, including but not limited to login credentials such as email address and password, or even access to other software accounts in the case of SSO access.

“Customer Data” means information uploaded or submitted by you or any user you have invited into your account to be stored in the platform. Customer Information does not include Account Information or Usage Information.

“Order Form” means ordering documentation or subscription pages that may be used to form an agreement between you and Jestor for the use of the Services, defining pricing, payment method and other relevant commercial information.

“Subscription” means licenses to the Services in accordance with your Subscription Plan.

“Subscription Fees” means all fees associated with your Subscription.

“Subscription Plan” means a package of features, services, actions, and other relevant associated functionalities that can be purchased as defined by the pricing page.

“Subscription Term” means the period you have agreed to subscribe to a Service.

“Usage Data” means information associated with the use of the Service, such as actions performed in the platform, that can be analyzed and used, individually or in aggregate form, to infer the performance of the Services, diagnose problems, test new features or design choices, or measure usage of the Services for technical or billing purposes.

“User” means any individual authorized to access your account (or, in a broader scope, Jestor’s Services in general).

General Terms and Conditions

1. Our Services

1.1 Account Registration

In order to have access and use all the features and products encompassed in the Services, you are required to create an account by registering with Jestor. The Account Information you provide when registering your account must be true and accurate, and must be updated to ensure it is current.

1.2 Eligibility

You may access or use the Services only if: (i) you have the capacity to form a legally binding contract with Jestor (and on behalf of the entity you represent, if applicable); (ii) you are at least 18 years old. By creating an account or accessing and using the Services in any capacity, you represent and warrant that you meet the requirements for the Services, as well as indicate that you have read, understood and agreed to the conditions of these terms, and that you have read, understood and acknowledged our Privacy Policy, which is available at https://jestor.com/privacy-policy/.

1.3 Changes to Terms, Privacy Policy or Services

We may occasionally modify the Terms, Privacy Policy or products and features encompassed in the Services. If we do so, we will let you know by updating the Terms available in our website (in the case that a change of Terms is necessary), and may use additional communication methods such as email, internal notices in the platform, or changes to the Plans and Pricing sections of our website. If you continue to use the Services after the Terms have been modified, you indicate that you have read, understood and agreed to be bound to the new Terms, as well as that you understood and acknowledged the changes to the Privacy Policy or Services.

We may also change our Services, including but not limited to, altering or removing existing plans, features, user interface elements, and usage limits (existing and new). By agreeing to the Terms, you understand the current existence of specific elements of the Services don’t guarantee the support and continuing existence of said elements, either in general or to the plan you are currently subscribed to.

2. Use of the Services

2.1 Use License

Upon registration and creation of a User Account, and subject to all of the terms and conditions of these Terms, Jestor grants to you a personal, limited, non-transferable, non-sublicensable license to use the Services as provided for in these Terms.

2.2 Restrictions

You will not do (and will not allow any other third party to do) any of the following:

Use the Services in any way that would violate or promote violation of any applicable law, regulation, or contractual obligation;
Use the Services in any way that may harm or elicit harm of other individuals, entities or groups;
Upload, transmit, or distribute viruses, worms, or any other kind of malicious software to or through the use of the platform;
Reverse engineer, decode, disassemble, or in any manner attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services;
Access or attempt to access any part of the Services not available for public use or your subscription plan;
Perform actions that may impact the integrity and stability of the Services for other users, including but not limited to overloading the servers with requests or attempting to disable or interfere with the delivery of the Services;
Attempt to access other accounts except those created by you or that you have been given explicit permission to access;
License, sub-license, copy, sell, transfer, distribute, share, rent, or lease the license or use of the Services;
Use or access the Services in order to create (or assist third parties to create) derivative works or develop competing products or services, as well as for the purposes of benchmarking or analysis in benefit of competing products or services;
Attempt to access, record, scrape, copy, or otherwise use any sort of automated method of data gathering or mining to collect data hosted in or regarding the Services.

2.3 Your Responsibilities

You are responsible for all actions performed in your account by you, users you add to your account, or any other third party that you permit to access your account. You are liable and responsible for any use of the Services performed or enabled by you, including without limitation uses that may infringe applicable laws, regulations, contracts or other applicable terms. You acknowledge that you’re solely responsible for controlling access to your account by the correct configuration of permissioning and sharing settings, as well as appropriate user management.

You will not share your credentials or permit users to do so. You must create a separate, unique access for each individual user. You acknowledge that users with Admin permissions will have unlimited access to view, create, edit and delete data stored in your account, including but not limited to data you upload to tables, your account’s structure, users and permissioning roles, and billing and account information. Jestor will not be responsible for damages or losses caused by the unauthorized access or misuse of the Services, such as data exclusion, disabled automations, or inability to access your account.

You understand and acknowledge that any use of the Services that do not comply with these Terms may cause the termination of your use license.

3. Intellectual Property

3.1 Ownership by Jestor

Jestor retains ownership, licenses and rights to all Services content, designs, methodologies, know-how, concepts, documents, trademarks and other matters related to the Services (collectively and individually called “Intellectual Property”). No ownership of any Intellectual Property is transferred to you or any third party by these Terms, and nothing in these Terms shal be construed as granting the license or right to use, copy, adapt, edit, or otherwise perform any derivative work on Jestor’s Intellectual Property without prior written consent.

Some content, such as logos or product names, displayed or used in the Services may be trademarks or service marks of third parties, and nothing in these Terms grants you the license or right to use them without their respective owners consent.

You may submit, voluntarily or invited by us, suggestions, ideas, complaints or any other sort of commentary on Jestor’s Services (“Feedback”). By doing so, you acknowledge and agree to transfer the ownership of such Feedback to Jestor, and that Jestor is free to use it, disclaim or incorporate it in any form to its Services or any offerings without compensation to you.

You also agree that Jestor may collect and analyze Usage Data regarding your account, as well as use and process this data to measure performance, diagnose technical or design problems, test features, and any other purpose related to improving the Services and overall user experience. Usage data may also be used in other business activities, as well as disclose this data in an aggregated or de-identified manner.

By agreeing to these Terms, you also agree to grant Jestor the right to identify you as a customer, and to use your logo, trademarks or any other identifying information in our website or other parts of our Services.

3.2 Ownership by You

You retain the ownership of all Customer Data you upload to the platform in the usage of our Services. No ownership of any Customer Data is transferred to Jestor by the agreement of these Terms.

4. Subscription Fees, Payment and Other Associated Information

4.1 Plans

Jestor offers different plans that enable you to have access to different features and parts of the Services. A Subscription Plan may be free or may have fees associated with it. Those fees may be presented in the following forms:

Base fee means the monthly recurring fee for a Subscription Plan, or the combined annual fee when purchasing a yearly subscription. Those will be due as long as your subscription is active.
Exceeded usage means fees accumulated by usage that exceed the limit of Actions of the current Subscription Plan.
Service fees means individual fees associated with the acquisition of additional services, including but not limited to custom development, consulting services, or acquisition of in-platform credit for the exchange of such services.
Additional fees means fees associated with additional perks or benefits, including but not limited to premium templates or add-on features.

Jestor may change the fees associated with the Subscription Plans at their sole discretion, and the new fees will be effective in the billing cycle following communication regarding such changes. Those changes can be communicated by email, notifications in the platform, updates on the pricing page of the website, or any means chosen at our sole discretion.

For additional information on usage and rate limits, please refer to our documentation on https://docs.jestor.com/docs/rate-limits.

4.2 Payment

Unless otherwise expressed in an Order Form, payments for the fees incurred shall be charged automatically via the credit card you associate with your account at the moment of your purchase, or other credit card indicated by you in a posterior moment. You hereby agree to provide us with valid, accepted credit card information, and declare that you have permission to incur charges in any credit card you provide to us.

In the case of failed payments, we may: (i) continue to provide the Services while attempting to charge your credit card for the outstanding balance (or contact you for settlement with a different payment method or the payment method indicated in your Order Form, if applicable), in a period of time and frequency chosen at our sole discretion; or (ii) cancel your access and subscription, and terminate this Terms and any applicable Order Forms. A decision to execute the former does not constitute a forfeiture of our right to do the latter (in full or partially), and the cancellation of your subscription does not release you of the responsibility of payment for any amounts you may still have outstanding.

Any payment not remitted or successfully charged when due will be subject to interest to 1.5% per month or the highest applicable legal rate, whichever is lower. You will also be responsible for the reimbursement of any costs incurred by Jestor for the collection of unpaid fees.

4.3 Upgrades and other alterations

You may request, either to Jestor’s team or through the platform, upgrades to higher plans to have access to additional features or a higher usage cap than entitled to in your current Subscription Plan. Depending on the payment method, you may either be (i) immediately charged the prorated amount (between the day of the upgrade and the date of the next billing cycle) for the upgraded features, or (ii) receive this prorated amount in subsequent invoices or charges additionally to the base plan. Subsequent invoices or charges will then reflect the amount of the new plan and usage limits. Plan downgrades will not be possible until renewals.

4.4 Termination and Cancellation

(a) Termination by us.

We may terminate your account, subscription, these Terms and/or any Order Form, either as a consequence of violation of these Terms by you or without cause, at our sole discretion.

The termination of any of the aforementioned items does not implicate in the termination of the others, but we may choose to do so.

It is possible that you may have acquired a Jestor account and premium plan through a special deal, either through us or one of our partners. In such a case, we may terminate the account and refund you for the amount paid. You will not be entitled to refunds in case the termination of your account is motivated by your violation of these Terms.

(b) Cancellation by you.

You may choose to cancel your Subscription Plan without cause. To request cancellation, you can use the in-platform subscription manager or provide written notice of cancellation at least fourteen (14) days before the end of your Subscription Term to [email protected].

Requesting cancellation does not end your subscription until the end of your Subscription Term, nor releases you of the responsibility of payment of any accrued fees until such date.

(c) Post-termination fees, responsibilities and customer data.

Neither termination by us or cancellation by you release you from the responsibility of payment of any accrued fees. You will pay any remaining fees within seven (7) days of the termination or cancellation, either by an automatic charge in the credit card associated with your account or, failing that, through an alternative payment method approved by Jestor.

In case your account is not terminated, you will still be responsible and liable for the content and usage as dictated in these Terms.

In case your account is terminated, you will have sixty (60) days from the date of notification to retrieve your Customer Data. We do not guarantee access or the integrity of your data past such date.

4.5 Renewals

Unless previously cancelled by you or this agreement is terminated by Jestor, your subscription will be renewed automatically for a period equal in length to your current Subscription Term, and in the same Subscription Plan (or equivalent, if not available).

You hereby acknowledge and agree that you will still have a responsibility for fees incurred during renewal should you fail to cancel your subscription in accordance with these Terms by the appropriate date.

5. Third Party Services

Our Services may provide integrations, links, information or other relevant content to or about other parties applications, software, websites, services or content (“Third Party Services”).

You hereby acknowledge that Jestor has no control or responsibility over the content, availability or overall quality of these Third Party Services, nor is Jestor affiliated or endorse them. The existence of any reference to those Third Party Services do not grant them any right or expertise to advise you on our Services, or to claim any affiliation or relationship with us.

Your relationship to such providers will be governed by their own terms and conditions, and in no circumstance will Jestor be binded or otherwise expected to comply with any agreement established between them and you. It is your responsibility to verify and assert the appropriateness of the Third Party Services to your usage, legal requirements, contractual obligations, or other relevant topics.

You also understand and agree that we have no obligation to maintain any reference, feature, or integration that relates to Third Party Services, and changes effected by these providers do not implicate any obligation on our part.

6. Mobile and Desktop Applications

Jestor provides dedicated applications by making them available in third party application stores. The intended purpose of those applications is to provide access to your account, but you acknowledge that not all features accessible to your Subscription Plan may be available in such applications and that all the conditions present in these Terms regarding our Services apply to them.

You hereby understand and agree that we make these applications available for your convenience, and that we are not responsible for any type of cost or necessity you may need to run the applications, such as but not limited to data plans, hardware that fits the minimum specifications, or operational system compatible with the available applications.

As the applications are made available in third party stores, you acknowledge that you may need to agree to the store’s own terms and conditions in order to download the applications. However, such terms will not in any way affect, modify, add to, or supersede these Terms, which represent the agreement between you and Jestor, and that in no circumstance will Jestor be binded or otherwise expected to comply with any agreement established between them and you. Jestor retains ownership of all of its rights and licenses, and grants no transfer of rights to such third parties.

7. Indemnification

You hereby agree to defend, indemnify, and hold Jestor, its subsidiaries, agents, affiliates, directors, officers, contractors, partners, and employees, from and against any and all loss, damages, liabilities, claims, or demands, including attorneys’ fees and expenses, arising out of: (i) your use of our Services; (ii) your breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to intellectual property rights; (iv) any overt harmful act toward any third-party; (v) any content in your Customer Data; or (vi) any issue or event caused by the overall usage of the Services by you, your users, or any third-party that accesses your account.

8. Warranty Disclaimer

JESTOR’S SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR OWN RISK, AND JESTOR MAKES NO REPRESENTATIONS OR WARRANTY THAT OUR SERVICES, OR ANY CONTENT OR WEBSITE LINKED TO OUR SERVICES, ARE ACCURATE, COMPLETE, RELIABLE, SUFFICIENT OR ADEQUATE FOR YOUR PURPOSES OR INTENDED USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO STATEMENT, ADVICE, OR INFORMATION YOU OBTAIN, FROM YOUR USE OF THE SERVICES OR PROVIDED BY US, WILL INCUR OR CREATE ANY WARRANTY NOT EXPRESSLY DEFINED IN THESE TERMS. JESTOR WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV); ANY INTERRUPTION OF OUR SERVICES, OR UNAVAILABILITY OF THE SERVICES IN A GIVEN DEVICE, TIME, OR LOCATION ; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

9. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR SUBSIDIARIES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, CONTRACTORS, PARTNERS, AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, TANGIBLE OR INTANGIBLE, ARISING FROM YOUR USE OF OUR SERVICES, 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 NO MORE THAN THE AGGREGATE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO JESTOR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

CERTAIN STATE 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, AND THE LIMITATIONS OF LIABILITY IN THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY THE APPLICABLE LAW.

9. Confidentiality

Each party (“Disclosing Party”) may disclose or make available Confidential Information to the other party (“Receiving Party”) in connection to the Services. As such, each Receiving Party agrees to take reasonable precautions to protect the Disclosing Party’s Confidential Information to the extent of their capabilities, with at least the same degree of care it would employ in the protection of its own Confidential Information, and will not use or disclose any Confidential Information to any third party in any purpose outside the scope of these Terms.

Despite the above limitations, the Receiving Party may disclose the Disclosing Party’s Confidential Information to its subsidiaries, agents, affiliates, directors, officers, contractors, partners, and employees, and otherwise any professional advisor, service provider, or entity who may need access to the Confidential Information and are bound to confidentiality obligations at least as restrictive as these Terms, or by equivalent ethical duties.

The Receiving Party may also disclose Confidential Information if required by law or applicable legal process, in which case it will provide the Disclosing Party with prior notice, in order to give them the opportunity to: (i) contest the access or disclosure of their Confidential Information; and (ii) seek measures or otherwise attempt to minimize the disclosure of such Confidential Information, in which case the Disclosing Party will reimburse the Receiving Party of any costs incurred arising from but not limited to the costs of compiling and providing access to information, or any administrative costs incurred in support of the Disclosing Party’s efforts.

10. Governing Law and Dispute Resolution

10.1 Governing Law.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State/Commonwealth of Delaware, without regard to its conflict of law principles.

10.2 Dispute Resolution.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Wilmington, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

11. Export and Import Controls

You hereby acknowledge that the Services may be subject to U.S. export control laws and regulations. You agree that you, and any user or third-party with access to your account or otherwise associated to you in connection to these Services: (i) will comply with all relevant import and export regulations; (ii) are not a Prohibited Entity as defined by the Office of Foreign Asset Controls (OFAC) or any other applicable law or governmental entity; and (iii) will not, directly or indirectly, transfer, give access to, or export the Services to any such Prohibited Entity.

12. Privacy

Jestor cares about data privacy, data reliability and your freedom to share your sensitive data only when you see fit. By agreeing to these Terms, you understand and acknowledge that we may collect, use, and disclose Usage Data or the Account Information you provide to us in connection to the Services.

More information about our privacy practices can be found in the Privacy Policy available at: https://jestor.com/privacy-policy/.

13. Security

Jestor has implemented and maintains commercially appropriate practices and measures designed to protect Customer Data from accidental loss, corruption, or unauthorized access. Such measures include technical safeguards, internal processes and policies, and external audits.

You acknowledge and understand that these measures may not be sufficient to impede third-parties to gain access to your Customer Data, and that no method for storing information or transmitting data is completely secure. As such, you agree to use the Services at your own risk, and shall apply reasonable effort to minimize security risks with the appropriate usage of permissions, credentials, and other applicable features and practices.

14. General

14.1 Complete Agreement.
You hereby acknowledge and agree that these Terms constitute the entire agreement and understanding between you and us, and include any other policies or operating rules posted by us on our platform and website, or agreements expressed in a valid Order Form signed by you and Jestor.

14.2 Notification Procedures.
We may provide notifications to you via email notice, through our website or platform, or any other form or written format determined at our sole discretion. All notices to Jestor must be provided via email notice to [email protected].

14.3 Assignment.
You may not transfer or assign these Terms, and any right or license granted by it, without our prior express written consent, and any such attempt by you to do so is void. Jestor reserves the right to do so without restriction.

14.4 Invalidity and Severability.
If any provision of these Terms is found invalid or unenforceable by a court or regulatory entity of competent jurisdiction, the invalidity of such provision will not affect the validity of other provisions in these Terms, and any remaining provision will remain in full force and effect.

14.5 Waiver.
The waiver of any provision in these Terms will not constitute a continuing waiver of such provision, nor other current or future provisions. Any failure or delay to assert any right granted under these Terms will not be construed as a waiver or dismissal from a party to exercise such right.

14.6 Relationship of the Parties.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms or the use of our Services.

14.7 Contact Us.
If you have any questions or wish for more information, contact [email protected].