1.1 Acceptance

By creating an account, accessing, or using JellyMachine ("Service," "Platform," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Service.

1.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Service. By creating an account, you affirmatively represent and warrant that you are at least 18 years of age. The Service is not directed to and not intended for use by children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete it as soon as practicable.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2.1 Platform Overview

JellyMachine is a software-as-a-service (SaaS) website builder platform that provides:

• Drag-and-drop website creation and editing tools
• Website hosting and publishing services
• Domain registration and management
• E-commerce and inventory management capabilities
• Email services and integrations
• Analytics and tracking tools
• Kanban-style project management boards
• Quote and invoice management
• Social media integration and scheduling
• AI-powered content generation features
• Team collaboration and sub-user management

2.2 Service Availability

We strive to maintain high availability of our Service but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect service availability.

3.1 Account Creation

To use certain features of the Service, you must create an account by providing accurate, current, and complete information including:

• Valid email address
• Username
• Secure password meeting our requirements (8-128 characters, including uppercase, lowercase, number, and special character)

3.2 Email Verification

You must verify your email address before gaining full access to the Service. Unverified accounts may have limited functionality.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Using two-factor authentication (2FA) when available for enhanced security

3.4 Sub-Users and Team Members

If you add sub-users or team members to your account:

• You are responsible for their compliance with these Terms
• You must ensure they have appropriate permissions for their role
• You remain liable for all actions taken by sub-users under your account

4.1 Subscription Tiers

We offer various subscription tiers with different features, limits, and pricing. Free tiers may have limitations on pages, storage, features, and power-ups.

4.2 Payment Processing

• All payments are processed securely through Stripe, our third-party payment processor
• By providing payment information, you authorize us to charge the applicable fees
• Subscription fees are billed in advance on a monthly or annual basis
• You agree to maintain accurate and up-to-date billing information

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current subscription rate.

4.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes take effect at the start of your next billing period. Continued use after price changes constitutes acceptance.

4.5 Refunds

• Subscription fees are generally non-refundable
• We may, at our discretion, provide refunds or credits in certain circumstances
• Refund requests must be submitted within 30 days of the charge

4.6 Cancellation

You may cancel your subscription at any time through your account settings or the Stripe Customer Portal. Cancellation takes effect at the end of the current billing period, and you will retain access until then.

4.7 Power-Ups and Add-Ons

Additional features ("Power-Ups") may be available for purchase. These are subject to their own pricing and terms, which will be disclosed at the time of purchase.

5.1 Stripe Connect

If you use our e-commerce features to accept payments:

• You must create and maintain a Stripe Connect account
• You agree to Stripe's terms of service and acceptable use policy
• We collect a 2% platform fee on transactions processed through Stripe Connect
• You are responsible for all aspects of your transactions with your customers

5.2 Inventory and Orders

• You are responsible for accurate inventory management
• You must fulfill orders in accordance with your stated terms
• We are not liable for disputes between you and your customers

5.3 Quotes and Invoices

• You are responsible for the accuracy of quotes and invoices you create
• You must comply with all applicable tax and invoicing regulations
• Electronic signatures collected through our quote acceptance feature have legal effect

6.1 Domain Registration

• Domain registration is provided through Amazon Web Services Route 53
• Domain availability is not guaranteed until registration is complete
• You must provide accurate contact information for domain registration
• Domain registrations are subject to ICANN policies and the applicable registry's terms

6.2 Domain Renewals

• Domains require annual renewal
• You are responsible for timely renewal to avoid domain expiration
• Expired domains may become unavailable and subject to redemption fees

6.3 Domain Transfers

• You may transfer domains in or out of our Service
• Transfers are subject to registry policies and may require authorization codes
• Transfer fees may apply

7.1 Your Content

• You retain ownership of all content you create, upload, or publish ("User Content")
• You grant us a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your User Content solely for the purpose of operating the Service
• You represent that you have all necessary rights to your User Content

7.2 Content Responsibility

You are solely responsible for your User Content and must ensure it:

• Does not infringe any third-party intellectual property rights
• Does not violate any applicable laws or regulations
• Does not contain malware, viruses, or harmful code
• Does not constitute spam, phishing, or fraudulent activity

7.3 Content Moderation

• We use automated content moderation (AWS Rekognition) to scan uploaded images
• We reserve the right to remove content that violates these Terms or our policies
• We may suspend or terminate accounts that repeatedly violate content policies

7.4 Our Intellectual Property

• JellyMachine and its original content, features, and functionality are owned by us
• Our trademarks, logos, and service marks may not be used without our prior written consent
• The Service is protected by copyright, trademark, and other intellectual property laws

7.5 Templates and Components

• Templates and pre-built components provided through the Service are licensed for your use
• You may not redistribute, resell, or sublicense templates outside the Platform
• AI-generated content is provided under license for your use in websites created on the Platform

8.1 You may not use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Create, host, or distribute illegal, harmful, or objectionable content
• Engage in fraud, phishing, or deceptive practices
• Distribute malware, viruses, or harmful code
• Send spam, unsolicited communications, or unauthorized advertising
• Infringe intellectual property rights of others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Create derivative works based on the Service
• Resell, sublicense, or commercially exploit the Service without authorization
• Use automated means to access the Service (bots, scrapers) without permission
• Circumvent any security measures or access controls
• Use the Service for any illegal or unauthorized purpose

8.2 Prohibited Content

You may not create, upload, or publish content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Contains hate speech, discrimination, or promotes violence
• Is sexually explicit, pornographic, or obscene
• Exploits minors or depicts child sexual abuse material
• Violates privacy rights or contains unauthorized personal information
• Infringes copyrights, trademarks, or other intellectual property rights
• Contains false or misleading information intended to deceive
• Promotes illegal activities or substances
• Violates export control laws or sanctions

9.1 Publishing

• Websites are published to our content delivery network (CDN)
• Published sites are publicly accessible unless access controls are applied
• You are responsible for all content published through your account

9.2 SSL/TLS Certificates

• We automatically provision SSL certificates for custom domains
• Certificates are managed through AWS Certificate Manager
• You must maintain proper DNS configuration for certificate validation

9.3 Storage Limits

• Storage allocation varies by subscription tier
• Exceeding storage limits may require upgrade or content removal
• We reserve the right to remove content from accounts exceeding limits after notice

9.4 Bandwidth and Traffic

• Reasonable bandwidth is included in subscription plans
• Excessive traffic may be subject to additional charges or throttling
• We reserve the right to address traffic abuse affecting service quality

10.1 Transactional Email

• Email services are provided through AWS Simple Email Service (SES)
• You must verify domain ownership before sending emails from custom domains
• DKIM, SPF, and DMARC configuration is required for email authentication

10.2 Email Usage

• You may only send emails to recipients who have consented to receive them
• You must comply with all applicable email laws (CAN-SPAM, GDPR, etc.)
• Spam, phishing, or abusive email practices are strictly prohibited
• We may suspend email services for accounts violating email policies

10.3 Email Limits

• Email sending limits vary by subscription tier
• Exceeding limits may result in temporary suspension of email services

11.1 SMS Services Overview

JellyMachine provides SMS/text messaging functionality that allows businesses using our platform to send text messages to customers who have provided their phone number and explicitly opted in to receive messages. SMS messages are sent through Amazon Web Services (AWS) SMS infrastructure on behalf of the business operating the website.

11.2 Consent and Opt-In

• SMS messages are only sent to individuals who have provided express written consent by checking the SMS opt-in checkbox on a form
• Consent is recorded with a timestamp and associated with the phone number provided
• SMS consent is not required as a condition of purchasing any goods or services
• You may not send SMS messages to any contact who has not provided opt-in consent through the platform

11.3 Message Frequency and Rates

• Message frequency varies based on the nature of the interaction and any automations configured by the business
• Message and data rates may apply depending on the recipient's mobile carrier and plan
• JellyMachine is not responsible for any charges incurred by recipients from their mobile carriers

11.4 Opt-Out and STOP

• Recipients may opt out of SMS messages at any time by replying STOP to any message
• Recipients may also opt out by visiting jellymachine.com/sms/unsubscribe
• Recipients may reply HELP to any message for assistance or contact support@jellymachine.com
• Opt-out requests are processed immediately and the platform will block all further SMS to that number

11.5 Data Privacy for SMS

• Phone numbers collected through opt-in forms are stored securely and used only for delivering SMS messages as consented
• We do not sell, rent, or share phone numbers or SMS consent data with third parties for their marketing or promotional purposes
• Phone numbers and consent records are retained as described in our Privacy Policy

11.6 SMS Compliance (For Website Owners)

If you use SMS features on your JellyMachine websites:

• You must only send SMS messages to contacts who have opted in through the platform's consent mechanism
• You must comply with all applicable laws and regulations including the Telephone Consumer Protection Act (TCPA) and Cellular Telecommunications Industry Association (CTIA) guidelines
• You must honor all opt-out requests promptly
• You are responsible for the content of SMS messages you send through the platform
• We may suspend or terminate SMS features for accounts found to be in violation of these terms or applicable law

12.1 AI-Generated Content

• AI features are powered by third-party services (OpenAI)
• AI-generated content is provided "as is" without guarantees of accuracy
• You are responsible for reviewing and verifying AI-generated content
• AI features may not be available in all regions or at all times

12.2 AI Usage

• AI features may have usage limits based on your subscription tier
• You must not use AI features to generate prohibited content
• AI-generated content must comply with our content policies

13.1 Built-in Analytics

If you enable analytics on your websites:

• Data is collected from visitors to your published sites
• You are responsible for disclosing analytics usage in your privacy policy
• Analytics data is retained for approximately 180 days (events) to 365 days (sessions)

13.2 Compliance Responsibility

You are responsible for ensuring your use of analytics complies with applicable privacy laws (GDPR, CCPA, etc.), including obtaining necessary consents from your website visitors.

14.1 Connected Accounts

• You may connect social media accounts (Facebook, Instagram, X/Twitter)
• Connection requires OAuth authorization with the respective platforms
• You must comply with each platform's terms of service
• We store access tokens securely to post on your behalf

14.2 Scheduled Posts

• Posts are scheduled and published at your direction
• We are not responsible for failed posts due to platform API changes or restrictions
• You are responsible for all content posted through connected accounts

15.1 Integrated Services

The Service integrates with various third-party services, including:

• Stripe (payment processing)
• Amazon Web Services (hosting, email, DNS, content moderation)
• OpenAI (AI features)
• Mapbox (mapping features)
• Social media platforms (Facebook, Instagram, X/Twitter)

15.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their availability.

15.3 API Access

If you use API features, you agree to use them responsibly and in accordance with our API documentation and rate limits.

16.1 Backups

• We maintain regular backups of the Service for disaster recovery
• Backups are for our operational purposes and not guaranteed data recovery
• You are responsible for maintaining your own backups of critical content

16.2 Data Export

You may export your data through available export features or API access during your subscription period.

17.1 Disclaimer of Warranties

17.2 Limitation of Damages

17.3 Exceptions

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. In such cases, our liability is limited to the maximum extent permitted by law.

19.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting our support team to request account deletion

19.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activity
• You fail to pay applicable fees
• We are required to do so by law
• We discontinue the Service (with reasonable notice)

19.3 Effect of Termination

Upon termination:

• Your right to access the Service ceases immediately
• We may delete your User Content after a reasonable retention period
• Provisions that by their nature should survive will survive termination
• You remain responsible for any outstanding fees

20.1 Informal Resolution and 30-Day Cure Period

Before filing any formal legal claim, you agree to provide JellyMachine written notice of the dispute by email to legal@jellymachine.com and an opportunity to resolve it informally for a period of at least thirty (30) days. The notice must describe the nature and basis of the claim and the specific relief sought.

In addition, prior to bringing any action under the California Consumer Privacy Act (Cal. Civ. Code § 1798.150) or other state consumer-protection statute that provides for a right to cure, you agree to provide JellyMachine written notice and a thirty (30) day cure period before initiating any such action.

20.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles. Subject to Section 20.3 (Arbitration), the state and federal courts located in the State of Colorado shall have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to the personal jurisdiction of those courts.

20.3 Binding Arbitration and Class Action Waiver

PLEASE READ CAREFULLY. Except for the disputes excluded in Section 20.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

You and JellyMachine agree to bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.

If this class action waiver is held to be unenforceable, then the entirety of this Section 20.3 shall be null and void, but the remainder of these Terms shall continue in full force and effect.

20.4 Exceptions

The arbitration requirement in Section 20.3 does not apply to:

• Disputes regarding intellectual property rights
• Claims for injunctive or other equitable relief
• Small claims court matters within jurisdictional limits

20.5 Your Right to Opt Out of Arbitration

You may opt out of the arbitration agreement and class action waiver in Section 20.3 within thirty (30) days of first accepting these Terms by emailing legal@jellymachine.com with the subject line "Arbitration Opt-Out" and including your full name, email address associated with your account, and a clear statement that you are opting out of the arbitration agreement. Opting out will not affect any other portion of these Terms. If you do not opt out within thirty (30) days, you and JellyMachine will be bound to arbitrate disputes in accordance with Section 20.3.

21.1 Notice and Takedown Procedure

JellyMachine respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we will respond expeditiously to notices of alleged copyright infringement that comply with the requirements set forth below.

If you believe that material accessible on or from the Service infringes a copyright that you own or control, you may submit a written notification (a "DMCA Notice") to our designated Copyright Agent. To be effective, the DMCA Notice must include substantially all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notification, a representative list of such works);
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with sufficient detail (such as a URL) to permit us to locate it;
• Your contact information, including name, mailing address, telephone number, and email address;
• A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

21.2 Designated Copyright Agent

DMCA Notices must be sent to our designated Copyright Agent at the following address (also registered with the U.S. Copyright Office at copyright.gov/dmca-directory):

Notices that do not comply with the DMCA may not be valid and may not be acted upon. Knowingly submitting a false DMCA Notice may subject you to liability under 17 U.S.C. § 512(f).

21.3 Counter-Notification

If you believe that material you posted to the Service was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Copyright Agent that includes substantially the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or disabled and the location at which it appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the federal district court for any judicial district in which JellyMachine may be found), and that you will accept service of process from the person who provided the original DMCA Notice or an agent of such person.

21.4 Repeat-Infringer Policy

In appropriate circumstances and at our sole discretion, we will disable and/or terminate the accounts of users who are repeat infringers of copyright or other intellectual property rights.

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and JellyMachine.

22.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

22.4 Assignment

You may not assign or transfer your rights under these Terms without our consent. We may assign our rights without restriction.

22.5 Force Majeure

We are not liable for any failure or delay resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages.

22.6 Notices

We may provide notices through the Service, email to your registered address, or other reasonable means. Notices to us must be sent to our designated contact address.

22.7 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and JellyMachine.