Jotto End User License Agreement

Please read these terms carefully before using the Jotto software and services. When accepted these terms form a binding contract between you and us.

PLEASE NOTE THAT ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.

Overview

  • Jotto is a software application (or "app") for the recording of audio, video, text or other content.
  • We are trying to help users record their thoughts and share them (the "Services").
  • After opening the Jotto app, a user may create a short video or other content, and post it to the sponsor organization ("Sponsor").

You and Us

Welcome to Jotto. Formally, we are Jotto, Inc. ("Jotto," "we," "us," and "our"). We provide a software app that creates and sends videos via the Service.

We use the term "user" or "you" or "your" to mean any user of our Services. These Terms apply to each user. Individual users may use the Service to create and send audio, video, or text to the Sponsor. All information that you provide to us in each audio, video, text or otherwise is treated as your "Content."

These Terms of Service ("Terms") govern your access to and use of our Services. By accessing or using the Services, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may periodically ask you to confirm that you agree to these terms, including by taking particular actions, such as clicking a button labeled "Let's Go" or "I Agree". Any personally-identifiable information about you or anyone else ("Personal Data"), including Personal Data in any Content, may be stored on or through the Services.

Content

Any audio, video, text and any information you send to or via the Services, including all Personal Data, are collectively referred to as "Content". When you provide Content to us ("your Content"), you warrant to us that you have all rights necessary to provide your Content to us. In addition to your Content, some of the Content on the Services is owned by us ("Jotto Content"), and by other people and entities ("Third Party Content"). You may use Jotto Content for your personal use while you are a user of the Services. However, you may not share any Third Party Content with any other person or entity without the prior written permission of the owner of that Third Party Content.

We own the Jotto Content and the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content other than your Content. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or organization that originates the Content.

We do not monitor the Content submitted via the Services. Except for Jotto Content, Jotto will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content. Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services.

For any Content that you provide to us, you grant Jotto and the Sponsor a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties ("Content License"). Under the Content License, you also permit us or the Sponsor to submit your Content to one or more databases, large language models, and artificial intelligence technologies, for storage, ingestion and other processing, including the creation of derivative work (collectively, "Processed Content"), and you permit us to share, distribute, publish and further process your Content and the Processed Content, Including through multiple iterations of processing.

Except for the Content License you grant to us, you retain the ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you. By using our Services, you consent to the collection, storage, processing and onward transfer of your Personal Data as further stated in the current version of our Privacy Statement for the Services and these Terms. You are responsible for your use of the Services, for your Content, and for the consequences of what you do and the decisions you make.

Please note that the Sponsor may store and use your Content as stated in the Sponsor's own privacy policies. You should ask the Sponsor if you have questions about the Sponsor's privacy policies.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Jotto, its users and the public.

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, Jotto's computer systems, or the technical delivery systems of Jotto'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 Jotto (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Jotto (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Jotto is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Termination

We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site or through the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnity

You agree to defend, indemnify and hold harmless Jotto and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, including any data or Content transmitted or received by you, any other party's access or use of the Services with your username and password, or your violation of these Terms, applicable law, rule or regulation.

You agree to defend, indemnify, and hold Jotto, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  1. your Content or your access to or use of the Services;
  2. any alleged breach of these Terms;
  3. any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right;
  4. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or
  5. any misrepresentation made by you.

We ask that you cooperate as reasonably requested by Jotto in the defense of any claim. Jotto reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Jotto without the prior written consent of Jotto, which consent Jotto may refuse in its sole discretion.

Limitation of Liability

SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. FOR EXAMPLE, THE STATE OF NEW JERSEY DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS.

TO THE EXTENT PERMITTED BY LAW, NEITHER JOTTO NOR ANY OF OUR SPONSORS, PARTNERS, OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, DIRECTORS OR SERVICE PROVIDERS ("AFFILIATES") SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID JOTTO DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $1000, WHICHEVER AMOUNT IS GREATER. NEITHER JOTTO NOR ANY OF THE AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I)YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II)WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III)THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

General Provisions

Severability.

If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

Entire Agreement.

These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Statement. You acknowledge that you have had the opportunity to review these Terms and our Privacy Statement with counsel of your choice.

Amendments to these Terms.

We reserve the right to modify, supplement or replace these Terms, effective upon posting the revised Terms on the Services, including on the Site, or in the App. Your use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to any version or set of changes to the Terms, you may terminate your use of the Services after posting of the revised Terms, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.

No Informal Waivers, Agreements or Representations.

Any failure to act with respect to a breach of these Terms by one party does not waive the other party's right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing signed by the parties that refers to the Terms and states expressly the intent to modify or supplement the Terms.

Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Terms without the prior written permission of Jotto. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective by posting a notice of assignment on the Jotto Services.

Contact Us.

You may contact us via email at connect@jotto.ai. Or via postal mail or courier at: Attn: Law Department, Jotto, Inc., 29 Usonia Road, Pleasantville, NY 10570-2624

Governing Law and Arbitration

These Terms and any action related thereto are governed by the law of the State of New York, and the federal law of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us, whether or not or arising out of these Terms, the Privacy Statement, the Services, or their performance, shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association. To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Effective Date and History

These Terms were last revised: May 1, 2024. Prior revisions of these Terms:

  • September 17, 2019
  • July 6, 2018