Last Updated: 1/1/2025
These Jellypod Terms of Service ("Terms") set forth the legally binding terms and conditions that govern your use of the Jellypod (a) website located at jellypod.ai and all associated web pages, websites, and social media pages (the "Website"); and (b) services (including mobile applications) and products accessible via the Website or our application programming interfaces (APIs) or otherwise made available to you by us (together with the Website, the "Services").
These legal terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Jellypod, Inc ("Jellypod", "us", "we", "our"). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By completing the account registration process, browsing the Website, or using our Services, you have read, understood, and agree to be bound be these Terms.
Additional terms may apply in relation to your access of some or all of our Services ("Supplemental Terms"). These supplemental terms may be posted on the Services from time to time, and if there is a conflict between the Supplemental Terms and these terms, the Supplemental Terms will control for that conflict.
We reserve the right to update these terms at our sole discretion, notifying you by revising the "Last Updated" date of these Legal Terms and you waive any right to receive specific notice of each such change. Amended terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to with all of these terms, then you are prohibited from using the services and you must discontinue use immediately.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Jellypod submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Your access to and use of the Services and your use of any Output (defined below) must comply with these Terms. You may not access or use the Services if you are not at least 18 years old. You may not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
Without limiting the forgoing: (i) if you access or use our Services free of charge (a "Free User"), you may only use the Services for non-commercial purposes; (ii) if you access or use our Services through a paid subscription plan (a "Paid User"), you may use the Services for commercial purposes. In either case, your access and use of the Services and any Output must still comply with these terms, including the "Prohibited Activities" section.
You may be required to register for an account to use the Services. By registering for an account, you warrant that all registration information you submit will be true, accurate, current, and complete and will maintain the accuracy of such information. We have the right to suspend or terminate your account and refuse any and all current or future use of the Services without notice or liability. We may permanently ban your access to and use of the services, including blocking IP addresses, to any person for any reason or for no reason, without warning, at our sole discretion.
You will not share or permit others to use your individual account credentials and agree to keep your password confidential and maintain the security of your account and login credentials. If you suspect or discover that your account has been accessed by a user without your permission, you must promptly notify us. If your account is closed or terminated, you will forfeit all unused credits associated with your account.
You may voluntarily provide feedback or other information such as questions, comments, suggestions, or ideas about Jellypod or our Services (collectively, "Feedback"). We may use all Feedback freely without any restriction or obligation. In addition, we may collect and analyze Usage Data, and we may freely use Usage Data to maintain, improve, enhance, and promote the Services without restriction or obligation. We may only disclose Usage Data to others if the Usage Data is aggregated and does not identify you or our users.
You acknowledge and agree that Jellypod will have no obligation to provide you with any support or maintenance in connection with the Website or Services. All products and services are provided "AS IS".
If we provide you access to a Beta Product, the Beta Product is provided “AS IS” and you acknowledge that Beta Products are experimental in nature and may be modified, broken, or removed at our discretion with or without notice.
We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Jellypod will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
We are the owner or licensee of all intellectual property rights in our Services, including all source code, visual interfaces, graphics, design, information, data, products, logos, trademarks, service marks, and all other elements provided by Jellypod (collectively, the "Content & Marks"). The Content & Marks are protected by copyright and trademark laws, and, except as expressly authorized by Jellypod, you may not make use of the materials. There are no implied licenses in these Terms and we reserve all rights to the Content & Marks not granted expressly in these terms.
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services. Except as set out in these Legal Terms, no part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, scraped, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Users may voluntarily create, submit, upload, or otherwise provide content for use within the Services, including but not limited to text, writings, video, voice recordings, audio, images, graphics, files, links, or other material (collectively, "Inputs"). You retain any copyright and other proprietary rights that you may hold in the Inputs that you provide to the Services. When you contribute Inputs to our Services, you may receive one or more "Outputs" generated by the Services, such as audio, video, or text. By providing Inputs to the Service, you warrant that:
We may, at any time and without prior notice, screen, remove, edit, or block any content that in our sole judgement violates these terms, is alleged to violate the rights of third parties, are in any way burdensome to our systems, or is otherwise objectionable.
For the avoidance of doubt, Output may be generated by any number of first-party and/or third party artificial intelligence models. Except as expressly set forth herein, you retain all rights in and to your Output.
By using our Services, you grant Jellypod a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Inputs and Outputs to develop new services and products. We may enable you to download or distribute your Outputs from the Services. In such instances, you are permitted to use such Outputs outside of the Services but are still subject to these Terms and the "Prohibited Uses". If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.
When Outputs are generated by your use of our Services, you agree that:
Unless otherwise stated in Supplementary Terms, Usage Data and Customer Content may be used to develop, train, or enhance artificial intelligence or machine learning models that are part of our products and services, including third-party components of the Services, and you authorize us to process Usage Data and Customer Content for such purposes. However, we will use commercially reasonable efforts consistent with industry standard technology to de-identify Usage Data and Customer Content before such use. Nothing in this section will reduce or limit our obligations regarding Personal Data that may be contained in Usage Data or Customer Content under Applicable Data Protection Laws. Due to the nature of artificial intelligence and machine learning, information generated by these features may be incorrect or inaccurate. Product features that include artificial intelligence or machine learning models are not human and are not a substitute for human oversight.
As a user of the Services, you agree not to use the Services in any of the following ways:
We reserve the right to temporarily or permanently ban users and delete content that violate these rules. For any use of the Services that may pose a real-world risk of harm, we reserve the right to contact or cooperate with relevant law enforcement authorities.
In order to access certain features, you may be required to purchase a recurring subscription plan (a "Subscription"). If purchased, your Subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until cancelled. The length of your billing cycle will depend on the type of Subscription you choose when you subscribe to the Services.
We reserve the right to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making a transaction; to alter payment options, and refuse to provide any user with any Service. We also reserve the right to correct any errors or mistakes in pricing, even if we have already request or received payment.
All purchases are non-refundable. Any refunds or credits given are at our sole discretion. You can cancel your Subscription at any time by logging into your account. Your cancellation will take effect at the end of the current billing term. If your account is closed or terminated, you will forfeit all unused credits associated with your account.
We may make changes to your Subscription price. We shall communicate any price changes to you in accordance with applicable law. If you do not agree with the pricing changes, you must cancel your Subscription before it goes into effect; otherwise, the new price will apply.
If you have an outstanding, undisputed balance on your account, we may revoke your access to use our Services or terminate your account. We reserve the right to suspend or reinstate a user account at our sole discretion.
Some subscriptions may include "Usage Based Pricing". In the event your subscription includes usage based billing and your usage exceeds the volume provided by your recurring subscription, you will be charged overage fees as indicated to you upon subscribing. By purchasing a recurring subscription with usage based billing, you authorize us to charge your payment method on file for overage fees without requiring prior approval for each charge.
You may provide certain information to Jellypod in connection with your access or use of the Services. We may otherwise collect certain information about you when you access or use the Services. Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
You may request for us to delete your personal data as required under applicable law. Please see our privacy policy below for more information.
We care about your data privacy and information security. Please review our Privacy Policy here: https://jellypod.ai/privacy-policy. By accessing our Website or using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
We may provide Services that rely on or interoperate with third-party products and services, including, but not limited to, data storage services, authentication providers, third-party artificial intelligence model providers, and internet operators (collectively, "Third-Party Services"). These third-party services are not within our control but their availability and operation may impact the use and reliability of our Services.
We may provide links to third-party services or webpages ("Third-Party Content"). Such services and webpages are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsibly for any third-party website accessed through our Services. The inclusion of, or linking to, any third-party website or service does not imply approval or endorsement by us.
We may block or disable access to any third-party services or third-party content (in part or in whole) at any time. Your access to and use of our Services, which rely on third-party services or third-party content may be subject to additional terms, conditions, and policies (including terms of service and privacy policies).
In accordance with the Digital Millennium Copyright Act, if you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. All notifications must meet the requirements of DMCA 17 U.S.C. § 512(c)(3). If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney. If your notification fails to meet the requirements, it may not be effective and you may be liable to Jellypod for certain costs and damages.
Counter Notification. If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a "Counter Notification"). If your counter notification fails to meet the requirements outlined in DMCA 17 U.S.C. § 512(c)(3), your counter-notification may not be effective.
Designated Copyright Agent
Jellypod, Inc.
Attn. Copyright Agent
2261 Market Street, STE 22258
San Francisco, CA 94114, United States of America
copyright@jellypod.ai
The services are provided on an "AS-IS" and "AS-AVAILABLE" basis. You agree that your use of the services will be at your sole risk. We make no guarantees that the Services will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. We disclaim all other warranties and conditions, whether express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. These disclaimers apply to the maximum extent permitted by Applicable Laws.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Jellypod, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Jellypod Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the City and County of San Francisco, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment" on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco Country, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
To the extent permitted by applicable law, in no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
You and Jellypod agree that each may only bring claims against the other in your or your business individual capacity and not as a plaintiff or class member in any purported class proceeding. Further, unless both user and Jellypod agree otherwise, 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.
In no event will we, our directors, employees, or agents, 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 arising from your use of the services, even if we have been advised of the possibility of such damages.
Our total liability to you, regardless of the cause or form of action, will always be limited to the amount paid by you, if any, to us during the six (6) months preceding the claim. Certain laws may not allow for the exclusion or limitation of certain damages or implied warranties. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.
There may be information on the Services that contain typographical errors, inaccuracies, or omissions, including but not limited to pricing, descriptions, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the Services at any time, without prior notice.
If any complaint is not satisfactorily resolved, you can contact the Complain Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd. Suite N 112, Sacramento California 95834 or by telephone at 1 (800) 952-5210 or 1 (916) 445-1254.
You may not remove or export from the United States or allow the export or re-export of the Services or any related technology or materials in violation of any restrictions, laws, or regulations of the United States Department of Commerce, OFAC, or any other United States or foreign agency or authority. You represent and warrant that you are not (a) a resident or national of an Embargoed Country; (b) an entity organized under the laws of an Embargoed Country; (c) designated on any list of prohibited, restricted, or sanctioned parties maintained by the U.S. government or agencies or other applicable governments or agencies, including OFAC’s Specially Designated Nationals and Blocked Persons List and the UN Security Council Consolidated List; nor (d) 50% or more owned by any party designated on any of the above lists. We may terminate your account immediately without notice or liability to comply, as determined in our sole discretion, with applicable export controls and sanctions laws and regulations.
Our failure or decision not to enforce any part of these Terms does not mean we have waived the right to do so in the future. These Terms reflect the entire agreement between the parties relating to the subject matter and supersede all prior agreements, representations, statements and understandings of the parties. Except as noted, these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Section titles are for convenience only and have no legal or contractual effect. Lists that include examples are not exhausive, and are interpreted to include "without limitation". The word "or" is an inclusive "or", meaning "one or both". All URLs include any succesor or localized addresses, including links from within the websites found at the URL. All monetary references are in US Dollars.
If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
By using the Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. Please refer to our privacy policy to learn more about our use of electronic communications. You agree that all agreements, disclosures, notices, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
You agree to let us use your organization's logo and/or name in Jellypod's customer list and at other places including, but not limited to, the Website and other promotional materials.
If you have a question or complaint regarding these Terms or the Services, please email us at contact@jellypod.ai. You may also contact us by writing to Jellypod, Inc. located at 2261 Market Street STE 22258, San Francisco, CA 94114, United States of America.