Terms & Conditions, Last Updated 20th August 2024
Please read these Terms of Service carefully. Once accepted, these Terms of Service, in combination with our Privacy Policy, Data Processing Agreement, and Data Usage (collectively the "Terms"), constitute a legally binding agreement between you (or the business entity that you represent) and Jewelrybox.ai ("Jewelrybox.ai," "we" or "us") and will govern your access to and use of the platform and all other interactions with Jewelrybox.ai related to the platform.
Only the terms in this right column are legally binding. The explanations in the column to the right are for informational purposes only and non-binding.
If you do not agree to these terms, you should not accept them, create an account, or use the platform. In the event of a conflict between these Terms of Service and the additional agreements incorporated herein by reference, these Terms of Service shall prevail.
Jewelrybox.ai reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.
1. Use of Platform
1.1. Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") to create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor's use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor's use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations, and warranties contained in the Terms on the Minor's behalf.
1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.
1.10. Usage Restrictions for Jewelrybox.ai Resellers. We offer access to the Platform to Jewelrybox.ai resellers based on tiered-pricing, where certain tiers allow for higher data processing capacity without impacting performance. Please note that we cannot be held liable for any negative effects on performance resulting from excessive data usage on your part. In our sole discretion, if we determine that your data usage is excessive, abusive, or adversely affects the Platform in any way, we may take the following actions:
1) Require you to upgrade your Services to maintain your current activity levels if your data usage exceeds the intended use of your existing Platform tier or if our operational costs to support your Platform usage exceed the subscription price;
2) Suspend or terminate your use of the Platform or Services; and/or
3) Reduce the amount of data you are able to use.
2.Pricing Tables
2.1 Platform Updates. Jewelrybox.ai acknowledges that it reserves the right to make updates or changes to the Platform at any time, including adjustments that may impact the previous mode of operation. Jewelrybox.ai agrees that its use of the Platform or purchase of Services is not contingent upon the delivery or release of any specific functionality or feature, including the continuation of any particular Service or third-party services.
2.2. International Use. If you reside in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Jewelrybox.ai recognizes that it does not represent or warrant that materials on the Platform are appropriate or available for use in locations outside the United States. By accessing the Platform from other locations, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction, including any applicable taxes on internet purchases. Any offers for products, Services, and/or information made in connection with the Platform are void where prohibited.
3. Resale MAP Policy.
If you are an authorized reseller of Jewelrybox.ai, offering access to a customized version of the Platform, you must comply with our Minimum Advertised Price Policy (“MAP Policy”) as outlined below:
a. Minimum Advertised Price. You are prohibited from advertising access to the Platform at a price lower than the Standard Prices offered by Jewelrybox.ai (the “MAP Policy”). The Standard Price for one Sub-Account is $399 USD for monthly subscription.
3.1. Limitations on Excessive Usage. Jewelrybox.ai provides access to the Platform based on tiered-pricing structures, allowing for more efficient data processing and minimal impact on performance. It's important to note that Jewelrybox.ai assumes no liability for any adverse effects on performance resulting from excessive data usage. In the event that Jewelrybox.ai, at its sole discretion, determines that your data usage exceeds the intended limits of your existing Platform tier or significantly affects the operational costs associated with supporting your Platform usage, Jewelrybox.ai may take the following actions: (1) require upgrading of Services to sustain activity levels, (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the allocated data usage.
3.2. Platform Updates. Jewelrybox.ai reserves the right to introduce updates or make changes to the Platform at any time, including modifications that may alter the previous mode of operation. Your use of the Platform and your purchase of Services are not dependent on the delivery or release of any specific functionality or feature by Jewelrybox.ai, including the continuity of any particular Service or third-party services.
3.3. International Usage. If you are located in a country under embargo or are a sanctioned individual or entity, you are strictly prohibited from using the Jewelrybox.ai Platform. Jewelrybox.ai does not guarantee the appropriateness or availability of Platform materials for use outside the United States. If you choose to access the Platform from a location outside the United States, you are solely responsible for compliance with local laws in your jurisdiction, including, but not limited to, any taxation related to online purchases. Any offers for products, Services, and/or information associated with the Platform are void where prohibited by law.
Resale Minimum Advertised Price (MAP) Policy. If you are an authorized reseller of Jewelrybox.ai, you are obligated to adhere to our Minimum Advertised Price Policy ("MAP Policy") as described below:
a. Minimum Advertised Price. You are not permitted to advertise access to the Jewelrybox.ai Platform at a lower effective price than the Standard Prices offered by Jewelrybox.ai. The Standard Price for one Sub-Account is $399 USD for monthly subscription.
b. Minimum Advertised Price. You cannot advertise access to the Platform for an effective price that is less than the Standard Prices offered by Jewelrybox.ai (the "MAP Policy"). Standard Price for one Sub-Account is $399 USD for monthly subscription. Jewelrybox.ai reserves the right to change its Standard Prices at any time, for any reason. In the event of a change to Jewelrybox.ai's Standard Prices, you are responsible for ensuring your continued compliance with the MAP Policy. For the avoidance of doubt, Jewelrybox.ai may run special pricing offers, promotions, or discounts from time-to-time ("Special Pricing"). Jewelrybox.ai's use of Special Pricing does not create an exception to the MAP Policy. Any changes to this MAP Policy will be communicated by a change to these Terms or by other forms of communication deemed appropriate by Jewelrybox.ai in its sole discretion.
c. Advertised Price and Final Sale Price. The price at which you are advertising access to the Platform is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price ("Advertised Price"). The MAP Policy only applies to the Advertised Price. The final price at which you resell access to the Platform ("Final Price") is not subject to the MAP Policy.
d. Exceptions to MAP Policy.
d.a. Jewelrybox.ai reserves the right to make exceptions to this MAP Policy at any time, for any reason, in its sole and absolute discretion. Such exceptions must be made in writing, and may be revoked at any time, for any reason, in its sole and absolute discretion.
d.b. The MAP Policy does not apply to Advertised Prices displayed at brick-and-mortar selling locations where the Advertised Price is not distributed or visible to customers outside said location, or where Final Prices are first disclosed to customers in "shopping carts" for web-based sales (so long as such Final Prices cannot be retrieved by search engines or otherwise displayed to customers).
d.c. This MAP Policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an Advertised Price less than the MAP Policy from any such jurisdiction to customers in any jurisdiction in which the MAP Policy is permissible.
d.d. For sales into the European Union and United Kingdom, this MAP Policy does not prohibit you from offering customers discounts or communicating to customers that the Final Price could differ from the Advertised Price.
e. Resale Restrictions. When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. Jewelrybox.ai may offer, but is not obligated to, assist in resolving customer disputes or inquiries in its sole discretion. If Jewelrybox.ai determines, in its sole discretion, that you are failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we may exercise our ability to terminate your Platform Account.
f. You Are Not Jewelrybox.ai. You are prohibited from representing yourself as a Jewelrybox.ai employee or otherwise implying an association with Jewelrybox.ai when reselling access to the Platform. You may not direct your customers to contact Jewelrybox.ai for any reason, including but not limited to Platform support.
g. Suspension and Termination. We may suspend or terminate your ability to resell access to the Platform in our sole discretion, with or without notice, if you violate the MAP Policy or these Terms or for any other reason in our sole and absolute discretion.
4. Prohibited Uses
The following actions are deemed as Prohibited Uses of the Jewelrybox.ai Platform. Engaging in any of these Prohibited Uses represents a substantial breach of this Agreement and may result in immediate suspension or termination of your Jewelrybox.ai Platform Account, in accordance with these Terms:
Use of the Platform in any manner that violates applicable laws or regulations.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone.
Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including "junk mail," "chain letter," "spam," or any other similar solicitation.
Impersonating or attempting to impersonate Jewelrybox.ai, a Jewelrybox.ai employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Jewelrybox.ai Platform.
Engaging in any conduct that, as determined by Jewelrybox.ai, may harm Platform users, Jewelrybox.ai, or expose either party to liability.
Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.
Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any material on the Platform.
Use of any manual process to monitor or copy any material on the Platform, or for any other unauthorized purpose without Jewelrybox.ai's prior written consent.
Use of any device, software, or routine that interferes with the proper working of the Jewelrybox.ai Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Jewelrybox.ai Platform, the server on which it is stored, any server, computer, or database connected to the Platform.
Attacking the Jewelrybox.ai Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Jewelrybox.ai Platform.
5. Payment
5.1. Fees. Your utilization of the Platform is contingent upon the prompt payment of all Fees. Fees are subject to change periodically. All Fees are exclusive of Communication Surcharges. You shall be responsible for the payment of all Communications Surcharges associated with your usage of the Platform. Communications Surcharges will be itemized separately on the invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be invoiced to the credit card on file. Subscription fees will be invoiced in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card details, and phone number) and notify us within 10 days of any changes.
5.2. Subscription Models.
a. Do It Yourself Package: $399/month
Access to basic CRM features and essential marketing tools.
b. Done With You Package: $799/month
Access to all 27 CRM features and AI integrations, plus monthly omni-channel lead generation campaign templates.
c. Done For You Package: $1499/month
Comprehensive service package including all CRM features, AI integrations, and full-service marketing management.
5.3. Noncancelable Fees. Certain Services subscriptions may require a noncancellable minimum subscription commitment that cannot be terminated until the commitment period is fulfilled. Fees for such noncancellable minimum subscription commitments shall continue to be automatically applied to your bill until the minimum commitment is met.
5.4. No Markup. You are prohibited from marking up or increasing any Jewelrybox.ai Fees that you pass through to your customers or third parties. You shall bear sole responsibility for all pass-through Fees and related expenses, including but not limited to refunds and chargebacks of such pass-through Fees. Jewelrybox.ai shall not be responsible for resolving any issues or disputes arising between you and your customers regarding pass-through Fees.
5.5. Taxes. You are solely responsible for any taxes and other governmental assessments ("Taxes") associated with your usage of the Platform, including all Taxes related to your transactions with your customers. Jewelrybox.ai may collect Taxes from you as part of the Fees, as legally required or deemed appropriate by Jewelrybox.ai, and all determinations made by Jewelrybox.ai regarding what Taxes to collect shall be final. Jewelrybox.ai may recalculate and collect additional Taxes from you if it determines at any point that they are due. You shall indemnify Jewelrybox.ai for any Claims related to Taxes arising from your activities on the Platform, including any Taxes related to transactions with your customers as further described below. Taxes are nonrefundable.
5.6. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that Jewelrybox.ai may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to Jewelrybox.ai. In the event legal action is necessary to collect on balances due, you agree to reimburse Jewelrybox.ai for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
5.7. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with Jewelrybox.ai to resolve the dispute. All Jewelrybox.ai determinations regarding your obligation to pay invoiced Fees and charges are final.
5.8. No Refunds or Credits. Except as described below, all Fees assessed by Jewelrybox.ai are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Jewelrybox.ai does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Jewelrybox.ai reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Jewelrybox.ai's determination of if and when to issue or deny a refund or credit is final.
5.9. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
5.10. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Jewelrybox.ai Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.
5.11. Free Trial and Automatic Billing. By accessing the free trial and adding your credit card information, you acknowledge and agree that you will automatically be enrolled in the corresponding subscription package upon the conclusion of the free trial period. For example, if you select the Done With You (DWY) trial, you will be billed $799 per month once the trial period ends. Your credit card will be charged monthly in alignment with the selected package unless you cancel the subscription prior to the end of the trial period.
6. Affiliate Program
Jewelrybox.ai offers an Affiliate Program under which customers may receive commissions for referring new accounts to Jewelrybox.ai. Your participation in the Affiliate Program is subject to Jewelrybox.ai's approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your Jewelrybox.ai account in order to earn and receive commission payouts. Commissions may be forfeited if Jewelrybox.ai is unable to submit payment to your payment account for any reason.
7. Intellectual Property
7.1. Proprietary Content. The proprietary content, integrations, campaigns, snapshots, and business structures created by Jewelrybox.ai are the exclusive property of Jewelrybox.ai. Jewelrybox.ai grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use this proprietary content solely for the purpose of utilizing the Jewelrybox.ai services. Any other use, including reproduction, modification, distribution, transmission, republication, framing, display, or performance of Jewelrybox.ai's proprietary content without prior written permission from Jewelrybox.ai is strictly prohibited. This proprietary content does not include user contributions or content provided by third-party licensors.
7.2. Use of Proprietary Content. You agree not to share, distribute, recreate, or allow access to Jewelrybox.ai's proprietary content, integrations, campaigns, snapshots, or business structures to third-party partners or any other external entities without explicit permission from Jewelrybox.ai. Any unauthorized use or distribution of Jewelrybox.ai's proprietary content will be considered a violation of this agreement and will be subject to legal action.
7.3. Attribution and Notices. You may not remove, alter, or obscure any proprietary notices, including attribution information, credits, and notices that have been placed on or within the Jewelrybox.ai services or content.
7.4. Third-Party Content and Marks. Other products or company names mentioned within Jewelrybox.ai's services may be the property of their respective owners. The use of third-party marks or content does not imply any endorsement, sponsorship, or affiliation with Jewelrybox.ai unless explicitly stated.
7.5. User Contributions. User Contributions are deemed non-confidential and non-proprietary. By submitting User Contributions, you grant Jewelrybox.ai, our service providers, and their respective licensees, successors, and assigns an irrevocable, perpetual right to use, reproduce, modify, perform, display, distribute, and disclose User Contributions to third parties for any purpose. Moreover, you grant Jewelrybox.ai the right to utilize Your Information and User Contributions to enhance the functionality of the Platform, develop new services, and enhance our overall product offerings and business model. Jewelrybox.ai assumes no responsibility or liability to any third party for the content or accuracy of any User Contributions and does not endorse any User Contributions by third parties. Jewelrybox.ai is not liable for any failure or delay in removing User Contributions that violate the Terms. We reserve the right to delete or remove any User Contributions that we deem to be in violation of these Terms, with or without notice, at any time, for any reason. By submitting User Contributions, you represent and warrant that: (i) You own or have the necessary rights in and to the User Contributions and have the authority to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Contribution.
7.6. Prohibited User Contributions. You are prohibited from posting on the Platform any User Contributions that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or contain graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate individuals or groups on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other characteristic; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Compromise the security of, breach, or attempt to gain access to secured, protected, or restricted areas of the Platform, or attempt unauthorized access to other networks or servers through your Jewelrybox.ai account.
7.7. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Jewelrybox.ai has no obligation to use the Feedback. You grant Jewelrybox.ai and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Jewelrybox.ai without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Jewelrybox.ai or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Jewelrybox.ai, and neither your disclosure of the Feedback nor Jewelrybox.ai's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Jewelrybox.ai.
7.8. Feedback Waiver. You hereby irrevocably release and forever discharge Jewelrybox.ai from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Jewelrybox.ai with respect to the Feedback, including without limitation how Jewelrybox.ai directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Jewelrybox.ai's option and at your sole expense) to defend, indemnify, and hold Jewelrybox.ai harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Jewelrybox.ai may incur as a result of use of the Feedback in accordance with these Terms.
7.9. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should provide us with notice of your infringement claim according to the procedure presented below. We shall proceed with the processing and investigation of any alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws concerning any alleged or actual infringement. To notify us of any claimed copyright infringement, please send an email to support@jewelrybox.ai (Subject line: "DMCA Takedown Request"), and mail the notice to the designated copyright agent address specified below.
Our designated copyright agent to receive DMCA Notices is:
Yummy Marketing
Attention: Anthony Haddad
1952 Laughing Gull lane Clearwater, FL 33762 #1415
To ensure effectiveness, the notification must adhere to the following requirements:
An electronic or physical signature of the authorized person acting on behalf of the copyright or intellectual property owner.
Description of the copyrighted work or intellectual property that you claim has been infringed.
Description of the location on the Platform where the material that you claim is infringing can be found, providing enough detail for us to identify it.
Your address, telephone number, and email address.
A statement by you that you possess a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, asserting that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
8. Disclaimers
The platform (Jewelrybox.ai) is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Your use of the platform is at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. You agree that Jewelrybox.ai has no responsibility or liability for the deletion or failure to store any information or content maintained or transmitted on or through the platform.
Without limiting the foregoing, we make no warranty that (a) the platform will meet your requirements, (b) the platform will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the platform will be effective, accurate or reliable, or (d) the quality of the platform will meet your expectations or be free from mistakes, errors, or defects.
You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree that Jewelrybox.ai is not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network.
Jewelrybox.ai makes no warranty regarding any transactions executed through a third party or third-party services, or in connection with the platform, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any services or content available on or through the platform from a third party or through third-party services is provided solely by such third party.
We reserve the sole right to either modify or discontinue the platform, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on this platform shall also be subject to these Terms of Service.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
9. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.
In no event shall Jewelrybox.ai be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from malicious code, loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Platform or third-party services or of any website referenced or linked to from the Platform.
Further, we shall not be liable in any way for third-party services or disruptions thereof, or third-party promises and/or statements regarding our platform services or content or for transactions with the third party through the Platform, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
You agree to defend, indemnify, and hold Jewelrybox.ai harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including, without limitation, reasonable attorneys' fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform ("Claims"), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Jewelrybox.ai property by you, your employees, agents, or customers; (d) any negligence, gross negligence, or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers; (f) violation(s) of applicable law by you, your employees, agents, or customers; (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email, or other communications using the Services; (i) taxes and other fees; and/or (j) any disputes between (1) you and other users, (2) you and your client(s), and/or (3) your customers.
If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform.
10. Limitation On Time To File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within three (3) months after the event giving rise to the action or claim occurred, regardless of when you knew or should have known about it; otherwise, such cause of action or claim is permanently barred.
11. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Jewelrybox.ai for which monetary damages would not be an adequate remedy, and Jewelrybox.ai shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
12. Waiver And Severability
You agree that a breach of these Terms will cause irreparable injury to Jewelrybox.ai for which monetary damages would not be an adequate remedy, and Jewelrybox.ai shall be entitled to seek equitable relief, in addition to any remedies it may have under these Terms or at law, without having to post a bond or other security. No waiver by Jewelrybox.ai of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Jewelrybox.ai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
13. Change of Control
Jewelrybox.ai may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Jewelrybox.ai's prior written consent, which may be withheld at Jewelrybox.ai's sole discretion.
14. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement between you and Jewelrybox.ai with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Jewelrybox.ai.Jewelrybox.ai may enter into a separate agreement with you. The terms of any separate agreement between you and Jewelrybox.ai will be considered a part of your entire agreement with Jewelrybox.ai. To the extent there is a conflict between these Terms and the terms of your separate agreement with Jewelrybox.ai, your separate agreement with Jewelrybox.ai will control.
15. Term and Termination
Except as noted below, these Terms constitute the sole and entire agreement between you and Jewelrybox.ai with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Jewelrybox.ai.Jewelrybox.ai may enter into a separate agreement with you. The terms of any separate agreement between you and Jewelrybox.ai will be considered a part of your entire agreement with Jewelrybox.ai. To the extent there is a conflict between these Terms and the terms of your separate agreement with Jewelrybox.ai, your separate agreement with Jewelrybox.ai will control.
a. Grounds for Termination. You agree that Jewelrybox.ai, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Platform and reporting you to the proper authorities, if necessary. Jewelrybox.ai reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Jewelrybox.ai is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regard to your Platform access.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, Jewelrybox.ai requires written notice at least 30 days before your next billing date.
d. No Termination by Third-Party Users. Jewelrybox.ai has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Jewelrybox.ai must contact the party who originally provided access to the Platform for any inquiries related to termination.
e. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in the delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
16. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE CAREFULLY READ THE FOLLOWING PARAGRAPHS AS THEY REQUIRE YOU TO CONSENT TO SOLVING ANY DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Florida shall govern these Terms of Service and any disputes arising from them, without regard to any principles of conflicts of laws.Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules in effect at that time. This arbitration provision is bound by the Federal Arbitration Act. The arbitration proceedings shall be held in Florida. Any arbitration award may be entered in a court with proper jurisdiction.
All claims and disputes within the parameters of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims involving more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
17. Communications and Contact Information
All notices to a party shall be in writing and communicated via email. Notices to Jewelrybox.Ai and its representatives must be sent to Anthony@yummyimagemedia.com. By registering, you consent to receiving notices through the email address provided during registration or any other address we have on record. Notices are effective upon receipt.
Jewelrybox.ai may contact you regarding these Terms using the information you provide or through other means if no contact information is provided. To stop receiving communications from Jewelrybox.ai, you can click the "unsubscribe link" provided in such communications or contact us at Anthony@yummyimagemedia.com.
When creating a Jewelrybox.ai account, you must designate a primary email address for receiving electronic communication related to these Terms. Jewelrybox.ai will never send you an email requesting confidential information such as account numbers, usernames, or passwords. Please refrain from responding to any email requesting such information. If you receive an email supposedly from Jewelrybox.ai, do not reply to the email and notify us by emailing.For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:
Yummy Marketing
Attention: Anthony Haddad
1952 Laughing Gull lane Clearwater, FL 33762 #1415
18. Definitions
18.1. "Communication Surcharges" refers to any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
18.2. "Feedback" refers to ideas You provide to Jewelrybox.ai regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to Jewelrybox.ai's business.
17.3. "Fees" refers to any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
18.4. "Jewelrybox.ai Marks" refers to the Jewelrybox.ai name and related logos and service marks of Jewelrybox.ai.
18.5. "Information" refers to data about You and Your customers that Jewelrybox.ai collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
18.6. "Login Credentials" refers to the username and password used to access your Platform Account.
18.7. "Platform" refers to any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Jewelrybox.ai's website or mobile application.
18.8. "Platform Account" refers to the account you created in order to access and use the Platform.
18.9. "Platform Content" refers to content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
18.10. "Prohibited Conduct" refers to the behaviors described in Section 3.
18.11. "Services" refers to the variety of product integrations and services that Jewelrybox.ai makes available on the Platform. Services may include Third Party Services.
18.12. "Sub-Account" refers to a subscription for one business under a Platform Account.
18.13. "Third Party Content" refers to content, promotions, or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
18.14. "Third Party Services" refers to any Services or other services owned and provided by a third-party vendor that Jewelrybox.ai makes available to You as a Service on or through the Platform.
18.15. "Training" refers to any training, information, or suggested usages conveyed by Jewelrybox.ai about the Platform.
18.16. "User Contributions" refers to content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Jewelrybox.ai directly.
18.17. "You" or "you" or any derivatives thereof refers to the individual who agreed to the Terms or the business entity that the individual represents. "You" also includes any and all agents, employees, or third parties authorized to act on your behalf.
