Effective Date: October 22, 2024
These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and DonorPacks, LLC, a limited liability company organized under the laws of the State of Virginia, doing business as ProfitJam (“ProfitJam,” “we,” “us,” or “our”), governing your access to and use of the ProfitJam software-as-a-service platform and all associated services, features, and content (collectively, the “Service”).
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you may not access or use the Service.
The Service is intended solely for individuals who are at least eighteen (18) years of age and who are legally competent to enter into binding contracts under applicable law. By using the Service, you represent and warrant that you meet these requirements.
The Service is a commercial software platform designed to facilitate digital business operations. It may include, without limitation, tools for page creation, content generation, data collection, payment processing, integration with third-party services, and user data management.
ProfitJam reserves the right to modify, suspend, or discontinue the Service, in whole or in part, at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
To access certain features of the Service, you may be required to register for an account. You agree to:
Provide accurate, complete, and current information;
Maintain the confidentiality of your credentials;
Promptly update your information as necessary to maintain its accuracy;
Be solely responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account if any information provided is false, misleading, or in violation of this Agreement.
Access to the Service is offered through various subscription plans, which may include free and paid tiers. The availability and functionality of features may differ based on the selected plan.
All fees for paid subscriptions are due in advance and will be charged on a recurring basis (e.g., monthly or annually) in accordance with the billing cycle selected. Payments are processed via a third-party provider, currently Stripe, Inc. ProfitJam does not directly collect or retain full payment card information.
Unless otherwise specified, subscriptions shall automatically renew at the end of each billing cycle for successive terms of equal duration unless canceled by the User in advance of the renewal date.
You may cancel your subscription at any time through your account settings. Cancellation shall be effective at the conclusion of the current billing cycle. No refunds or credits shall be issued for any unused portion of the subscription term.
ProfitJam reserves the right to modify subscription plans, features, or pricing at its sole discretion. Any such modifications shall become effective upon notice to you and shall apply to subsequent billing cycles.
You shall not:
Use the Service for any unlawful, fraudulent, or unauthorized purpose;
Violate any applicable law, regulation, or third-party right;
Interfere with or disrupt the operation of the Service or any systems connected thereto;
Attempt to gain unauthorized access to any part of the Service or related systems;
Transmit viruses, malware, or other harmful code.
ProfitJam reserves the right to investigate and take appropriate legal action against any violation of this Section, including suspension or termination of access.
ProfitJam enables Users to facilitate payment transactions through integration with a third-party payment processor, currently Stripe, Inc. (“Stripe”). All payment processing services provided through the Service are governed by the Stripe Services Agreement (https://stripe.com/legal) and Stripe Connected Account Agreement (https://stripe.com/connect-account/legal), as applicable, which you must accept in order to use payment functionality.
By using the payment functionality of the Service, you acknowledge and agree that you are solely responsible for establishing and maintaining a valid account with Stripe. You are solely responsible for compliance with all applicable laws, rules, and regulations related to your use of Stripe’s services, including but not limited to consumer protection, data privacy, and financial transaction laws.
ProfitJam does not act as a payment processor, money transmitter, or merchant of record. All funds collected through Stripe are received and disbursed directly by Stripe. ProfitJam shall not be liable for any transaction errors, chargebacks, fraudulent activity, account holds, tax obligations, or disputes between you and any customer or payment recipient.
You may not use the Service to collect payments in connection with any unlawful, deceptive, or prohibited activities, including but not limited to illegal gambling, adult content, or the sale of restricted goods or services. ProfitJam reserves the right to restrict or disable access to payment processing features at its sole discretion if such use is suspected.
ProfitJam reserves the right to suspend or terminate your access to the payment functionality of the Service in the event of suspected fraud, regulatory risk, abuse of the Service, or violation of applicable laws or Stripe’s terms.
You retain ownership of all content you submit, upload, or otherwise make available through the Service (“User Content”). By submitting User Content, you grant ProfitJam a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, display, and process such content solely for the purpose of providing the Service.
You represent and warrant that you have all necessary rights, licenses, and consents to provide the User Content and that such content does not violate any applicable laws or third-party rights.
All intellectual property rights in and to the Service, including but not limited to software, documentation, trademarks, service marks, logos, and designs, are and shall remain the exclusive property of ProfitJam, LLC or its licensors. No rights are granted to you except as expressly set forth in this Agreement.
Your use of the Service is subject to our Privacy Policy, which is hereby incorporated by reference. By using the Service, you acknowledge and agree that:
Personal and transactional data may be collected and processed in connection with your use of the Service;
Payment information is handled exclusively by Stripe in accordance with its privacy and security policies;
Certain features may involve interaction with third-party services, such as OpenAI and Make.com, whose data practices are governed by their respective terms.
The Service may interface with third-party services or platforms. ProfitJam does not control and shall not be liable for the content, availability, or data handling practices of such third parties. Your use of any third-party service is subject to the terms and policies of those providers.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROFITJAM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROFITJAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE. IN NO EVENT SHALL PROFITJAM’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO PROFITJAM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless DonorPacks, LLC (d/b/a ProfitJam), its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
Your use of the Service;
Your violation of this Agreement;
Your violation of any applicable law or third-party right.
ProfitJam reserves the right to revise or update this Agreement at any time in its sole discretion. Any such changes shall become effective upon posting. Continued use of the Service following any update constitutes your acceptance of the revised terms.
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Fairfax County, Virginia, and each party irrevocably submits to the jurisdiction and venue of such courts.
If you have any questions regarding this Agreement, you may contact us at:
ProfitJam, LLC.
7953 Tyson Oaks Circle, Suite 100
Vienna, VA 22182
Email: support@profitjam.io
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