Terms & Conditions
Last updated: July 6, 2023
Recital
JOT is the online App which is the exclusive property of:
JOT AI Limited ("JOT")
Registered office: 70 Sir John Rogerson's Quay, Dublin 2, Ireland
Email: [email protected]
Company Register Number: 739333
Article 1. Definitions
These General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions”) comprise the following terms:
“App” means the application to be downloaded by the Client on a smartphone to Use the Services.
“Cards” refer to folders which are created by the Client within the App and can contain verbal or text notes, lists and other documents. All text related content is stored in notes and lists which are content blocks that belong to a Card.
“JOT” refers to the company JOT AI Limited , a company incorporated under the laws of Ireland, operating as the owner and the manager of the App.
“Use of the App” and “Using the App” mean, without any particular distinction, the connection to and browsing on the App, the interactions, storages, instructions and communications of all types carried out on or via the said App.
“Services” refers, without any particular distinction, to each of the services and functionalities made available and provided through the App.
“Client” refers, without any particular distinction, to any natural person who Uses the App.
“Client Account” refers to the Client’s personal and secure space used to, in particular, access, collect, save, store, share or otherwise make use of, any Content or Data, via the App.
“Client Data” refers, without any particular distinction, to all data and information of any kind JOT may have access to, collect and store during the creation of a Client Account and the Use of the App and the Services by the Client.
“Support Service” refers to the Department of JOT which may provide assistance, help and support to the Client in case of technical difficulty.
“Feedback” refers, without any particular distinction, to any materials, questions, comments, suggestions, criticisms, ideas, plans, notes, drawings, original or creative materials or other information of any kind, regarding JOT, the App or the Services that are provided by any means by the Client.
“Content” refers to but not limited to, all content, including but not limited to user generated content, texts, visuals, sounds, logos, trademarks, databases, information, materials, explanations and functionalities available on the App.
“Third Party Content” refers to all Content available on the App which is neither owned nor controlled by JOT such as, but not limited to, links leading to other websites.
“Transfer of Information” refers to the Client’s transfer or sending of a message or information from his/her Account to any other Account irrespective of the format and under any form, whether verbal, written or otherwise.
The use of the singular or plural, masculine or feminine shall be of no consequence for the sense and meaning given to each of the terms defined in this article.
Article 2. Acceptance of the General Terms and Conditions by the Client
By creating a Client Account, the Client accepts these General Terms and Conditions.
Any partial acceptance, acceptance subject to reservations or limitations, of these General Terms and Conditions shall be considered null and void.
The official address of the Client, regardless of whether it is situated in Ireland, in another EU Member State or in a third country, shall in no way affect the acceptance and application of these General Terms and Conditions without limits or reservations
Article 3. Scope and amendment of the General Terms and Conditions
These General Terms and Conditions shall apply in full to all Uses of the App, as well as to all the Services provided via the said App.
JOT reserves the right to amend the present General Terms and Conditions as well as any policy or guideline of the App, in whole or in part, at all times and at its sole discretion in order to comply with any laws or guidelines to which it is subject or for other specified valid reason.
JOT undertakes to provide notice of any changes of these General Terms and Conditions by posting the revised General Terms and Conditions and changing the “Last Revised” date at the top of the General Terms and Conditions.
Any changes or modifications will be effective immediately upon posting the revised version to the App.
These changes will apply immediately to all the current and subsequent Uses of the App.
The Client is therefore requested to consult the General Terms and Conditions regularly and insofar as possible prior to each Use of the App and waives any right to receive specific notice of changes or modifications of the General Terms and Conditions.
The Client’s continued Use of the App will be deemed as acceptance of changes or modifications of the General Terms and Conditions.
If the Client disagrees with the changes or modifications of the General Terms and Conditions, he/she may stop using the App and close his/her Client Account at any time, in accordance with Article 21 of these General Terms and Conditions.
Article 4. Description of Services
JOT is an online App that provides assistance to the Client and permits the Client, through proprietary voice and speech recognition technology, to record, save, store, share and process voice messages and their text transcriptions, with other Clients, via a messaging system internal to the App.
Once the Client has recorded a voice message, it is captured and streamed via an encrypted data channel within the Card created by the Client. Access to Cards may be shared amongst Clients upon invitation.
The App is controlled by the Client’s voice and provides voice-based correction services.
Information concerning the messages recorded, saved, stored, shared and processed between Clients are not collected by the App unless the Client confirms that the voice recording technology did not perform the action requested. In such cases, the collection of this information shall only be used to improve the speech recognition process and the understanding of the natural language and in accordance with the JOT Privacy Policy, available here.
The Content is stored in a database and will be encrypted, and travels straight from Client’s device to the database. It is available only to other members of the same Card, unless explicitly shared with JOT for improving the product.
The natural language of the App is English.
Article 5. Internet access
The Client is aware and accepts that the Use of the App requires an Internet connection.
The Client is also aware and accepts that the quality of the Services and the user experience on the App depends directly on his/her Internet connection, for which he/she is solely responsible.
Article 6. Proper functioning and accessibility of the App
JOT undertakes to check regularly that the App functions properly and is duly accessible and secure.
In this respect, JOT reserves the right to interrupt access to the App temporarily for maintenance purposes. In such cases, an information message will be posted on the App with the estimation duration of interruption.
Article 7. Eligibility and statement from the Client
By Using the App, the Client represents and warrants that he has not previously been suspended or removed from the App.
The Client represents and warrants that he will not use the App if the laws of his/her country prohibit him/her from doing so.
The Client undertakes to comply with the laws and regulations in force for the Use of the App and not to affect the rights of third parties nor the public order.
The Client also undertakes not to Use the App for purposes other than those for which said App was designed.
Article 9. Registration and Client Account
In order to Use the Services, the Client must beforehand create a Client Account in accordance with the guidelines laid down on the App.
The creation process of a Client Account implies to follow a registration process during which the Client has to provide some mandatory information which includes a username and a photo, which are stored by JOT in accordance with the JOT Privacy Policy, available here.
The Client Account is created with the use of a third-party service called Auth0.
Upon successful completion of the registration process, JOT establishes a Client Account for the sole benefit of the Client.
Article 10. Nature of the relation between JOT and the Client
JOT is an independent contractor for all purposes and not the Client’s agent, employee or trustee.
Article 11. Accuracy of the information provided by the Client
The Client acknowledges and agrees that JOT is not responsible for any errors, typing errors or omissions of any kind that he/she may have made in Using the App.
JOT declines any liability in case the Client provides incorrect information, if the information is not properly captured on the App or if information or messages are sent to the wrong recipient.
Information will be sent to whatever recipient is provided by the Client.
Thus, JOT strongly encourages its Client to review carefully the details of the information provided when Using the App.
Article 12. Privacy Policy
The Client’s privacy is a fundamental concern of JOT.
Any personal data collected on the App will be processed as described in the Privacy Policy (www.jot.ai/privacy). JOT only shares the Client’s data with third parties per the Privacy Policy. By accepting these General Terms and Conditions per Article 2, the Client acknowledges and understands that JOT maintains verification levels that may require Client’s participation.
The Client accepts that he/she may not be able to achieve a desired level of verification, and JOT reserves the right to determine, at its sole discretion, the appropriate verification level for any Client, as well as the right to reduce Client’s access without prior notice.
Article 13. Confidentiality of the transmission of information over the Internet
The Client is aware and accepts the fact that any transmission of Data or information, and communications by e-mail, performed on the Internet or other publicly accessible networks is not perfectly foolproof, and is subject to possible loss, interception, or alteration while in transit.
Accordingly, JOT declines any liability, without limitation, for any damage the Client may experience or suffer, including but not limited to transmissions involving the App or e-mail with Service Support containing Client’s personal information.
While JOT will take reasonable efforts to safeguard the privacy of the information provided by the Client, in no event will the information provided to JOT be deemed to be confidential, create any fiduciary obligations for JOT, or result in any liability for JOT in the event that such information is negligently released by JOT or accessed by third parties without JOT's consent.
Article 14. Limited license and intellectual property
JOT grants its Clients a limited, nonexclusive and nontransferable license, subject to these General Terms and Conditions in order to Use the Services.
The Client may also access the Content, but solely for informational, transactional, or other approved purposes as permitted by JOT from time to time. Any other Use of the Services or Content, including for any unlawful use, is expressly prohibited.
The Client will not use (or assist others in using) the Services in ways that: (a) violate, misappropriate, or infringe the rights of JOT, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by JOT.
All the rights and intellectual property rights in relation with the App or its Content are reserved by JOT and its licensors.
Any disassembling, decompilation, decrypting, extracting, re-using, copying or in general all acts of reproduction, representation, dissemination and use of any part of the Service and/or its Content, in whole or in part, without prior, written consent of JOT, are strictly prohibited and may be subject to prosecution.
Client’s permission to Use the App may also be terminated in case of any violation of the provision lay down by these General Terms and Conditions or by the law.
“JOT.ai”, “JOTAPP.com”, “JOT”, and all logos related to the Services or displayed on the App are either trademarks or registered marks of JOT or its licensor.
Client may not copy, imitate or use them without prior, written consent of JOT.
Article 15. App fees
Access to the App and to the Services are free of charge, but the App may charge fees for additional Services.
Article 16. Third Party Content
JOT and its Client may provide Third Party Content.
JOT does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness.
The Client acknowledges that JOT is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content available on the App.
The Client also acknowledges that his/her use of such Third Party Content is at his/her own risk. His/her business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the Client and the concerned Third Parties.
JOT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the App.
Article 17. Client conduct and obligations
In addition to the other obligations laid down by these General Terms and Conditions and in connection with the Client Use of the Services, the Client will not violate or assist any third-party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which he/she is or is required to be a member through his/her Use of the Services.
The Client also undertakes not to:
infringe upon JOT’s or any third party’s copyright, patent, trademark, or intellectual property rights;
distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
reverse engineering or disassemble any aspect of the App or Services in an effort to access any source code, underlying ideas, concepts or algorithms;
take any action that imposes an unreasonable or disproportionately large load of data on JOT’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, Client Data, or information;
transmit or upload any material to the App that contains any kind of viruses, such as, but not limited to, Trojan horses, worms, or any other harmful or deleterious programs;
attempt to gain unauthorized access to the App, to other Accounts, computer systems or networks connected to the App, through password mining or any other means; or transfer any rights granted under these General Terms and Conditions.
Article 18. Transferability
The Client is aware and acknowledges that his/her Client Account and the Services provided to him/her are not transferable under any circumstance and shall be used only by the Client himself/herself.
Nevertheless, JOT has the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these General Terms and Conditions shall continue to be in force and effect for the benefit of the successors and assigns of JOT, provided that it does not reduce the level of service or guarantees provided by these General Terms and Conditions.
Article 19. Electronic trading terms
JOT makes neither representation nor warrants that any Transfer of Information will be executed properly.
JOT is under no circumstances liable for any loss or injury of any kind suffered by a failure of a Transfer of Information.
Further, JOT is in no way responsible for notifying the Client of a Transfer of Information failure.
The Client is fully responsible to determine and inquire into the failure of any Transfer of Information.
In the event that the Client receives any data, information or software other than that which he/she is entitled to receive pursuant to these General Terms and Conditions, he/she will immediately notify the Service Support and will not use, in any way whatsoever, such data, information or software.
Article 20. Permanent withdrawal of Services
JOT may:
(a) suspend or terminate the Client access to the Services, and
(b) deactivate and/or cancel the Client Account as required by a valid subpoena or court order, or if JOT reasonably suspects the Client of using his/her Client Account in furtherance of illegal activity or in violation of any provision laid down by these General Terms and Conditions.
In the event that a technical problem causes system outage or Client Account errors, JOT may temporarily suspend access to the Client Account and/or the App until the problem is resolved.
Article 21. Deletion of Client Account upon request from the Client
In case of request from the Client to delete his/her Client Account, JOT undertakes to delete it and erase all the information and Client Data related to the Client Account without undue delay and in any event within one month of receipt of the request, without prejudice to the other provisions laid down by these General Terms and Conditions.
The erasure of Client Data may be subject to limitation and Client Data may be retained by JOT for a certain period of time as required by law or for JOT legitimate limited business purposes, such as to resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud or enforce these General Terms and Conditions or any other policy available on the App.
However, if the Client closes his/her Client Account, any of his/her personally identifiable Data will not be used by JOT for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement authorities or as required by law.
Article 22. Transfer of Information via ArtemX
The laws concerning any notice or notifications received by the Client, its voice messages or text transcriptions, as well as the sharing of such information and messages, may vary depending on the Client’s location.
When the Client Transfers Information through the App, the Client acknowledges and agrees that he/she is solely responsible to obtain any required consents in accordance with the applicable law.
Although JOT provides certain features that restrict access to the Client’s Content, the Client acknowledges and agrees that JOT does not guarantee that such Content will never be accessible by other persons.
JOT does not act as an intermediary or marketplace between Users.
Article 23. Indemnification
The Client agrees to indemnify, defend and hold harmless JOT, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees, and representatives from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to
Client’s breach of these General Terms and Conditions,
Client’s Use of Services, or
Client’s violation of any law, rule, regulation or any rights of any third party, under Irish law.
Article 24. Disclaimer of warranties
JOT provides no guarantee regarding the performance and/or the uninterrupted availability of the Services.
The Services are provided on an "as is," "as available" basis without warranties of any kind, either express or implied.
JOT disclaims all warranties, express or implied, to the extent permissible by law including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Services.
JOT does not warrant that the Services and the information contained therein are perfectly accurate, complete, reliable, current or error free.
JOT will make reasonable efforts to ensure that Transfers of Information via the App are processed in a timely fashion but makes no representation or warranty with respect to the amount of time needed to process them.
JOT makes no representations or warranties regarding the success, accuracy of, or the amount of time needed for Transfers of Information.
Article 25. Limitation of liability
To the maximum extent permitted by law, JOT shall not be liable for any damages of any kind (including without limitation: indirect, special, incidental, consequential, tort damages, or lost profits) in connection with the Client’s Use of the Services, even if JOT has been advised or is aware of the possibility of such damages.
Article 26. Interpretation, applicable law, prior attempt at amicable settlement and competent court
These General Terms and Conditions and any other documents or notices posted on and/or available on the App have been/will be drafted in the English language.
Although translations in other languages of any of the aforementioned documents may be available, such translations may not be up to date or complete.
Accordingly, the Client agrees that in the event of any conflict between the English language version of the document available on the App and any other translations thereto, the English language version of such document shall prevail.
These General Terms and Conditions, their interpretation, implementation or execution as well as any relationships of any type and potential disputes between JOT and its Client resulting from the Use of the App shall be governed solely and exclusively by Irish law.
Any disagreement, difference in interpretation or interest and/or any litigation whatsoever between JOT and its Client resulting from the Use of the App must first be subjected to an attempt at an amicable solution by mutual negotiation between the parties, this does not affect the statutory rights of the Client.
Without prejudice to the preceding paragraph, any disputes between JOT and its Client arising from the interpretation, implementation or execution of these General Terms and Conditions as well as any other litigation of any type whatsoever shall be exclusively settled by the courts of Ireland.
Article 27. Survival
Articles 16 (Third Party Content), 31 (Support Service), 23 (Indemnification), 24 (Disclaimer of warranties), 25 (Limitation on Liability), 26 (Interpretation, applicable law, prior attempt at amicable settlement and competent court), 27 (Survival), 28 (Severability clause), and 30 (Force Majeure) will survive any termination or expiration of these General Terms and Conditions as well as in case of deletion of the Client Account for any reason whatsoever.
Article 28. Severability clause
If any provision of these General Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Article 29. Integration
The failure of JOT to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions and any policies or operating rules posted by JOT and available on the App constitute the entire agreement and understanding between JOT and its Client and govern the Client’s Use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between JOT and its Client (including, but not limited to, any prior versions of these General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against JOT.
Article 30. Force majeure
In addition to applicable disclaimers stated above, JOT 's performance under these General Terms and Conditions shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
Article 31. Support Service
In case of questions and/or for specific support, the Client must check (www.jot.ai) before contacting the App Support Service.
In order to contact the Support Service, the Client must send an e-mail to the following email address “[email protected]” and set out all relevant information concerning the difficulties he/she is experiencing, including his/her JOT username.
JOT’s Support Service undertakes to respond to every e-mail as soon as possible, depending on the complexity of the request/issue.
The Client acknowledges that any Feedback is non-confidential and will become the sole property of JOT.
JOT will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without prior acknowledgment from or compensation given to the Client.
Any communication sent to the Support Service by the Client as well as any answer provided by the Support Service may be retained in the records of the Client Account.