Terms of Use
1. General
Joy.so (“Joy”, “we”, “us”, “our”) provides services that assist businesses and individuals in managing collaborative tasks, enhancing productivity, and fostering team communication through the Joy.so platform (the “Platform”) and associated website (the “Website”).
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Who is Bound by this Agreement
This Agreement is applicable to all individuals and entities utilizing our Services, including “Merchants” (businesses or individuals who implement loyalty reward programs using our Services under a specific Subscription Plan) and “Customers” (individuals who utilize our Services to track and redeem their loyalty points with one or more Merchants). The term “Users” refers to all end users of our Services, including employees, representatives, contractors, consultants, or agents acting on behalf of a Merchant, as well as Customers or any other individuals using the Services.
“You” and “your” refer to the individual accessing the Services or the legal entity you represent if acting on behalf of an organization. If you are an individual using the Services personally, as a Merchant (including sole proprietors), or as a Customer, you are considered a User. If you are accessing the Services on behalf of a company or other legal entity, you confirm that you have the authority to bind the entity to this Agreement. You are responsible for ensuring that all individuals accessing the Services on your behalf comply with the terms outlined in this Agreement. For Merchants, this includes any User associated with your account (“Account”).
Even if you access the Services through a third-party platform integrated with Joy.so, this Agreement will still apply to your usage of the Services.
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Acceptance
These terms of use, along with any applicable Subscription Plan and other referenced documents or additional terms (“Agreement”), constitute a binding legal agreement between you and Joy.so. This Agreement governs your access to and use of the Services provided by Joy.so.
By accessing or using the Services, you agree to adhere to and be bound by this Agreement. If you do not agree to the terms outlined here, you are prohibited from accessing or using the Services.
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Updates to this Agreement
We retain the right to modify this Agreement at any time, at our sole discretion, by publishing an updated version on our Website. Changes will take effect immediately upon being posted and will govern your continued access and usage of the Services. Your ongoing use of the Services constitutes acceptance of any revised terms.
If you previously accessed the Services under an earlier version of this Agreement or any other agreement predating the publication of these updated terms, you agree that those prior agreements are terminated and superseded by this Agreement. This Agreement will govern your use of the Services going forward.
2. The Services
- Subscription Plans
Apart from Services available for free, access to Joy’s Services requires a subscription through a selected subscription plan (“Plan”). Provided you adhere to this Agreement and complete the payment of applicable fees, Joy grants you the right to access and utilize the Services during the subscription period (“Subscription Term”) outlined in your chosen Plan, as well as any free Services we specifically offer. - Informational Purposes Only
Joy provides digital tools and resources to assist merchants in designing and managing loyalty rewards programs. These tools, materials, and any accompanying information are intended solely for informational use. They are not guaranteed to be accurate, comprehensive, or current and do not constitute legal, financial, or professional advice. You are solely responsible for determining the structure, strategies, and implementation of your loyalty program. It is also your duty to ensure compliance with relevant laws governing loyalty programs in your jurisdiction. - User Account Management
To access and utilize Joy’s Platform, users must register and create an account by submitting specific details, which may include your name, email address, username, and password (“Account Credentials”). You are responsible for keeping your Account Credentials confidential and must not share them with others or use another user’s credentials. Any activity occurring under your account, whether authorized by you or not, remains your responsibility. If you suspect unauthorized access or misuse of your account, notify us promptly. Additionally, it is your obligation to ensure all account information is accurate, complete, and up to date. - Service Usage Restrictions
Joy’s Services may come with usage limitations and constraints, which may include restrictions on geographic access, the number of allowable users, or the volume of usage (collectively, “Usage Limits”). These restrictions may be outlined in your subscription plan or communicated through the Services. You are responsible for ensuring your usage adheres to these limits. Joy reserves the right to modify, impose, or remove Usage Limits with prior notice. - Required Equipment
To use Joy’s Services, you are responsible for procuring and maintaining all necessary telecommunications, internet access, hardware, software, and other required equipment. - Service Modifications
Joy retains the exclusive right to adjust any aspect of the Services at its discretion, at any time, and for any reason. This may include adding, removing, or altering features, functionalities, or entire Services. Such modifications may be implemented without prior notification or liability to you.
3. Fees
- Subscription Fees
You are required to pay all fees specified in your chosen subscription plan (“Subscription Fees”). These fees are non-refundable and non-cancellable, regardless of whether the services are used. Fees are determined by the plan selected and are not contingent on actual usage unless otherwise indicated. No refunds will be issued for unused services, including in cases where we terminate or alter the services for any reason. - Taxes
All Subscription Fees, charges, and other amounts owed to Joy under this Agreement exclude any applicable taxes, including sales, value-added, excise, or other taxes and duties (“Taxes”). The responsibility to pay these Taxes lies solely with you, even if they are not explicitly mentioned in your subscription plan. You agree to promptly reimburse Joy for any Taxes we may be required to pay on your behalf unless you can provide valid documentation proving that such Taxes are not applicable to you. - Excess Usage Fees
We reserve the right, though not the obligation, to monitor your use of the services. If your usage exceeds the limits set forth in your plan, additional charges may apply based on our prevailing rates for overages. - Payment Terms
Unless explicitly outlined in your subscription plan or a separate agreement, all Subscription Fees must be paid in advance before the start of the subscription term. Payments must be made in the currency specified in your plan or agreement without deductions or offsets. While we may provide third-party payment options, we are not responsible for the performance or reliability of these third-party services or their providers.
4. Content and License
- Conservices provided by Joy.so contain various materials and data, such as text, images, videos, audio, and documents, either owned by or licensed to Joy.so and its partners (“Joy Content”). These materialstent
The are protected under copyright, trademark, patent, trade secret, and other applicable intellectual property laws. All rights, whether registered or unregistered, belong to Joy.so, including but not limited to any global protections related to copyrights, patents, trademarks, trade secrets, or similar rights in connection with Joy Content and the services. - Ownership and License
The services you access through your selected subscription plan are made available for a limited subscription period and are not sold to you. You are granted a non-transferable, limited right to use Joy.so’s software only for its intended purpose on your website. Any rights not explicitly granted in this agreement remain with Joy.so. You are prohibited from copying, altering, publishing, distributing, performing, or selling any Joy Content without prior written approval. Additionally, modifying or disabling any part of the services or their functionality is not allowed. - Joy Trademarks
As part of your subscription, you may be authorized to use Joy.so’s trademarks (“Joy Marks”) to indicate your use of Joy.so’s services. Any such use must comply with Joy.so’s provided guidelines. All goodwill resulting from the use of Joy Marks will automatically accrue to Joy.so. We reserve the right to inspect your usage of the Joy Marks and the related services or goods to ensure compliance with this agreement. - Restrictions
You, or anyone using the services on your behalf, are strictly prohibited from:
(i) sublicensing, selling, or sharing the services or Joy Content;
(ii) creating derivative works from the services or Joy Content;
(iii) reverse engineering or attempting to discover the underlying code or structure of the services;
(iv) using the services to develop competing products;
(v) using the services to provide third-party services;
(vi) removing or altering any copyright or proprietary notices;
(vii) violating any local or international laws;
(viii) introducing harmful software like viruses or malware through the services;
(ix) disrupting the operation or security of the platform, website, or services; or
(x) interfering with other users’ enjoyment of the platform or services. - Feedback
If you or your users provide Joy.so with feedback, suggestions, or comments regarding the services, you grant Joy.so a worldwide, perpetual, and royalty-free license to use, modify, and integrate such input into its offerings. You also waive all moral rights to this feedback and agree to secure similar waivers from your users and customers.
5. User Content and Merchant Data
Users retain ownership of the content they upload to the Platform but grant Joy a license to use, host, and display this content for service delivery purposes.
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User Content
Through the Joy.so platform, users can create, submit, publish, and utilize text, images, photos, videos, audio files, and documents (“User Content”). You are solely responsible for all content you provide and the outcomes of sharing it via the platform. We do not verify the quality, legality, or accuracy of User Content. While we may review, filter, or remove User Content at our discretion, we are under no obligation to do so. Joy.so is not liable for any loss or damage arising directly or indirectly from User Content, including violations of intellectual property rights or applicable laws.
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Responsibility to Obtain Consents
You are responsible for securing all necessary permissions, licenses, and waivers to use and submit User Content through the platform. For merchants, this includes acquiring legal rights, consents, and authorizations from customers or third parties to allow the collection, use, and sharing of data (“Merchant Data”) as required under applicable laws. By using Joy.so, you confirm that you have fulfilled these obligations and grant us the permissions necessary to operate the platform and provide related services.
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Ownership and License
You retain ownership of all User Content you upload. However, by submitting content, you grant Joy.so a perpetual, worldwide, royalty-free, non-exclusive license to use, host, modify, display, distribute, and adapt this content in connection with the operation and enhancement of our services. This includes processing content to create reports, test internal systems, or improve the platform. Users and customers are also granted limited rights to access User Content via the services, subject to your preferences. We may store backup copies of deleted content for operational purposes but will not display or distribute it further.
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Representations and Warranties
You affirm that you own or have obtained the required licenses, consents, and permissions to share and use your User Content on Joy.so. You also guarantee that uploading this content will not infringe on the rights of any third party. No additional payments or royalties are owed to third parties as a result of Joy.so’s use of the content you provide.
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Prohibited Content
Users are prohibited from submitting any content that:
- Contains explicit or gratuitous violence.
- Incites hatred, discrimination, or harm against individuals or groups.
- Encourages illegal activities, drug use, or harmful behaviors.
- Harasses, bullies, or targets others in a predatory manner.
- Includes spam, false information, or content promoting criminal actions.
- Violates privacy, intellectual property, or contractual rights.
Joy.so reserves the right to investigate and take appropriate action against violations, including removing content, suspending accounts, or reporting incidents to legal authorities.
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Content Preservation and Disclosure
Joy.so may retain, disclose, or store User Content and Merchant Data when required by law or deemed necessary to:
- Comply with legal processes.
- Enforce this Agreement.
- Respond to claims of rights violations.
- Protect the safety and property of users, Joy.so, and the public.
6. Anonymized Merchant Data
As a Merchant using the Joy.so Shopify loyalty program app, you provide us with a global, perpetual, non-revocable, royalty-free, and fully paid-up license to anonymize and aggregate data derived from your User Content and Merchant Data, as well as any usage of the Services (“Anonymized Aggregated Data”). This data will be processed in a way that ensures it cannot be traced back to you, your users, customers, employees, or any other identifiable individual.
You acknowledge and agree that Joy.so: (i) retains complete ownership of the Anonymized Aggregated Data; (ii) holds the right to develop derivative works and extract insights from this data; (iii) may utilize the Anonymized Aggregated Data to enhance, update, and refine the Services, as well as for other operational purposes; and (iv) reserves the right to share, disclose, sell, or publish Anonymized Aggregated Data with any third party using any chosen method.
7. Compliance with Laws
1. Adherence to Laws
By using the Joy.so app, you confirm and guarantee that your use of the Services complies with all applicable laws and regulations. It is your sole responsibility to evaluate whether the Services align with your legal obligations. Joy will not be held liable if the Services fail to meet your legal requirements.
2. Privacy, Data Protection, and Anti-Spam Regulations
As a merchant, your compliance with applicable laws includes adhering to privacy, data protection, and anti-spam regulations. You represent and warrant the following to Joy:
- You will prominently display, maintain, and follow a publicly accessible privacy policy on your digital platforms where user data is collected. This policy must comply with all relevant privacy and data protection regulations.
- You will acquire and retain all necessary permissions and valid consents required to lawfully transfer data to Joy and allow it to be collected, processed, and used for delivering the Services or as otherwise directed by you.
- You will provide all required notifications and obtain all necessary user consents under applicable data protection laws to enable Joy to use cookies and similar tracking technologies (such as web beacons or pixels) to lawfully collect data from user devices, in line with Joy’s privacy policy.
- You will not use the Joy app to send unsolicited emails or other electronic messages without the explicit consent of the recipient. In some cases, compliance with anti-spam laws may require disabling certain features, such as email notifications.
- You authorize Joy to respond to data subject access requests (e.g., under GDPR) it receives on your behalf or redirect such requests to you so that you can address them appropriately.
8. Security
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Security Measures
Joy.so takes the security of User Content, including personal data, seriously. We implement reasonable technical and organizational measures to safeguard your information, considering the costs, nature, and scope of processing. However, by using the services, you acknowledge that data transmission over networks not owned or controlled by us, such as the internet, poses inherent risks. Joy.so is not responsible for data loss, alteration, interception, or unauthorized storage occurring over such networks. While we strive to maintain high security standards, we cannot guarantee that our security measures or those of third-party providers will be completely fail-safe or immune to breaches.
Our services are delivered through data center facilities, accessed remotely over the internet, with offline components as required. From time to time, we may rely on third-party service providers for limited parts of our operations, such as data storage and processing, and you agree to this subcontracting arrangement.
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Reporting Security Vulnerabilities
Joy.so is dedicated to upholding service security and values collaboration with the security community to address vulnerabilities. If you discover a potential security issue, notify us immediately at [email protected], providing detailed information about the issue’s nature and scope. We will acknowledge your report within 24 hours and work promptly to resolve any verified vulnerabilities.
We treat all security reports confidentially, protecting the reporter’s identity and ensuring no retaliatory action against good-faith vulnerability disclosures.
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Responding to Security Breaches
Should you detect a security breach, such as unauthorized access or data disclosure, you must inform us promptly. If you are a merchant, Joy.so will notify you without undue delay if we become aware of any unauthorized access, loss, or disclosure of personal information under your control. You are required to assist us in responding to such incidents as needed.
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Maintenance and Service Interruptions
Access to Joy.so services may occasionally be restricted to enable maintenance, repairs, or the rollout of new features. While we strive to minimize disruptions, unforeseen technical issues may occur without prior notice. Joy.so is not liable for delays or service interruptions caused by factors beyond our control.
9. Third-Party Services
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Integration with Third-Party Services
The Joy.so platform includes features designed to integrate with third-party applications, software, or services (“Third-Party Services”). Accessing or purchasing these integrations may be necessary to use certain features.
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Responsibility and Liability
Using Third-Party Services through Joy.so is at your discretion and risk. Joy.so is not responsible for the actions, omissions, or functionality of third-party providers. We neither own nor endorse such services and do not guarantee their availability or compatibility. If a third-party provider discontinues its services or integration with Joy.so, we are not liable for any resulting disruptions or loss.
While we may review and monitor third-party integrations, you are responsible for ensuring compliance with their respective terms of use and privacy policies. We advise thoroughly reviewing these documents to understand how third-party services handle your data.
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Data Sharing with Third-Party Providers
By using Third-Party Services, you grant Joy.so permission to share relevant Merchant Data and User Content with these providers as necessary for their operation. You also authorize these third parties to access and process your data as required. Joy.so is not liable for any misuse, modification, or deletion of data by third-party providers.
10. Disclaimer of Warranties
You acknowledge and agree that your use of Joy.so services is at your own risk. The services are provided “as is” and “as available” without any warranties, representations, or guarantees of any kind, whether express, implied, or statutory. Joy.so disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of trade usage or course of dealing.
Joy.so does not guarantee that the services will meet your requirements, function without interruption, or operate error-free. Additionally, we cannot ensure compatibility with other software, systems, or third-party services. While we strive to provide secure, accurate, and reliable services, we make no guarantees regarding the security, completeness, or freedom from harmful components within the platform. Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless Joy.so, its affiliates, and their respective directors, officers, employees, and agents from any claims, damages, or liabilities arising from:
- Your use of the services, including any data or content you upload or transmit.
- Any alleged breach of this agreement.
- Violations of applicable laws or regulations, including data privacy laws.
- Claims by your customers or users related to loyalty programs managed via the Joy.so platform.
Joy.so reserves the right to control any matter subject to indemnification by you, and you agree to cooperate as reasonably requested in the defense of any such claim.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Joy.so and its affiliates shall not be held liable for:
- Loss of profits, revenue, or business opportunities.
- Loss, corruption, or recovery of data.
- Indirect, incidental, or consequential damages, including business interruptions or costs of substitute services.
- Damages resulting from third-party services or unauthorized access to your account.
In no event shall Joy.so’s aggregate liability under this agreement exceed the greater of $100 USD or the total fees you paid for the services in the three months preceding the event giving rise to the claim.
These limitations apply regardless of the legal theory, even if Joy.so has been advised of potential damages, and regardless of any failure of essential purpose of any remedy.
13. Term and Termination
- Term
This agreement remains effective from the date you first use Joy.so services and continues until terminated by either party.
- Termination Rights
Joy.so reserves the right to suspend or terminate your access to the services if you violate this agreement, applicable laws, or fail to pay fees. You may terminate your subscription in accordance with the terms of your selected plan.
- Effect of Termination
Upon termination, your access to the services will be revoked. Joy.so may delete your data, content, and account information after a defined retention period. You are responsible for exporting your data before termination, if applicable.
- Data Retrieval
If you are a merchant, you may request to retrieve your customer data (e.g., loyalty program details) within 48 hours of termination. After this period, Joy.so reserves the right to delete your data permanently.
14. General
- Force Majeure
Joy.so is not responsible for delays or failure to perform due to events beyond its control, including natural disasters, labor strikes, cyberattacks, or governmental actions.
- Entire Agreement
This agreement constitutes the entire understanding between you and Joy.so, superseding any prior agreements.
- Assignment
You may not transfer this agreement or any rights or obligations without Joy.so’s prior written consent. Joy.so may assign its rights or obligations without restriction.
- Governing Law and Jurisdiction
This agreement is governed by the laws of [Insert Jurisdiction]. Any disputes arising from or relating to this agreement shall be resolved exclusively in the courts of [Insert Location].
- Severability
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver
Failure to enforce any provision of this agreement shall not constitute a waiver of that provision or any other provisions.
- Contact Information
For questions or concerns regarding this agreement, please contact us at [email protected].