Terms of service
Terms of Service
Last Updated: July 2, 2026
- INTRODUCTION. Just Holdings, Inc. and its affiliates, including JustClaims, LLC (“Just,” “Company,” “we,” “us,” or “our”) provides customers (“Customer,” “you,” or “your”) access to Company’s software which includes an AI-powered insurance policy extraction and summarization tool and other functionality (the “Software”) made accessible through the Internet (the “Platform”). These Terms of Service (these “Terms” or “Agreement”) apply to your access to and use of the Software and Platform (collectively, the “Service”). The Terms of Service will provide you with the basic rules for using our Service and you agree to be bound by these terms as stated below.
- ACCEPTANCE OF AGREEMENT.
- THIS IS A BINDING AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE “ACCEPT” BUTTON OR BY OTHERWISE CONTINUING TO USE THE SERVICE, YOU AGREE TO BECOME A PARTY TO AND TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CLICK ON “ACCEPT” AND DO NOT ACCESS OR OTHERWISE USE THE SERVICE. SELECTING “ACCEPT” OR CONTINUING TO USE THE SERVICE WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS IN ORDER TO BE ABLE TO ACCESS AND USE THE SERVICE. SECTION 25 OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND JUST ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 25 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND JUST TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. PLEASE SEE SECTION 25 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
- This Agreement is entered into as of the date that you accept these Terms (“Effective Date”).
- Company reserves the right to change or modify these Terms or the Service at any time and in its sole discretion. If Just make changes to these Terms or the Service, we will provide you with notice of such changes through the Service, will make such updated version of the Software available on the Platform, or by updating the “Last Updated” date at the beginning of these Terms, as applicable. Such modification or change will be effective upon posting to the Platform, delivery of notice, or update to these Terms available on the Platform. By continuing to access or use the Service after receiving notice of the changes, you confirm your acceptance of the revised Terms or the revised Service, as applicable, and all of the terms incorporated therein by reference. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply to your access or use of the Service. If you do not agree to the revised Terms or the updated Service, you may cease use of the Service.
- You agree that by using the Service, you are over the age of 18 (eighteen) years old (or the age of majority in your jurisdiction) and that you have the legal capacity to enter into these Terms. If you are accessing or using the Service on behalf of another individual, company, organization, or other legal entity, you represent and warrant that you have authority to bind that individual or entity to these Terms. In that case, “Customer,” “you,” and “your” refer to that individual or entity. If you do not have such authority and are accessing the Service on behalf of such entity, or if you do not agree to these Terms, you may not access or use the Service.
- PRIVACY POLICY . Please review our Privacy Policy located at https://justclaims.ai/privacy-policy/ and incorporated into this Agreement by reference. By using the Service, you are consenting to the collection, use, and sharing of your Personal Data as set out in our Privacy Policy.
- BETA PROGRAM ACKNOWLEDGMENT. Just may make available to you certain services or features that are identified as alpha, beta, preview, early access, evaluation, or other identifiers with similar meanings (each a “Beta Service”). Beta Services may be generally available or may be made available by invite only. By accessing any such Beta Service, you expressly acknowledge and agree that:
- you may choose to access or use Beta Services in your sole discretion;
- Beta Services may not be supported and may be changed at any time without notice;
- Beta Services may not be as reliable or available as the Services; and
- Beta Services have not been subjected to the same testing, auditing, or quality assurance measures to which the Service has been subjected.
- BETA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT ANY WARRANTY OF ANY KIND. ANY DATA DERIVED FROM USE OF BETA SERVICES MAY BE PERMANENTLY LOST UPON TERMINATION OF THE BETA SERVICES FOR ANY REASON. JUST WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES. YOU AGREE THAT ANY USE OF BETA SERVICE IS AT YOUR OWN RISK. Notwithstanding the foregoing, all AI Technology Disclaimers in Section 11 and disclaimers in Section 19 apply to Beta Services.
- As a user of Beta Services, you may get access to special information that isn’t available to the public. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret. You agree that any non-public Beta Services information we give you, such as information about a private Beta Services, will be considered Confidential Information of Just. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Service, and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information (as defined below). You promise not to disclose, publish, or disseminate any Confidential Information to any third party (including Output), unless we don’t otherwise prohibit or restrict such disclosure.
- DEFINITIONS
- “Intellectual Property Rights” means copyright, trademark, trade secret, and all other intellectual and proprietary rights.
- “Output” means the data, information or content generated from User Content uploaded into, or otherwise shared with, the Platform and processed by the Software. Output includes, but is not limited to, structured policy extractions, summaries, coverage limit tables, deductible schedules, named insured identifications, policy period details, schedules of locations, endorsement summaries, and any other data, text, or analysis generated by the Service by the processing of User Content.
- “Usage Data” means data, analytics, statistics and other information pertaining to or resulting from Customer’s use of the Service, including, but not limited to, the number of policies processed, tasks completed, and frequency of log-ins.
- “User” means a user of the Service who accepts these Terms to use the Service.
- “User Content” means any communications, images, sounds, and all the material, data, and information that is uploaded or transmitted through the Software, your account, or the Service, including but not limited to any insurance documents you upload, IP addresses, account information, and your personal information.
- NO INSURANCE ADVICE. JUST AND THE SERVICE, INCLUDING ANY SUMMARY DOCUMENTS PROVIDED BY JUST TO YOU, ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A LICENSED INSURANCE PROFESSIONAL. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO SEEK THE ADVICE OF A LICENSED INSURANCE PROFESSIONAL OR OTHER QUALIFIED PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR INSURANCE COVERAGE. ANY OUTPUT GENERATED FROM THE SERVICE IS GENERATED USING ARTIFICIAL INTELLIGENCE AND AUTOMATED EXTRACTION TECHNOLOGIES AND, ACCORDINGLY, IS INTENDED SOLELY FOR INFORMATIONAL AND REFERENCE PURPOSES. OUTPUT DOES NOT CONSTITUTE AN INSURANCE PRODUCT, INSURANCE ADVICE, OR RECOMMENDATIONS REGARDING THE SELECTION, PURCHASE, RENEWAL, OR NEGOTIATION OF ANY INSURANCE POLICY OR COVERAGE.
- ACCOUNT. Users may be required by Just to input certain information and upload certain documents in order to use the Service and generate Output. You represent and warrant that (i) any information you submit is truthful and accurate, and (ii) you will maintain the accuracy of such information and promptly update such information to keep it accurate, current, and complete. Among other things, we will use your provided information to (a) deliver Output to you via email, and/or (b) if applicable, to create an account for you on the Platform where Output can be accessed in Just’s discretion. In the event of account creation, we will provide you with the option (via your email address) to access the Service and the relevant Output in a logged in state. You are solely responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- SERVICE LICENSE. Subject to all of the terms and conditions herein, Just grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service using a web browser solely for your own internal business purposes in connection with insurance policy review and analysis. You agree not to use the Service for any other purpose. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Service, including but not limited to payment of all third-party fees associated therewith. The term of your license shall commence on the Effective Date and shall end upon your or Just’s termination of this agreement as detailed in Section 21.
- USER OBLIGATIONS. Customer agrees not to: (a) Use the Service in violation of any applicable law, rule, or regulation; (b) Upload User Content that infringes any third-party Intellectual Property Rights or violates any confidentiality or contractual obligations; (c) Impersonate another person or misrepresent your affiliation; (d) Upload materials for which you do not have authorization or consent to provide to Just; (e) Use the Service to provide Output to any third party in connection with live insurance claims, proofs of loss, or disputes with insurers; (f) Rely on Output for coverage determinations without independent professional review; or (g) Access the Service in order to build a similar or competitive product or service. Users acknowledge and agree that they are responsible and liable for ensuring they are authorized to upload the materials they provide to Just or to the Service.
- RESTRICTIONS
- The Software and Service are the proprietary and valuable property of Just or its third-party service providers, as applicable. You acknowledge that the Software and Service (and their respective structures, organization, and source code) constitute valuable trade secrets of Just or its third-party service providers, as applicable. Accordingly, you must not: (a) copy, modify, adapt, alter, translate, port or create derivative works of the Software, Service or other Just materials; (b) permit third parties to use the Software or Service using your login credentials; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer the Software or Service; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for or any other proprietary information or trade secrets from the Software or Service; (e) remove, alter, or obscure any proprietary notices (including, without limitation, any copyright and trademark notices) of Just or its licensors and suppliers from the Software or Service; (f) disseminate performance-related information relating to the Software or Service; or (g) otherwise use, reproduce, display or copy the Software or Service.
- You shall be exclusively responsible for the supervision, management, and control of your use of the Software. You will not access, search, scrape, or harvest the Service by any automated means (including bots, crawlers, spiders), or use the Service to create, train, or improve any machine learning or artificial intelligence (“AI”) models without our prior written consent. You will not copy, use, or analyze the information, content, or data on or made available via the Platform (including Output) to develop, train, or improve any artificial intelligence models, machine learning algorithms, or competitive products or services. By accessing or using the Service, you represent and warrant that you have not been previously suspended or removed from the Service or engaged in any activity that could result in suspension or removal from the Service.
- AI TECHNOLOGY DISCLAIMERS. By using the Service, Customer acknowledges and accepts the following: (a) The AI technologies used in connection with the Service may result in incorrect, unreliable, or incomplete Output; (b) Output may contain hallucinated or fabricated content, including incorrect limits, deductibles, coverage terms, policy interpretations, incorrect third-party information or materials, or other mistakes; (c) Any Output pertaining to insurance, legal, financial, public adjusting, or other professional matters is for informational purposes only and is not a substitute for advice from a qualified professional or your own judgment regarding your insurance coverages; (d) The Service is designed to extract and structure information and not to adjudicate coverage for Customer’s needs; (e) The Service does not guarantee complete endorsement capture or comprehensive policy analysis; (f) Output may not be unique, and other users may generate similar Output; (g) Customer will use discretion and its own sound judgment before relying on, publishing, or otherwise using any Output; (h) The Service is not an insurance product and does not constitute, facilitate, or replace insurance brokerage, agency, or advisory services; (i) The Service does not provide any advice, guidance, or recommendations regarding the selection, purchase, renewal, or negotiation of any insurance policy, coverage, or related product; and (j) Any decisions regarding insurance policy selection, purchase, modification, or negotiation must be made solely by the Customer in consultation with a licensed insurance professional.
- OWNERSHIP; RESERVATION OF RIGHTS. You agree that Just shall own and retain all right, title, and interest to the Software and to the Service, to enhancements, improvements, and derivatives, and to all Intellectual Property Rights related thereto. Except as expressly licensed to you herein, Just on its behalf and on behalf of its licensors reserves all right, title and interest in the Software, the Service, the Usage Data, and all associated copyrights, trademarks, and other Intellectual Property Rights therein. These licenses are limited to the Intellectual Property Rights of Just and its licensors in the Software and the Service and does not include any rights to other patents or Intellectual Property Rights. Notwithstanding anything to the contrary herein, all rights not specifically granted in the licenses set forth above shall be reserved and remain always with Just.
- COPYRIGHTS.
- All title and copyrights in and to the Software and the Service are owned by Just or its licensors. The Software and the Service are protected by copyright laws and international treaty provisions. Therefore, when using the Software and Service, you agree to obey the law and to respect the Intellectual Property Rights of others. Your use of the Software and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights.
- Company respects the intellectual property of others and asks that users of the Service do the same. If you believe that any content on the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) by providing Company’s designated Copyright Agent with the following information in writing: (i) your physical or electronic signature; (ii) identification of the copyrighted work(s) you claim have been infringed; (iii) identification of the material on the Service that you claim is infringing and that you request us to remove; (iv) sufficient information to permit us to locate such material; (v) your address, telephone number, and email address; (vi) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or under the law; and (vii) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Company’s designated Copyright Agent can be reached at legal@just.holdings.
- USER CONTENT. Customer is solely responsible for any and all User Content that Customer transmits to the Platform, including copies of insurance policies. Customer represents and warrants that all User Content is not false, misleading, or inaccurate. For avoidance of doubt, As between the parties, Company does not claim ownership of User Content, and any rights in and to User Content are retained by Customer. Customer hereby grants to Company a non-exclusive, royalty-free, perpetual, worldwide, fully sublicensable license to use, copy, store, reproduce, modify, distribute, adapt, publish, transfer, create derivative works from, and display all User Content for the purpose of providing the Service, including pursuant to the uses contemplated in Section 15 below. You agree that you have all right, title, interest, and consent in User Content necessary to allow Just to use User Content for the purposes for which you provide User Content to Just.
- CONSENT TO USE OF USAGE DATA. Without limiting our rights under the Privacy Policy, you agree that, in compliance with applicable laws, our Privacy Policy, and these Terms, Company may: (a) during and after the Term, use Usage Data to develop, improve, support, secure, market, and operate the Service, including through the use of artificial intelligence models; and (b) improve the Service through training artificial intelligence models with User Content data. Usage Data may be shared with third‑party providers as necessary to prevent fraud and provide support, consistent with our Privacy Policy. For more information about the use of your information, including your Personal Data, please visit our Privacy Policy: https://justclaims.ai/privacy-policy/.
- CONFIDENTIALITY.
- “Confidential Information” means any non-public information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. The Software and Service shall be deemed to be Just’s Confidential Information.
- The Receiving Party agrees (i) to use the same degree of care as it uses to protect its own confidential information, but not less than reasonable care; (ii) not to disclose or use any Confidential Information for any purpose outside the scope of these Terms; and (iii) to limit access to Confidential Information to its employees, contractors, and agents who have a need to know and that are subject to confidentiality obligations at least as restrictive as those contained herein.
- Confidential Information does not include information that (i) is or becomes publicly known without breach of any obligation; (ii) was known to the Receiving Party before disclosure; (iii) is received from a third party without breach of any obligation; or (iv) was independently developed by the Receiving Party without use of the Confidential Information of the Disclosing Party.
- The Receiving Party may disclose Confidential Information if required by law or regulation, provided it gives prompt notice to the Disclosing Party (unless prohibited by law) and cooperates in seeking confidential treatment.
- USER COMMUNICATION.
- Just reserves the right to send service e-mails notifying you of operational or other changes that may affect or change the Software or Service. Please note that you cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of the Software. YOU HEREBY GRANT US PERMISSION TO SEND YOU ALL SERVICE EMAILS AS DESCRIBED ABOVE.
- The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing. The foregoing does not affect your non-waivable rights.
- INDEMNIFICATION. You hereby agree to indemnify, defend, and hold harmless Just and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (1) Your access to or use of the Platform, including any Output; (2) User Content you provide through the Platform; or (3) Your breach of any representation, warranty, or other provision of these Terms. Just will provide you with notice of any such claim or allegation, and Just will have the right to participate in the defense of any such claim at its expense.
- WARRANTY DISCLAIMER. THE SOFTWARE, SERVICE, AND ANY OUTPUT GENERATED BY THE SERVICE ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICE, THE OUTPUT, OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FOREGOING INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICE IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. COMPANY MAKES NO WARRANTY THAT OUTPUT IS ACCURATE, COMPLETE, OR FIT FOR ANY OPERATIONAL OR CLAIMS USE.
- LIMITATIONS ON LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EXCEPT FOR YOUR VIOLATION OF JUST’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE SOFTWARE, PLATFORM OR SERVICE, OUTPUT GENERATED FROM THE USE OF THE SERVICE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN ANY CASE, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM THESE TERMS OR THE PROVISION OF THE SERVICE SHALL NOT EXCEED U.S. $1,000.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT JUST WOULD NOT ENTER INTO THESE TERMS WITH YOU WITHOUT THESE LIMITATIONS ON ITS LIABILITY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND IN SUCH STATES, JUST’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- TERMINATION. Just may terminate this Agreement and the license granted herein without notice in its sole discretion upon the occurrence of any of the following: (i) Your breach of any of the terms contained herein; or (ii) You attempt to use, copy, license, or convey the Software in any manner contrary to the terms of these Terms or in derogation of Just’s Intellectual Property Rights therein. You can also terminate this Agreement by sending us a notice to such effect. Immediately upon termination of this Agreement, whether or not you receive notice of such termination, the license shall be immediately and automatically terminated and you shall not have any further rights to use the Service. Upon a termination, you shall immediately discontinue all use of the Service. All rights and remedies conferred herein shall be cumulative and in addition to all of the rights and remedies available to each party at law, equity or otherwise. Without limiting Just’s right to terminate this Agreement, Just may also suspend your access to the Service (including User Content), with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement by you or applicable law or upon any other conduct deemed by Just to be inappropriate or detrimental to Just, the Service, or any other Just product, customer, or user.
- EFFECT OF TERMINATION; DATA RETENTION. Upon written request by Customer within thirty (30) days following expiration or termination of this Agreement, Company will make available to Customer all Customer’s User Content that is then-capable of being exported from the Service and then-stored in Customer’s account, in a format that Company generally makes available. After such thirty (30) day period, Company will have no further obligation to retain any User Content and Customer consents to deletion by Company, except that Company may retain: (i) relevant information for financial reporting, compliance, or other legal purposes; (ii) Usage Data and any information derived from User Content used to train or improve its models; and (iii) as otherwise allowed under the Privacy Policy. Any User Content retained by Company will continue to be protected by applicable terms of these Terms.
- NOT AN INSURANCE PRODUCT; NO INSURANCE OR LEGAL ADVICE. THE SERVICE IS NOT AN INSURANCE PRODUCT.
- You acknowledge and agree that the Service does not constitute insurance, an insurance policy, an insurance brokerage service, or an insurance agency service. Just is not an insurance company, insurance broker, insurance agent, or insurance consultant, and is not licensed as such in any jurisdiction. The Company does not engage in the sale, solicitation, or negotiation of insurance policies. Any and all decisions regarding insurance policy selection, purchase, modification, renewal, or negotiation must be made solely by the Customer in consultation with appropriately licensed insurance professionals.
- Company is neither a lawyer nor a public adjuster, and it is not licensed as such. Company does not provide advice or services as a lawyer or public adjuster, and nothing in the Service is a substitute for legal or public adjusting advice. JustClaims, LLC, a subsidiary of Just Holdings, Inc., operates as a licensed public adjusting firm, and such services are separate and distinct from and not offered through the Service.
- Customer acknowledges that the Service is provided by Just Holdings, Inc., the parent company of JustClaims, LLC, a licensed public adjusting firm. The Service may be used by Just Holdings, Inc. for marketing and lead generation purposes related to JustClaims, LLC’s public adjusting services. Customer’s use of the Service does not create any obligation to engage JustClaims, LLC or any other service provider, and Customer is free to select any licensed professional of Customer’s choosing. Likewise, Customer’s use of the Service does not obligate JustClaims, LLC to provide other services to you.
- GOVERNING LAW. This Agreement will be governed by and interpreted in accordance with the law of the State of Colorado without reference to its choice of law rules. This agreement shall be deemed to be performed in Denver, Colorado. Both parties irrevocably submit to the exclusive jurisdiction of the state or federal courts located in Denver, Colorado, for enforcement of any arbitral award or for any intermediate equitable relief, and both parties waive any right to object to the exclusive jurisdiction or venue of the courts of Denver, Colorado. In the event of any action being filed to enforce an arbitral award, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. YOU EXPRESSLY AGREE THAT ANY DISPUTE WITH JUST IS PERSONAL TO YOU, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL COURT PROCEEDING. NEITHER PARTY AGREES TO CLASS ACTION OR PROCEEDING WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. NEITHER PARTY AGREES THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION ON BEHALF OF ANY OTHER PERSON OR PERSONS. THE PARTIES AGREE THAT A DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL COURT PROCEEDING AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
- DISPUTE RESOLUTION.
- PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ENFORCEABILITY OF THIS AGREEMENT IS GOVERNED BOTH PROCEDURALLY AND SUBSTANTIVELY BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-9 (“FAA”), TO THE MAXIMUM EXTENT PERMITTED BY LAW. You agree that any dispute, controversy, or claim arising out of or in any way relating to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration.
- Arbitration Procedures. Before commencing arbitration you must first present any claim, controversy, or dispute to us in writing to allow us the opportunity to resolve the claim, controversy, or dispute through discussion between the parties. If the claim or dispute is not resolved within 60 days, you may request arbitration by serving a completed Commercial Demand for Arbitration Form on us and the American Arbitration Association (“AAA“). You can contact the AAA at 800-778-7879 or www.adr.org. The arbitration shall be conducted by the AAA in accordance with its Commercial Arbitration Rules, and, when deemed appropriate by the arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes, except as expressly set forth in these Terms. There shall be one arbitrator who will be a licensed attorney or a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes. The arbitrator shall be chosen by written mutual agreement of the parties. If, after 7 days, you and we are unable to agree upon an arbitrator, the AAA will appoint the arbitrator. The arbitrator shall apply the substantive law of the state of Colorado, without giving effect to its conflict of law provisions. All face-to-face proceedings shall take place in the State of Colorado. Arbitration is final and binding. In making any award, the arbitrator will be restricted by the “Limitation On Liability” provision in these Terms and will not have jurisdiction to make an award to any party to the arbitration contrary to the “Limitations on Liability” provision. You expressly agree that the rulings of the arbitrator, including any award, shall be binding, non-reviewable and non-appealable. The party requesting arbitration must pay the applicable AAA filing fee. Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys’ fees. You agree that if Just reasonably believes you have, in any manner, violated or threatened to infringe Just’s Intellectual Property Rights, then Just may seek emergency, preliminary or other appropriate interim relief in the state or federal courts located in Denver, Colorado. THE PARTIES EXPRESSLY AGREE THAT THERE SHALL BE NO JURY TRIAL OR RIGHT TO A JURY TRIAL, OR RIGHT TO ANY OTHER PROCEEDING TO RESOLVE ANY DISPUTE IN ANY COURT. THE PARTIES ALSO EXPRESSLY AGREE THAT ANY DISPUTE IS PERSONAL TO THEM, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. NEITHER PARTY AGREES TO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. NEITHER PARTY AGREES THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER PERSON OR PERSONS. THE PARTIES AGREE THAT A DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
- RELEASE AND WAIVER. You hereby release and forever discharge Company (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any third-party links or services).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- ASSIGNMENT. You shall not assign or otherwise transfer your rights or obligations under this Agreement to a third party. Company may freely transfer or assign its rights under this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
- SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The remaining provisions of these Terms will continue in full force and effect.
- FORCE MAJEURE. Neither party shall be liable for any delay or nonperformance due to acts of God, natural casualties, war, terrorism, material shortages, transportation and communications delays, energy shortages and disruptions, trade embargoes, governmental regulations, strikes, civil unrest and/or other causes beyond the reasonable control of a party (a “Force Majeure Event”). If a Force Majeure Event occurs, the party whose performance is affected shall give the other party written notice within fifteen (15) days of such occurrence, detailing the circumstances of the Force Majeure Event and an estimate of the anticipated delay in performance. The party whose performance is affected will use commercially reasonable efforts to develop a mutually acceptable work around plan in an attempt to minimize the impact of the Force Majeure Event. Performance shall be promptly resumed upon termination of the Force Majeure Event.
- ENTIRE AGREEMENT. These Terms constitute the entire agreement between the parties with respect to the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
- LEGAL RELATIONSHIP. You hereby acknowledge and agree that you and Just are independent contractors and that you are free to choose whether to participate or not to participate in the Service and, if you choose to participate, to determine your scope and frequency of participation, and that you can modify any of the foregoing in your sole discretion. You further acknowledge that Just does not and shall not monitor, direct, or participate in your participation or scope and frequency of participation in the Service and that you are free to participate in other endeavors and services without restriction. You hereby further acknowledge and agree that you shall not pursuant to these Terms be, and shall not be considered, an agent or an employee of Just and that neither Just nor you shall have the right or authority at any time to make any contract or binding promise of any nature on behalf of the other party or to hold itself out as such.
- ELIGIBILITY. The Software and the Service are not intended for users under the age of 18. If you are a minor under the age of 18, you may not use the Software or the Service. Just does not knowingly collect personally identifiable information from users under the age of 13. Children under age 13 should not send any information about themselves to Just. If a child under age 13 submits information through any part of the Service, and Just becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
- FEEDBACK. Customer may submit comments, suggestions, ideas, or other feedback related to the Service (“Feedback”). Customer hereby grants Company a perpetual and irrevocable license to use and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. Any Feedback provided by Customer is “AS IS” and Company will not attribute Feedback to Customer.
- THIRD PARTY SITES. Customer may use the Service in conjunction with third-party products, services, or platforms. Customer acknowledges that (a) use of third-party services is subject to separate terms, and (b) Company is not responsible for any issues arising from Customer’s use of third-party services.
- DATA SECURITY. Company will implement and maintain reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of User Content and any Personal Data processed, stored, collected, or transmitted by the Service. You acknowledge and agree that no method of transmission over the Internet or method of electronic storage is completely secure, and Company cannot guarantee absolute security or that User Content will not be exposed in the event of a breach.
- NOTICES. All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Just at the following contact: legal@just.holdings. Any notices to you may be made via either e-mail or postal mail to the address in Just’s records or via posting on the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.