The mobile applications, websites, and related services (collectively, the “Services”) are provided to you by Jota ("Jota", "we", "us" or "our"), a limited company incorporated under the laws of England and Wales with registered address at 35 Luke St, London EC2A 4LH, UK. The Jota Services are provided in accordance with the contents of these Terms of Service (the “Terms”) and in accordance with the Jota Privacy Policy (the “Privacy Policy”).

Jota is a service for preparing, recording, editing, and sharing of fitness activities via an online platform. In order to safely and responsibly manage these Services for all of our users, your use of the Services is subject to the terms and conditions defined here below. More information about the Services may be found at https://www.jota-app.com/.

By accessing and using the Services you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Services. If you do not agree to the these terms, do not access or use the Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity to these Terms and that it is fully binding. In such case, the term “you” will refer to such entity. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Jota Services require data about you to be processed, including your contact information. Processing of the data you share with Jota is essential to the Services which we provide and a necessary part of the performance of our Services.

You agree that no joint venture or partnership exists between you and Jota as a result of the Terms or your use of the Services. The failure of Jota to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. In the event that any dispute cannot be settled, then court or arbitration proceedings shall be held in England, UK. This agreement was written in English, and this English version controls over any translation.

Jota may transfer its rights under these Terms where it reasonably believes that your rights will not be affected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

You may not transfer any of your rights under these Terms to any other person.

Registration and Security

To register or sign up to create an account with Jota, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that Jota may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Jota has reasonable grounds to suspect that such User Data is inaccurate or not current, Jota has the right to suspend or terminate your account and refuse current or future use of the Services.ƒ

You may register for or log-in to your account via a third-party network, such as Facebook or Google. In doing so you hereby authorise Jota to populate registration and other relevant information fields of your account, and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Jota Services store and process personal data that you have provided to us, in order to provide the Service. It is the responsibility of the User to keep your devices and access to the Services secure. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and any mobile devices while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavor to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party unauthorised “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Jota of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Data and any other information or content you provide to Jota.

User Accounts and Users Conduct

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, or privately transmitted. You grant Jota a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You understand that you, and not Jota, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Jota does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Jota may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms, or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Jota be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Jota is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. Your Content will not be subject to any obligation of confidence on the part of Jota other than as set forth in our Privacy Policy and Jota will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you agree that this Content is is publicly available and that you are responsible for the public nature of the content.

Please review our Privacy Policy for more information on how to manage your privacy controls.

You give Jota permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Jota service without compensation to you.

The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the Services;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, User Accounts or networks of any other party;
Avoiding payment of charges or fees payable by you with respect to the Services;
Committing any act that may be harmful to minors;
Distributing, or disclosing any part of the Services in any medium;
Using any automated system to access or overload the Services;
Collecting or harvesting any information relating to an identifiable individual from the Services;
Using the Services for any inappropriate commercial solicitation purposes;
Submitting to the Services or to Jota any illegal information or Content;
Bypassing the measures we may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any Content;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services;
Copying, framing or mirroring any part of the Services; or
Permitting any third party to access the Services;

The Services function as a venue to connect Users in a virtual information place. As a neutral facilitator, Jota is not directly involved in the actual interactions between Users of the Services. As a result, Jota has no control over the truth, accuracy, quality, legality, or safety of postings made by Users of the Services. Jota shall have no responsibility to confirm or verify the identity of Users, or the qualifications, background, or abilities of Users of the Services.

If you elect to use our features to inform your contacts about the Services or share your information with others, Jota may require you to provide contact information. Jota may contact that person or company via an email, text message, or notification via a mobile application.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., wearable devices, such as heart-rate monitors). Jota shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device.

You represent and warrant that: (i) you are authorised to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

The Services may provide you with the ability to send or post messages to forums or send similar messages and communications to third party service providers, advertisers, your personal contacts, other users and/or Jota. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Jota provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).

By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and shall satisfy any legal requirement that such communications be in writing.

Third Parties

Third party services made available on the Services are made and offered directly by the applicable third party, and by using these services you acknowledge that you are contracting directly with such third party and not with Jota.

You are not obligated to use or transact business with any third party that appears on the Services. You agree that Jota shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.

Jota or third parties may provide links to other internet sites or resources through the Services. Jota does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

The term ‘Jota’ and the Jota logo are the exclusive trademarks of, and are owned by, Jota Ltd., and you may not use or display such trademarks in any manner without the written permission of Jota. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Disclaimer of Warranties and Liability

The Information, Software, Products, Services and Content available through the Services are provided to you “as is” and without warranty.

Jota and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Jota and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the Service will meet your requirements; (b) your Content will be available or the Service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any Products, Services, Information or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Services will be corrected.

Termination

You agree that Jota may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) prevention of further use of the Services.

You agree that all terminations for cause shall be made in Jota’s sole discretion and that Jota shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: User Content submitted to the Services, Proprietary Rights, any feedback provided, and Disclaimer of Warranties and Liability.

Support and Questions

To raise any questions regarding the Services and these Terms, please contact us at info@jota-app.com