1. Introduction
These Terms and Conditions ("Terms") govern your use of the Size Chart and Guide by Jotly application ("the App"), provided by Jotly ("Jotly", "we", "us"). By installing or using the App, you agree to these Terms. If you do not agree to them, please do not install or use the App.
These Terms apply together with our Privacy Policy, which explains how data is handled in connection with the App. Together they form the agreement between you and Jotly.
2. Use of the App
2.1 Permitted Use
We grant you a limited, non-exclusive, non-transferable licence to use the App to create and display size charts and size guides on Shopify stores that you own or are authorized to manage, within the features of your current plan.
2.2 Your Responsibilities
You are responsible for the content you publish through the App, including the accuracy of size information shown to your customers and its compliance with the laws that apply to your store, such as consumer protection rules.
You are also responsible for activity under your account and for keeping access to it secure. If you suspect unauthorized access to your account, please let us know promptly at support@jotly.live. We are not responsible for loss caused by a failure to keep your account secure.
3. Your Content
You keep ownership of the content you create, upload or publish through the App, including size charts, size guides and images ("Merchant Content"). We do not claim ownership of it.
We do not review or verify Merchant Content and are not responsible for its accuracy, legality or completeness, or for any loss arising from its use by your customers.
By publishing content through the App, you confirm that you have the rights needed to do so and that it does not infringe anyone else's rights or break any law.
4. Acceptable Use
When using the App, you agree not to:
- copy, reproduce, resell, sublicense or redistribute the App or any part of it, or use it to build a competing product;
- attempt to extract the App's source code or underlying logic, except to the extent the law expressly permits this;
- interfere with, disrupt or attempt to gain unauthorized access to the App, our servers or other systems;
- do anything described in Section 4A;
- use the App on a development store or with development tools, as described in Section 4B; or
- abuse, harass or threaten Jotly staff, including in support conversations.
If you breach this section, we may suspend or end your access to the App as described in Section 5.
4B. Development Stores and Client Work
Development stores and development tools are not allowed on Jotly. You may not install or use the App on a Shopify development store, or use development tools to build, test or demo stores with it.
If you are working for a client, please reach out to us at support@jotly.live before installing the App, and we will help you set it up the right way for your client's store.
5. Suspension and Termination
We may suspend, restrict or end a store's access to the App if we reasonably determine that it has breached these Terms, or where this is necessary to prevent harm or abuse to the App, other merchants or Jotly. Where practical we will let you know first, but where quick action is needed we may act without notice.
You can stop using the App at any time by uninstalling it from your Shopify store.
When access ends for any reason, the licence in Section 2.1 ends too. Sections that by their nature should continue to apply, including those on intellectual property, limitation of liability, indemnification and governing law, continue to apply after access ends.
5a. Your Data After Uninstalling
Personal data. In line with Shopify's privacy requirements for apps, we delete personal data associated with your store within 48 hours of the App being uninstalled, except where we need to keep it by law. See Shopify's privacy requirements for apps and our Privacy Policy for details.
Store content. Size charts, size guides, settings and other non-personal content created in the App ("Store Content") may be deleted after the App is uninstalled. We do not guarantee that Store Content will be kept for any period, or that it can be restored if you reinstall the App. Whether it remains available is decided by Jotly.
Please export anything you want to keep before uninstalling. To the extent permitted by law, we are not responsible for the loss of Store Content after the App has been uninstalled.
6. Refunds
Refunds, including for partial or unused subscription periods, are entirely at our discretion.
To request a refund, either cancel your subscription or uninstall the App. You cannot request a refund while your subscription is still active. Then email support@jotly.live within 7 days of cancelling. We review each request individually and will reply within a reasonable time.
Once a refund has been processed, your subscription is cancelled automatically, even if you have not cancelled it yourself.
Please be kind and respectful to our team. We do not issue refunds to merchants who are rude or abusive.
We do not issue refunds where access was restricted or ended because of a breach of these Terms.
7. Limitation of Liability
To the extent permitted by law, Jotly is not liable for any indirect, incidental, special or consequential loss arising from your use of the App, including loss of revenue, data, goodwill or business interruption.
To the extent permitted by law, our total liability for all claims relating to these Terms or the App is limited to the greater of (a) the fees you paid to Jotly for the App in the three months before the event giving rise to the claim, and (b) USD 100.
8. Indemnification
You agree to indemnify Jotly against claims, losses and reasonable costs (including reasonable legal fees) that arise from:
- your breach of these Terms;
- content you publish through the App, including any claim that it infringes someone else's rights; or
- your breach of any law that applies to you.
We will let you know about any such claim and you agree to cooperate with us in dealing with it. This section continues to apply after you stop using the App.
9. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top shows when they last changed. For material changes, we will make reasonable efforts to tell you in advance through the App or by email.
By continuing to use the App after a change takes effect, you accept the updated Terms. If you do not agree with a change, you can uninstall the App.
10. Intellectual Property
The App, including its code, design, functionality and trademarks, belongs to Jotly. These Terms do not transfer any ownership or intellectual property rights to you. All rights not expressly granted in these Terms are reserved by Jotly.
11. Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles. The courts of India have exclusive jurisdiction over any dispute arising from or relating to these Terms or the App, and you agree to submit to that jurisdiction.
12. General
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Jotly about the App and replace any earlier understanding. Marketing material, the App Store listing and support messages do not form part of this agreement.
Severability. If a court finds any part of these Terms unenforceable, that part will be limited to the minimum extent necessary and the rest of the Terms will continue to apply.
No waiver. If we do not enforce a provision on one occasion, we can still enforce it later.
Relationship. These Terms do not create a partnership, joint venture, employment or agency relationship between you and Jotly.
13. Contact
For questions about these Terms, contact us at support@jotly.live.