Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 19, LIMITATIONS ON OUR LIABILITY IN SECTIONS 16 AND 17, AND TERMS FOR FREE TRIALS AND AUTOMATIC RENEWAL IN SECTION 8. THEY AFFECT YOUR LEGAL RIGHTS. BY CREATING AN ACCOUNT, TAPPING AN ACCEPT BUTTON, OR USING JARLY, YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE JARLY.

1. WHO WE ARE AND WHAT THESE TERMS COVER

1.1 These Terms and Conditions ("Terms") are an agreement between you and [COMPANY NAME], a [STATE] [ENTITY TYPE] with its address at [MAILING ADDRESS] ("Jarly", "we", "us" and "our"). They govern your access to and use of the Jarly mobile apps for iPhone and Android, the Jarly web app at app.jarly.app, the Jarly website at jarly.app, and any related features, content, notifications and emails (together, the "Service"). The Service does not include third-party services that you reach through it.

1.2 These Terms include our Privacy Policy, which explains what data we collect and how we handle it, and any additional terms we show you for a particular feature. If an additional term conflicts with these Terms for that feature, the additional term applies to that feature.

1.3 You accept these Terms when you create an account and confirm that you agree, when you accept updated Terms in the app, or when you otherwise use the Service, whichever comes first. We keep a record of when you accepted, which version you accepted and a fingerprint of its exact text.

2. WHAT JARLY IS, AND WHAT IT IS NOT

2.1 Jarly is a personal and household budgeting tool. It lets you create budgets made of jars, savings goals, a Funday and intention cards, record entries against them across periods, see what is left, share a budget with other people, and receive reminders and alerts.

2.2 Jarly records and calculates what you enter. It does not connect to your bank, credit card or other financial accounts, does not see your real balances, and does not verify any amount you record.

2.3 Jarly is not a bank, broker, lender, payment processor, money transmitter, financial institution, investment adviser, tax preparer, accountant, credit counselor or debt-management service. We do not hold, transfer, invest or lend your money. A jar, savings goal or Funday is a record inside the Service. It is not an account, deposit or store of value, and it is not insured or guaranteed by anyone.

2.4 The Service is provided for your personal, non-commercial use, and for the personal use of the household or other people you choose to share a budget with. You may not use it for a business, or to provide services to others.

3. ELIGIBILITY AND YOUR ACCOUNT

3.1 You must be at least 18 years old and able to form a binding contract to use the Service. By creating an account, you confirm that you are 18 or older. If you are not, you must not create an account or use the Service, and we may delete any account we believe belongs to someone under 18.

3.2 You must not use the Service if you are barred from doing so under the laws that apply to you, or if we have previously suspended or ended your account for a reason that still applies.

3.3 You agree to give accurate and complete information when you create your account, including your name and a working email address, and to keep it up to date.

3.4 You are responsible for keeping your password and sign-in methods secure, for everything that happens under your account, and for any device that is signed in to it. Tell us promptly at support@jarly.app if you think someone else has used your account. We are not liable for any loss that results from your failure to keep your credentials secure, or from someone you have given access to your account or device.

3.5 You may have one account. You may not sell, transfer or share your account with someone else, except by letting people you invite into a budget use their own accounts.

4. YOUR DATA AND PRIVACY

4.1 Our Privacy Policy describes the data we collect, how we use and share it, how long we keep it and how you can delete it. By using the Service you acknowledge that you have read it. Nothing in these Terms limits the rights the Privacy Policy gives you.

4.2 You can delete your account at any time from Profile, Delete account. Deleting an account is permanent. It deletes every budget you own, with its jars, goals, entries and members' access, for everyone who shares it, so tell the people you share with first. We cannot restore a deleted account or budget.

4.3 We use reasonable measures to protect your data, but no system is perfectly secure and we do not promise that data will never be lost, corrupted, disclosed or unavailable. You are responsible for keeping your own records of anything that matters to you, such as receipts, statements and your actual balances.

4.4 You are responsible for the data you enter. Do not enter anything you do not have the right to enter, and do not enter sensitive identifiers you do not need to, such as full account numbers, card numbers, passwords or government ID numbers.

5. SHARED BUDGETS

5.1 You can invite other people to a budget by email. Everyone who joins a budget can see everything in it, including its jars, goals, Funday, cards, entries, who recorded each entry, period history and the names on members' profiles, and can add entries as themselves. Notes and checklists on a jar stay private to the person who wrote them.

5.2 The budget's owner can change its settings, invite and remove members, and delete the budget. A member can leave a budget at any time. If a member leaves or is removed, they lose access, and the entries they recorded stay in the budget with their name taken off them.

5.3 If an owner deletes their account or a budget, the budget and everything in it is deleted for every member. We are not responsible for any loss that follows from an owner's decision to delete a budget or remove a member, and we do not mediate disagreements between the people who share a budget.

5.4 Only invite people you know and have the right to share the budget with. You are responsible for what you choose to share and with whom, for the accuracy of what you enter, and for the people you invite. We are not responsible for what other members do with information they can see, including copying, sharing or misusing it.

5.5 You may not use invitations to send unsolicited messages. A budget may have a limited number of invitations waiting at once, and invitations expire.

6. YOUR CONTENT

6.1 "Your Content" means the budgets, jars, goals, entries, notes, names and other material you submit to the Service. You keep whatever rights you have in Your Content.

6.2 You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display and back up Your Content, and to create anonymous, aggregated data from it that cannot reasonably identify you, solely to run, secure, support and improve the Service and as the Privacy Policy describes. This licence lasts as long as Your Content is in the Service, and ends when it is deleted, except for copies that we must keep to comply with the law or that remain in routine backups until they expire.

6.3 You promise that you have the right to submit Your Content and to give this licence, and that Your Content does not violate the law or anyone else's rights.

7. ACCEPTABLE USE

7.2 We may investigate and take action against any use that we believe breaks these Terms, including removing content, limiting features, suspending or ending accounts, and reporting to the authorities. We are not required to monitor the Service or Your Content, and we do not promise to find every violation.

8. SUBSCRIPTIONS, FREE TRIAL AND PAYMENT

8.1 Paid access. Some or all of the Service requires a paid subscription. When we offer one, we will show you its price, billing period, trial terms and renewal terms before you subscribe. As of the Effective Date of these Terms, the plan we offer is a free trial of 7 days, followed by a subscription of US$1.99 per month, plus any applicable taxes. Prices and plans can change as described below.

8.2 Free trial. A free trial lets you use the paid Service without charge for the trial period. Unless you cancel before the trial ends, your subscription starts automatically when the trial ends and you will be charged the subscription price. A free trial is available once per person, and we may refuse or end a trial if we believe it is being abused, including by creating more than one account. We may change or end trial offers at any time.

8.3 Automatic renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO YOUR BILLING PERIOD (FOR EXAMPLE, MONTHLY), AND YOUR PAYMENT METHOD IS CHARGED AT THE START OF EACH PERIOD, UNTIL YOU CANCEL. By subscribing, you authorize us, or the app store or payment provider that bills you, to charge your payment method on a recurring basis at the then-current price.

8.4 Who bills you. If you subscribe through the Apple App Store or Google Play, that store processes your payment, and its terms and policies govern billing, receipts, cancellation, refunds and payment disputes. If we later offer another way to pay, we will tell you at checkout who processes your payment and which terms apply. We do not receive or store your full payment card details.

8.5 Cancelling. You can cancel at any time. To avoid being charged for the next period, cancel before the current period (or free trial) ends. If you subscribed through an app store, cancel in that store's subscription settings, because deleting the app or your Jarly account does not cancel a store subscription. If you pay in another way, we will tell you how to cancel, and we will provide an online way to cancel that is at least as easy as the way you subscribed. After you cancel, you keep access to the paid Service until the end of the period you have already paid for.

8.6 Refunds. Except where the law requires otherwise, or an app store's policy gives you a right to a refund, payments are non-refundable, and we do not refund partial periods or unused time. If you subscribed through an app store, refund requests are handled by that store under its policies. Nothing in this section limits any refund or cancellation right that the law gives you and that cannot be waived.

8.7 Price and plan changes. We may change prices, billing periods and plans. We will give you notice of a price change before it applies to you, by email or in the app, and, where the law or an app store requires it, we will ask for your consent. If you do not agree to a change, you can cancel before it takes effect. If you keep your subscription after the change takes effect, you agree to the new price.

8.8 Failed payments. If a payment fails, we or the store may try again, and we may suspend or limit access to paid features until payment is made. You remain responsible for any amounts owed.

8.9 Taxes. Prices do not include taxes unless we say so. You are responsible for any taxes, duties and fees that apply to your purchase, other than taxes on our income.

8.10 If the Service later includes any part that is free, we may change, limit or end it at any time, subject to Section 14.

9. NOTIFICATIONS AND COMMUNICATIONS

9.1 By creating an account, you agree that we may send you emails and, if you turn them on, push notifications about your account and the Service. These include sign-in links and codes, invitations, security and account notices, notices about changes to these Terms or the Privacy Policy, reminders and alerts.

9.2 You can turn push and email reminders and alerts on or off in Profile, Notifications, and you can turn off push notifications in your phone's settings. Every reminder email has a link that turns off reminder emails. Sign-in, security, invitation, billing and legal notices are not reminder emails and cannot be turned off while you have an account.

9.3 Reminders and alerts are a convenience. They may be late, repeated, incomplete or not delivered at all, because of your device, settings, network, time zone, an outage, or a failure of a provider we use. Do not rely on them to meet a deadline, pay a bill, avoid a fee or make any financial decision. We are not liable for a notification you did not receive or that arrived late.

9.4 You agree to receive legal notices and other communications from us electronically, and that electronic communications satisfy any legal requirement that they be in writing. You are responsible for keeping your email address up to date. We may also show you notices in the Service.

10. THIRD-PARTY SERVICES AND APP STORES

10.1 The Service depends on, and may link to, services we do not control, including our hosting and database provider, push notification and email providers, exchange-rate data providers, Apple, Google and their app stores, and your phone, network and browser. We are not responsible for them, for their availability, accuracy, security or terms, or for how they treat your data. Your use of them may be subject to their own terms and policies.

10.2 If you get the Jarly app from the Apple App Store, you and we acknowledge that these Terms are between you and us only and not with Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet any applicable warranty, you may tell Apple, and Apple will refund the purchase price, if any, and to the maximum extent the law allows, Apple has no other warranty obligation. Apple is not responsible for addressing your claims or those of anyone else relating to the app or your use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and consumer protection or similar claims, or for claims that the app infringes someone's intellectual property, which we will handle as these Terms provide. You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties. You must follow any third-party terms that apply to you when you use the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you once you accept them. This Section 10.2 is for Apple's benefit, and if Apple's required minimum terms for apps conflict with these Terms, Apple's terms apply to the extent of the conflict.

10.3 If you get the Jarly app from Google Play, you must also follow Google Play's terms of service and policies. Google is not a party to these Terms and has no obligation relating to the app.

10.4 We may use exchange-rate data from third parties to show amounts in a second currency. See Section 13.

11. OUR INTELLECTUAL PROPERTY

11.1 The Service, including its software, design, text, graphics, logos, names (including "Jarly"), jar and punch card illustrations, and other content we provide, and all intellectual property rights in them, belong to us or our licensors and are protected by law. We reserve all rights that we do not expressly give you.

11.2 Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Service for your own personal use. This licence is not a sale of any software or copy.

11.3 You may not use our names, logos or trademarks without our written permission, except to refer to the Service accurately and fairly.

11.4 If you send us ideas, suggestions or feedback about the Service, you give us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without credit or payment to you. Feedback is not confidential, and we have no obligation to use it.

11.5 If you believe something in the Service infringes your intellectual property, please write to us at support@jarly.app with enough detail for us to find it and understand the claim.

12. NO FINANCIAL, TAX OR LEGAL ADVICE

12.1 Jarly is a budgeting tool and nothing more. Nothing in the Service, in our emails or notifications, on our website, or in anything we say, including budgeting methods, jar names, suggestions, summaries, reminders, charts and insights, is financial, investment, tax, accounting, legal or other professional advice, and none of it is a recommendation to take or avoid any action.

12.2 You are solely responsible for your financial decisions and their results. Jarly makes no promise that using it will save you money, improve your finances, help you meet any goal or avoid any fee, penalty, overdraft, debt or loss. Talk to a qualified professional before you make decisions that matter to you.

13. ACCURACY OF INFORMATION

13.1 What Jarly shows is based on what you and the people you share with enter, and on rules in the Service, such as how a period ends and where leftovers go. Amounts, balances, totals, summaries, charts and reminders can be wrong, out of date or incomplete, because of data entered incorrectly, a delay, a software error, a setting such as a time zone or a period's dates, or something else. They are not a substitute for your bank or card statements, which are the authoritative record of your real money.

13.2 If you show a second currency, converted amounts use exchange rates from a third-party source. Rates are provided for general information only, may be delayed, rounded or unavailable, and are not a rate at which you can exchange money. An entry that you log in another currency keeps the rate that applied when you logged it. Actual amounts charged by your bank, card issuer or merchant can differ.

13.3 You should check what Jarly shows against your own records. We are not liable for any decision you make, or any charge, fee, penalty, missed payment or other loss that results from relying on what Jarly shows.

14. CHANGES TO THE SERVICE

14.1 We are always changing the Service. We may add, change, limit, suspend or remove features, content, plans, platforms or the whole Service, at any time, with or without notice, including because of the law or a third party's requirements. We do not promise that any feature will stay or continue to work the same way.

14.2 We may perform maintenance, and the Service may be unavailable or slow at times. We do not promise any level of availability, speed or uptime.

14.3 If we end the Service entirely or end your paid access for reasons other than your breach of these Terms, we will, where the law requires it, refund any prepaid fees for the period after the end date. Apart from that, we are not liable to you or anyone else for any change to, or ending of, the Service.

14.4 We may offer features labelled as beta, preview or early access. They may be incomplete or unreliable and may change or end without notice, and you use them at your own risk.

15. SUSPENSION AND TERMINATION

15.1 You may stop using the Service and delete your account at any time from Profile, Delete account.

15.2 We may suspend, restrict or end your access to the Service, or delete your account, at any time, with or without notice, if we believe you have broken these Terms or the law, that your use creates risk or legal exposure for us or others, that your account has been compromised, that you have been abusing a free trial or invitations, or that we must do so to comply with the law, or if we stop offering the Service. Where reasonably possible and lawful, we will tell you why. If we end your account for any reason other than your breach, we will, where the law requires it, refund any prepaid fees for the period after termination.

15.3 When your account ends, your licence to use the Service ends, and you must stop using it. What happens to your data is described in our Privacy Policy and in Section 4.2. We have no duty to keep or return your data after your account ends, and you are responsible for saving anything you need before then.

15.4 Sections that by their nature should survive, including Sections 4.2, 4.3, 5.3, 6, 7, 8 (for amounts owed), 10, 11, 12, 13, 15.3, 16, 17, 18, 19, 20 and 22, survive any ending of these Terms or your account.

16. DISCLAIMER OF WARRANTIES

16.1 TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE AND EVERYTHING IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE AND OUR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

16.2 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL BE ACCURATE, COMPLETE, RELIABLE OR NEVER LOST, THAT NOTIFICATIONS WILL BE DELIVERED, THAT THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT THE SERVICE OR THE SERVERS THAT PROVIDE IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

16.3 NO ADVICE OR INFORMATION, WRITTEN OR ORAL, THAT YOU GET FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16.4 SOME PLACES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PART OF THIS SECTION MAY NOT APPLY TO YOU. IN THAT CASE, THE WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT THE LAW ALLOWS, AND ANY WARRANTY THAT CANNOT BE EXCLUDED IS LIMITED TO THE SHORTEST PERIOD AND NARROWEST SCOPE THE LAW ALLOWS.

17. LIMITATION OF LIABILITY

17.1 TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE "JARLY PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, DATA, USE OR OPPORTUNITY, ANY LATE FEES, OVERDRAFT FEES, PENALTIES, INTEREST OR MISSED PAYMENTS, OR ANY COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17.2 TO THE FULLEST EXTENT THE LAW ALLOWS, THE TOTAL LIABILITY OF THE JARLY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, AND (B) US$50.

17.3 THE JARLY PARTIES ARE NOT LIABLE FOR THE ACTS, OMISSIONS OR CONTENT OF OTHER USERS, INCLUDING MEMBERS OF A SHARED BUDGET, OR OF ANY THIRD PARTY, OR FOR ANY LOSS CAUSED BY A THIRD-PARTY SERVICE, AN OUTAGE OF A PROVIDER WE USE, OR EVENTS BEYOND OUR REASONABLE CONTROL.

17.4 THE LIMITS IN THIS SECTION APPLY TO ALL CLAIMS OF ANY KIND, ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND REFLECT THE PRICE WE CHARGE. WE WOULD NOT PROVIDE THE SERVICE WITHOUT THEM.

17.5 SOME PLACES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, OR FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, PERSONAL INJURY OR DEATH. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER THE LAW THAT APPLIES TO YOU, AND IN THOSE PLACES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW ALLOWS.

18. INDEMNIFICATION

18.1 To the fullest extent the law allows, you agree to defend, indemnify and hold harmless the Jarly Parties from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, that arise out of or relate to: (a) your use of the Service; (b) Your Content; (c) your breach of these Terms or of any law; (d) your violation of any right of another person, including another member of a shared budget or a person you invited; or (e) a dispute between you and another user.

18.2 We may, at our own expense, take over the defense and control of any matter for which you must indemnify us, and you agree to cooperate. You may not settle any such matter in a way that affects us without our written consent.

18.3 This Section does not apply where the law does not allow it.

19. INFORMAL RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY DECIDE YOUR CLAIM, AND IT REQUIRES YOU TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS ONLY.

19.1 Informal resolution first. Before starting any formal proceeding, you and we each agree to try to resolve any dispute informally. To start, send a written notice that describes the dispute and the relief you want, with your name, the email address on your account and your contact details. Send it to support@jarly.app with the subject "Notice of Dispute", and to [MAILING ADDRESS]. We will send our notice to your account email address. Then we will both work in good faith to resolve the dispute for 60 days. Neither of us may start an arbitration or court case until this period has passed, unless it would run out a time limit that the law imposes.

19.2 Agreement to arbitrate. If the dispute is not resolved within 60 days, you and we agree that any dispute, claim or controversy between you and us, or between you and any Jarly Party, arising out of or relating to these Terms, the Service, your account, or any earlier or later version of these Terms or the Privacy Policy (a "Dispute"), including the scope, validity, enforceability or arbitrability of this Section 19, will be resolved only by binding individual arbitration, except as stated in Section 19.3. This includes Disputes based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and Disputes that arose before you accepted these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section 19. An arbitrator, and not a court, decides any question about whether a Dispute can be arbitrated, except that a court decides any question about the class action waiver in Section 19.6.

19.3 Exceptions. This Section 19 does not require arbitration of: (a) a Dispute that you bring in small claims court that has jurisdiction, as long as it stays an individual action; (b) a claim by either of us for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation or violation of intellectual property rights or unauthorized access to the Service, which may be brought in the courts named in Section 20; (c) a claim that the law says cannot be subject to a pre-dispute arbitration agreement; or (d) a complaint to a government agency, which you may always make.

19.4 How arbitration works. The arbitration will be run by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration starts, as modified by this Section 19. You can find the rules and how to start a case at adr.org. The arbitration will be heard by one neutral arbitrator. It will take place by video or telephone, or in the county where you live, unless you and we agree on somewhere else, and if you and we ask for an in-person hearing, the arbitrator will decide. The arbitrator must follow the law and these Terms, may award only the relief that a court could award on the individual claim, and may award relief only for the individual party that brings the claim, and only to the extent needed to resolve that claim. The arbitrator must give a written decision with the reasons. A court may enter judgment on the award.

19.5 Fees. Fees are handled under the AAA Consumer Arbitration Rules. If you start an arbitration, you pay no more than the filing fee that you would have paid to start a case in court in the place where you live, and we will pay the rest of the AAA's filing, administrative and arbitrator fees. If the arbitrator finds your claim was not brought in good faith or was frivolous, or was brought for an improper purpose, the AAA rules on who pays apply. Each of us pays our own attorneys' fees and costs, unless the law or the AAA rules let the arbitrator award them. We will not seek our attorneys' fees from you in an arbitration unless the arbitrator finds your claim to be frivolous or brought in bad faith.

19.6 Class action waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND WE EACH AGREE THAT ALL DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT COMBINE OR CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. If a court decides that this waiver cannot be enforced as to a particular claim or request for relief, then that claim or request, and only that one, must be brought in court and not in arbitration, and will be stayed until the individual claims that are subject to arbitration are resolved.

19.7 Many similar claims. If 25 or more similar Disputes are brought against us by the same lawyers or by lawyers working together, the AAA will group them in batches of no more than 100 claims each, with one set of fees and one arbitrator per batch, and the claims in each batch will be heard in the order the AAA decides. A neutral person chosen by the AAA will decide any dispute about this paragraph.

19.8 Opt out. You can opt out of this arbitration agreement and class action waiver within 30 days after you first accept these Terms. To opt out, email support@jarly.app with the subject "Arbitration Opt-Out", with your name and the email address on your account, and say that you opt out. An opt-out applies only to you. If you opt out, Sections 19.1 and 20 still apply and any Dispute must be brought in the courts named in Section 20, on an individual basis.

19.9 Changes. If we change this Section 19 in a way that is not just a change to our contact details, you may reject the change by sending us an opt-out notice as in Section 19.8 within 30 days after the change is posted, and then the version of Section 19 you originally accepted will keep applying to you.

19.10 Waiver of jury trial. IF A DISPUTE IS BROUGHT IN COURT FOR ANY REASON, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT THE LAW ALLOWS.

19.11 Time limit. To the extent the law allows, any claim related to the Service or these Terms must be started within one year after the claim arose, or it is permanently barred. This does not apply where the law gives you a longer time that cannot be shortened.

19.12 Survival and severability. This Section 19 survives the ending of these Terms and of your account. If any part of this Section 19, other than the class action waiver in Section 19.6, is found unenforceable, the rest stays in effect.

20. GOVERNING LAW AND VENUE

20.1 These Terms, and any Dispute, are governed by the laws of the State of [STATE] and applicable United States federal law, without regard to conflict-of-law rules that would apply another state's law. This does not take away the protection of any consumer law of the place where you live that cannot be waived by agreement.

20.2 For any Dispute that is not subject to arbitration under Section 19, and for any action to enforce an arbitration award or this agreement, you and we each agree to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY], [STATE], and each waives any objection to those courts based on venue or inconvenient forum, except where the law requires a different court, and except that you may bring an individual claim in small claims court where you live.

20.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

20.4 The Service is controlled and operated from the United States. We do not promise that it is appropriate or available everywhere. If you use it from another place, you do so on your own initiative and are responsible for following any local laws that apply. You may not use or export the Service in violation of United States export or sanctions laws.

21. CHANGES TO THESE TERMS

21.1 We may update these Terms from time to time, for example to reflect changes to the Service, new features, or changes in the law. When we make a material change, we will tell you in the app or by email, and we will ask you to review and accept the updated Terms before you continue to use the Service. The updated Terms apply from the date shown on them or the date you accept them, whichever is earlier, and do not apply to a Dispute that arose before that date.

21.2 If you do not accept updated Terms, you must stop using the Service and may delete your account. Your continued use of the Service after the updated Terms take effect, and after any notice to you, is your acceptance of them.

22. GENERAL TERMS

22.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms you accept for a feature, are the entire agreement between you and us about the Service, and replace any earlier understanding or agreement about it.

22.2 Severability. If any part of these Terms is found to be invalid or unenforceable, it will be enforced to the fullest extent possible, and the rest of the Terms will stay in full effect.

22.3 No waiver. If we do not enforce a part of these Terms, that is not a waiver of our right to enforce it later. A waiver is effective only if it is in writing and signed by us.

22.4 Assignment. You may not assign or transfer these Terms or your rights under them without our written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without notice or consent, including in a merger, acquisition, financing, sale of assets or by operation of law.

22.5 No third-party beneficiaries. Except for the Jarly Parties, who may rely on the protections in these Terms, and Apple as described in Section 10.2, no one other than you and us has any right under these Terms.

22.6 Relationship. You and we are independent parties. These Terms do not create a partnership, joint venture, employment, agency or fiduciary relationship between you and us.

22.7 Events beyond our control. We are not liable for any delay or failure to perform caused by something beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government action, power, internet, hosting, telecommunications or third-party service failures, or cyberattacks.

22.8 Notices. We may give you notice by email to the address on your account, by a notice in the app or on our website, or by any other reasonable means. Notices to us must be sent as described in Section 19.1 or Section 23. A notice is treated as received when we send or post it.

22.9 Interpretation. Headings are for convenience only and do not affect the meaning of these Terms. "Including" means "including without limitation". These Terms are written in English, and if we give you a translation, the English version controls where the law allows.

22.10 Equitable relief. You agree that if you breach Sections 7 or 11, we would be harmed in a way that money damages could not fix, and that we may seek injunctive or other equitable relief without having to post a bond, in addition to any other remedy.

22.11 Consumer rights. If you are a consumer who lives in a place that gives you rights that cannot be waived or limited by agreement, nothing in these Terms removes those rights.

22.12 California residents. If you live in California, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

23. CONTACT

Questions about these Terms, notices of Disputes, opt-outs and reports of problems should be sent to support@jarly.app, or by mail to [COMPANY NAME], [MAILING ADDRESS].