JollyDeck’s Terms of Service

User-friendly summary of our ToS

Disclaimer

This summary is provided for your convenience and easier understanding. The summary is not a standalone document and should be read in conjunction with the full policies available on our website.

  1. Acceptance of Terms
    • By accessing or using JollyDeck and its services, you confirm that you accept these Terms of Service in full. If you do not agree to any part of these Terms, you must not use our services.
  2. Service use
    • Do not use our services for illegal activities or to harm our systems (e.g., spreading viruses).
    • Your content may be transferred unencrypted over networks.
  3. Content and accuracy
    • We strive for accuracy but cannot guarantee it. Rely on our information at your own risk.
    • Historical information may not be current.
  4. Third-party tools and links
    • We may provide access to third-party tools and links, but we are not responsible for their content or accuracy.
  5. AI content creation
    • Our AI tools assist with content creation, but you must review and verify all AI-generated content.
    • Tokens are used to power AI operations and can be purchased online.
  6. User comments and feedback
    • Any feedback or comments you provide can be used by us without restriction.
  7. Subscription and Payment
    • Subscriptions to JollyDeck are available on a monthly or yearly basis.
    • We accept card payments via a third-party payment provider and do not retain payment data beyond legally required information.
  8. Liability and termination
    • We are not liable for any damages resulting from your use of our services.
    • We can terminate your access to our services if you violate the terms.
  9. Governing law
    • These terms are governed by the laws of the United Kingdom.

Overview

This website and all of its subdomains and applications are operated by JollyDeck Ltd. Throughout the site, the terms “we”, “us” and “our” refer to JollyDeck. JollyDeck offers this website, including all information, tools and services available from our website and apps to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and apps and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by JollyDeck. These Terms of Service apply to all users of the site, including without limitation users who are browsers, clients, customers, vendors, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion. Any such updates or changes will be posted on our website, and it is your responsibility to review these terms regularly. Continued use of our website or services after changes have been posted constitutes acceptance of the new terms. 

Our apps are stored within a Tier IV secure hosting provider in the EU, complying with strictest privacy and security policies.

General terms

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).Your use must also comply with JollyDeck’s Acceptable use and content licence policy

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Definitions

User: An individual who accesses and utilises the services and content provided by JollyDeck, including but not limited to browsing, creating, or contributing to the platform’s content.

Service: The array of tools, resources, and functionalities provided by JollyDeck, including but not limited to publishing e-learning, content creation tools, collection of learning analytics, AI Copilot features, and any other related offerings available through the website and applications.

Content: All materials and resources available through JollyDeck, including but not limited to e-learning courses, slide templates, row templates, icons, images, illustrations, videos, audio, and any other digital or interactive materials provided by JollyDeck.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that while we strive to use commercially acceptable means to protect your content, data transmissions over various networks may occur unencrypted and may be subject to adaptations to technical requirements.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Refer to JollyDeck’s Acceptable use and content licence policy for further details on permitted and prohibited actions.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Online Subscription and Payment

We allow for online, SaaS-style subscription to JollyDeck Create, our e-learning authoring suite. Subscription is supported by processing payments with Stripe. The lease may be a monthly recurring subscription or a yearly subscription.

Charges and Payment

JollyDeck Create can be used on a free or a paid licence. Learn more about our offerings here. Pricing may vary slightly by currency and location, but it will be based on the billing information you provide us at the time of your first purchase. If you are on a Team plan, the account owner will be billed for and is responsible for payment of any fees.

Subscription

If you are subscribing to JollyDeck Solo or JollyDeck Team, you can sign up for either a monthly or an annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed. For a subscription to JollyDeck Enterprise, please contact our Sales team.

When you subscribe for a paid licence, you authorise JollyDeck or our third-party payment processor to charge you for the subscription.

All fees are payable in the stated currency and are non-refundable (except as otherwise expressly set forth in these Terms).

Payment Processing

We accept card payments using Stripe as the payment processor. JollyDeck doesn’t retain any payment data beyond the legally required data and to issue invoices.

Taxes

Your subscription fees are inclusive of all taxes unless otherwise specified within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

Cancellation

You can stop using the JollyDeck and cancel your subscription at any time by reaching out to us. If you cancel your subscription, you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

Free trial

JollyDeck can offer you a free trial to allow you to try our Service beyond the Free licence. We reserve the right to set eligibility requirements and the duration of the free trial.

Your access to the Service from the free trial will cease if you do not enter into a paid subscription prior to the end of the free trial period.

Billing outreach

JollyDeck may contact you at any time by email or other method with information relevant to your subscription, billing, and use of the Service.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on our website and apps is not accurate, complete or current. The material on our website and apps is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on our website and apps is at your own risk.

Our website and apps may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website and apps at any time, but we have no obligation to update any information on our website and apps. You agree that it is your responsibility to monitor changes to our website and apps.

Optional tools

On our website, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. While we provide access to third-party tools ‘as is’ and ‘as available’, we recommend you review the terms and conditions of these third-party providers. We disclaim any liability for any damages or issues arising from the use of these tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Use of AI in Content Creation

Our platform incorporates AI technologies to assist in content creation. Collectively we refer to the capabilities as JollyDeck’s AI Copilot. Users must adhere to the following guidelines when using AI-generated content:

  • Author Responsibility: Authors are fully responsible for ensuring that content created with the assistance of AI is ethical, accurate, and respects intellectual property rights.
  • Human Review Requirement: All AI-generated content must be reviewed and edited by a human before being published or shared.
  • Fact-Checking Obligation: Authors must verify the facts and information in AI-generated content to ensure its accuracy and reliability.
  • Feedback and Improvement: We encourage users to provide feedback on our AI tools. Your input is valuable in helping us improve the functionality and reliability of these tools.

For the rules that govern the AI content generation, please make sure you have read and understand the AI Copilot content generation policy.

Use of AI Tokens

Tokens are the ‘fuel’ for powering and accounting for operations executed by the AI Copilot. Any user with an active account on JollyDeck can purchase the tokens online through our website. The pricing of tokens is publicly available and published on our website.

Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on our website and apps may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to any transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any such actions. Complaints, claims, concerns, or questions regarding third-party services or products should be directed to the third-party.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service or does not comply with JollyDeck’s Acceptable use and content licence policy.

You agree that your actions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your actions will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Your submission of personal information through our website and apps is governed by our Privacy Policy. To view our Privacy Policy click here.

Errors, inaccuracies and omissions

Occasionally there may be information on our website and apps or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on any related website or app is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, as well as not adhering to JollyDeck’s Acceptable use and content licence policy.

Disclaimer of warranties and limitation of liability

We can’t guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for a short period of time or cancel the service at any time to apply necessary upgrades to our systems, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall JollyDeck, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless JollyDeck and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website and apps.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).Violations of JollyDeck’s Acceptable use and content licence policy may also result in termination of services.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on our website and apps or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact information

Questions about the Terms of Service should be sent to us at support@jollydeck.com.

JollyDeck, revised and updated in July 2024

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