Company: JTPCK Website: jtpck.com Contact: hi@jtpck.com
These Terms of Use (“Terms”) govern your access to and use of our websites, applications, software products, and services (collectively, the “Services”). By using the Services, you agree to these Terms.
If you do not agree, do not use the Services.
1. Who We Are
We build and operate websites, mobile applications, software products, and related services. Some Services may be provided as subscription software (“SaaS”), one-time purchases, or professional services (such as custom development).
2. Eligibility
You must be at least 18 years old to use the Services. By using the Services, you confirm you have the legal capacity to enter into these Terms.
3. Accounts and Security
Some Services require an account. You agree to:
- Provide accurate information
- Keep your login credentials secure
- Notify us immediately if you suspect unauthorized access
You are responsible for all activity under your account.
4. Acceptable Use
You agree not to use the Services to:
- Violate any law or regulation
- Infringe intellectual property rights
- Distribute malware, spyware, or harmful code
- Attempt to gain unauthorized access to systems or accounts
- Scrape, reverse engineer, or disrupt the Services
- Send spam or abusive communications
- Use the Services to exploit or harm others
We may suspend or terminate access if we believe you violated these Terms.
5. Our Products and Services
We may offer:
- Software products (including web and mobile apps)
- Hosting or managed services
- Custom development services
- Consulting, maintenance, or support plans
Specific services may have additional terms, statements of work (“SOWs”), order forms, or service descriptions. If there is a conflict, the SOW or order form controls for that service.
6. Fees, Billing, and No Refunds
6.1 Fees
You agree to pay all fees associated with your plan, purchase, or project. Prices may change at any time, but changes will not apply retroactively.
6.2 Subscriptions
If you purchase a subscription, you authorize us (or our payment processor) to charge your payment method on a recurring basis until you cancel.
6.3 Taxes
You are responsible for applicable taxes, duties, or similar government charges unless we are required by law to collect them.
6.4 No Refunds (Important)
All payments are final and non-refundable, including but not limited to:
- Subscription fees
- One-time purchases
- Setup fees
- Custom development work
- Deposits
- Partial months or unused time
We do not provide refunds or credits for unused service, early cancellation, mistaken purchases, or lack of usage.
Exception: If required by law, we will provide refunds as required.
7. Cancellation
You may cancel subscriptions at any time through your account settings or by contacting support.
Cancellation stops future billing but does not refund past charges. Access may remain active until the end of the current billing period unless otherwise stated.
8. Intellectual Property
8.1 Our IP
We own all rights to the Services, including software, design, code, branding, and content, except where stated otherwise.
You may not copy, modify, distribute, sell, lease, or create derivative works from our Services unless we give written permission.
8.2 Your Content
If you upload or submit content (text, images, files, data, etc.) (“User Content”), you retain ownership of it.
You grant us a limited license to host, process, display, and use User Content only as necessary to provide the Services.
You represent that you have the rights to submit the User Content.
9. Custom Development and Client Work
If we build a website or app for you under a project agreement:
- Deliverables, timelines, scope, and payment terms will be defined in a separate SOW or contract
- You are responsible for providing required assets and approvals on time
- Delays caused by you may shift timelines
Unless otherwise agreed in writing:
- We retain ownership of our pre-existing code, libraries, templates, tools, and internal frameworks
- You receive a license to use the final deliverables for your business purposes once paid in full
10. Third-Party Services
The Services may integrate with third-party tools (example: Stripe, Google, Apple, AWS, analytics tools).
We are not responsible for third-party services, their downtime, pricing, or actions. Your use of third-party services is subject to their terms.
11. Marketing and Service Communications
By creating an account or using the Services, you consent to receive communications from us, including operational messages and occasional marketing or promotional communications about our products, services, and updates.
You may opt out of marketing communications at any time by using the unsubscribe link in those messages or by contacting us. Operational or transactional messages related to your account or use of the Services may still be sent.
12. Service Availability and Changes
We may modify, suspend, or discontinue any part of the Services at any time, including features or pricing.
We do not guarantee that the Services will be uninterrupted, error-free, or always available.
13. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available.”
We disclaim all warranties, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of results
- That the Services will meet your requirements
14. Fitness and Health Disclaimer
The Services may include fitness or workout information. You acknowledge that physical exercise carries risk of injury. You agree to use the Services at your own risk. The Services are not medical advice. Consult a physician before beginning any exercise program or doing activities.
15. Limitation of Liability
To the maximum extent permitted by law:
- We will not be liable for indirect, incidental, special, consequential, or punitive damages
- We will not be liable for lost profits, lost data, business interruption, or substitute services
- Our total liability for any claim related to the Services will not exceed the amount you paid to us in the 3 months before the event giving rise to the claim (or $100 if you paid nothing)
Some jurisdictions do not allow certain limitations, so some may not apply to you.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:
- Your use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of laws or third-party rights
17. Termination
We may suspend or terminate your access to the Services at any time if:
- You violate these Terms
- Your use creates risk or legal exposure
- Required by law or security reasons
Upon termination, your right to use the Services stops immediately. Sections that should survive termination will survive (including IP, disclaimers, limitation of liability, indemnification).
18. Privacy
Your use of the Services is also governed by our Privacy Policy.
19. Disputes, Arbitration, and Class Action Waiver
Any dispute arising out of or related to these Terms or the Services will be resolved by binding arbitration, not in court, except that either party may bring claims in small claims court if eligible.
You agree disputes will be brought only in an individual capacity and not as part of a class action.
20. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law rules.
21. Retainer Services Terms
21.1 Scope of Services
Retainer services provide ongoing access to design, development, and advisory work on a monthly basis. Work is performed in iterative cycles and may include product development, feature enhancements, bug fixes, technical consulting, and related activities as agreed between the studio and the client.
21.2 Billing and Payment
Retainers are billed monthly in advance via Stripe. Payment is due upon receipt of invoice unless otherwise specified in writing. Work may be paused if payment is not received on time. Clients may cancel at any time through their billing portal, and access will continue through the end of the current billing period. Clients may also change tiers up or down through the billing portal, with changes taking effect at the start of the next billing period.
21.3 Usage of Retainer Time
Retainer time is allocated monthly and may be used at the client’s discretion within the scope of services. Unused hours do not carry over to future billing periods. The studio will make reasonable efforts to prioritize and schedule work based on the client’s needs and availability.
21.4 Additional Costs and Expenses
The client is responsible for all third party costs incurred in the course of work. This includes but is not limited to AI usage fees such as token or API costs, software licenses, hosting, infrastructure, and any materials or assets required for the project. These costs may be billed separately or passed through at cost.
21.5 Client Responsibilities
The client agrees to provide timely feedback, approvals, and access to necessary systems or information required to perform the work. Delays in communication may impact delivery timelines.
21.6 Termination
Either party may terminate the retainer agreement with written notice prior to the next billing cycle. No refunds will be issued for partial months once a billing cycle has begun.
22. Product-Based Pricing Terms
22.1 Scope of Work
Product-based engagements are defined by a fixed scope, deliverables, or milestones agreed upon in advance. Any work requested outside of the defined scope may require a separate agreement or be billed additionally. Clients seeking fixed-scope engagements should refer to the project-based offering.
22.2 Pricing and Payment
Fees for product-based work are agreed upon prior to the start of the project. Payment terms may include upfront deposits, milestone payments, or full payment depending on the nature of the engagement. Work may be paused if payments are not made as agreed.
22.3 Changes and Revisions
Reasonable revisions may be included within the agreed scope. Significant changes, new features, or scope expansions may result in additional fees and timeline adjustments.
22.4 Additional Costs and Expenses
The client is responsible for all third party costs associated with the project. This includes but is not limited to AI usage fees such as token or API costs, software licenses, hosting, infrastructure, and any required materials or assets.
22.5 Delivery and Acceptance
Deliverables will be provided according to the agreed timeline. The client is responsible for reviewing and providing feedback or acceptance within a reasonable timeframe. Lack of response may be considered acceptance.
22.6 Client Responsibilities
The client agrees to provide timely input, feedback, and access to necessary resources. Delays in these areas may impact timelines and delivery.
22.7 Termination
If the project is terminated by the client after work has begun, the client is responsible for payment for all work completed up to the termination date, including any incurred expenses.
23. Referral Program
JTPCK offers a referral program that allows individuals to earn compensation by introducing prospective clients. Participation does not require registration or an account. Referrals may be submitted either through a unique referral link or by directly introducing a prospective client to JTPCK. JTPCK will manage all subsequent communication, scoping, and onboarding with the referred party. If a referred party becomes a JTPCK client and pays their first invoice in full, the referrer will be eligible to receive a payment equal to twenty percent (20%) of that first paid invoice. Payment will only be issued after the invoice has been received and processed by JTPCK, and will be made via cash or check. JTPCK reserves the right to determine referral eligibility, including whether a referred party qualifies as a new client and whether multiple referrals apply to the same party.
24. Changes to These Terms
We may update these Terms from time to time. If changes are material, we may notify you by posting an update on our website or through the Services.
Continued use of the Services after changes means you accept the updated Terms.