Terms of Use

Effective: August 13, 2025

1. Agreement to Terms

These Terms of Use ("Terms") govern use of the Jaby, Inc. services ("Services," "Jaby") and are an agreement between you ("User," "you") and Jaby, Inc.. By accessing or using the Services, you accept and agree to these Terms, as well as any referenced documents such as the Privacy Policy and Usage Policy.

2. Definitions

• Services: Any websites, applications, features, and software owned or operated by Jaby, Inc..
• User Content: Data, files, prompts, recordings, or other materials you submit or generate through the Services.
• Usage Policy: Rules regarding acceptable behavior and content, available at Usage Policy.

3. Who Can Use Jaby

• You must be at least 13 years old — or older if required in your jurisdiction — to use the Services.
• If you are under 18, you must have your parent or guardian's consent.
• You must register with accurate information and are exclusively responsible for activity in your account. Sharing credentials is prohibited.

4. License to Services & User Content

• Jaby grants you a limited, revocable, non-exclusive license to access and use the Services.
• You retain ownership of your User Content. You grant Jaby a worldwide, royalty-free license to use, process, and enhance Services and analytics.

5. Acceptable Use

You must not use the Services to:

• Violate laws or third-party rights (e.g., IP, privacy).
• Reverse engineer or extract data from Services.
• Misrepresent AI-generated content as human.
• Use for regulated domains like healthcare, finance, or education without compliance.
• Engage in harmful or disruptive activity, infringing or abusive behavior.

For complete acceptable use guidelines, see our Usage Policy.

6. Software

Downloads (like mobile apps) may update automatically and include open-source software subject to its own licenses. Our software may include open source software that is governed by its own licenses that we've made available to you.

7. Corporate Domains

If registered with a work email, your account may join your organization's enterprise account. Jaby will notify you, unless your organization has already informed you of potential monitoring. Once your account is transferred, the organization's administrator will be able to control your account, including being able to access User Content and restrict or remove your access to the account.

8. Paid Services

Billing

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Service Credits

You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms.

Cancellation

You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

9. Termination & Suspension

Jaby may suspend or terminate access if you violate Terms. Upon termination, your license ends; Jaby may delete your User Content after a certain period, as detailed in the Privacy Policy.

We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

• You breached these Terms or our Usage Policy.
• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Jaby, Inc., our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team.

10. Disclaimers

Services are provided "as is" without warranties. Jaby disclaims all implied and statutory warranties, including availability or accuracy.

OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

11. Limitation of Liability

To the maximum extent permitted by law, Jaby and its affiliates are not liable for indirect or consequential damages. Total liability is capped at the amount you paid Jaby in the prior 12 months.

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).

JABY, INC.'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

12. Indemnity

You agree to defend, indemnify, and hold harmless Jaby from claims arising from your breach of these Terms or misuse of the Services.

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

13. Dispute Resolution & Governing Law

These Terms are governed by the laws of Colorado, United States.

YOU AND JABY, INC. AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

MANDATORY ARBITRATION

You and Jaby, Inc. agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by contacting our Support team. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by contacting our Support team. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration.

Arbitration Forum

If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures. Jaby, Inc. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Arbitration Procedures

The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Denver, Colorado have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief.

CLASS AND JURY TRIAL WAIVERS

You and Jaby, Inc. agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. You and Jaby, Inc. knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

14. Changes to Terms

Jaby may update these Terms. We will notify you via email or in-app banner. Continued use after changes constitutes acceptance.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

15. Privacy & International Rights

Your use is subject to our Privacy Policy. EU and international users have rights under GDPR, including access, correction, deletion, and objections — see Privacy Policy for details.

16. Intellectual Property Rights

We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines.

17. Copyright Complaints

If you believe that your intellectual property rights have been infringed, please contact our Support team. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

18. Contact

For questions or notices, contact us at: support@jaby.com or Jaby, Inc., USA.

19. Miscellaneous

Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Delay in Enforcing Terms

Our failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws.

Entire Agreement

These Terms contain the entire agreement between you and Jaby, Inc. regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Jaby, Inc..