These Terms of Service ("Terms") are a legal agreement between you and Jask Technologies, LLC ("Jask," "we," "us," or "our"). They govern your access to and use of Jask.co, our mobile applications, and any related websites, features, and services (together, "Jask").
Jask is a paid messaging platform that connects people seeking personal guidance ("Clients") with independent spiritual advisors, readers, and other practitioners who offer paid messages, sessions, and readings ("Advisors"). Clients and Advisors are both "Users." Any paid messages, chats, calls, sessions, or readings between a Client and an Advisor are "Conversations," and anything you send, upload, or share on Jask, including during a Conversation, is your "Content."
BY CREATING AN ACCOUNT OR OTHERWISE USING JASK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE JASK.
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER: THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. EXCEPT FOR CERTAIN LIMITED EXCEPTIONS, ANY DISPUTE BETWEEN YOU AND JASK MUST BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. PLEASE SEE SECTION 18.
The following policies are part of these Terms and are incorporated by reference: our Privacy Policy, Community Guidelines, Satisfaction Guarantee, Complaints Policy, Content Removal Policy, DMCA Policy, and Anti-Trafficking Policy. If any of those policies conflict with these Terms, these Terms control.
Jask is available only to people who are at least eighteen (18) years old, and at least the age of majority where they live, and who can form a legally binding contract under applicable law. You may not use Jask if we have suspended or terminated your account, or if your use of Jask is prohibited by the laws of the United States or any other jurisdiction that applies to you. By using Jask, you confirm that you meet these requirements and that the information you give us is accurate and complete, and you agree to keep it up to date.
We may change these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page, and we may also notify you by email, in the app, or by asking you to accept the updated Terms the next time you use Jask. Changes take effect when posted, unless we say otherwise. If you continue to use Jask after a change takes effect, you accept the updated Terms. If you do not agree to a change, your sole remedy is to stop using Jask and close your account. Changes to Section 18 (Mutual Arbitration Provision) will not apply to any claim that arose, or any dispute that was pending, before the change was posted.
We may add, change, suspend, or discontinue any part of Jask, including features, functionality, and third-party services, at any time, with or without notice.
Registration
Each person may register for one account, provided they meet these Terms and pass any age or identity verification we require. To register as an Advisor, you must also provide valid payout information and any verification documents we request. Acceptance of any registration is in our sole discretion. If we reasonably believe that information you gave us is false, misleading, incomplete, or out of date, we may reject, suspend, or terminate your account.
Keeping Your Account Secure
You are responsible for all activity under your account, including all purchases made with it. Keep your password and login details confidential, and never let anyone else access or use your account. Do not use, try to access, or ask for the login details of anyone else's account. We are not responsible for any loss caused by someone else using your account or password, with or without your knowledge, and you are responsible for losses that we or others suffer because you shared your login details. You may not sell, transfer, license, or share your account.
Closing Your Account
You may close your account at any time by selecting "Delete Account" in your account settings or by emailing support@jask.co. Closing your account does not cancel any amounts you already owe. Any unused Credits you purchased will be refunded as described in Section 7.
Suspension and Termination by Us
We may suspend, restrict, or terminate your account or your access to Jask at any time, for any reason, in our sole discretion, including if we suspect that you have violated these Terms or our policies, if we cannot verify information or payment details you provided, or if we believe your actions may be illegal or may cause harm, liability, or disruption to you, other Users, Jask, or the public. We may also notify your bank, payment processor, or the appropriate authorities, or take any other action required by law. If we terminate your account, you remain responsible for all charges incurred before termination, and any unused Credits you purchased will be handled as described in Section 7. We are not required to preserve information from a terminated account, and we may permanently delete it.
Inactive Accounts
If your account has no activity for twelve (12) consecutive months, meaning you have not logged in, made a purchase, or taken part in a Conversation, we may charge an account maintenance fee of five dollars ($5.00 USD) per month, deducted from any remaining account balance, until you use your account again or the balance reaches zero. This fee is never deducted from Satisfaction Guarantee Credits or from Credits purchased through an App Store's in-app payment system. We may also close an account that has been inactive for twelve (12) months or more, except that we will not close an account for inactivity while it holds unused Credits bought through an App Store. If we close an inactive account, any unused Credits you purchased will be refunded as described in Section 7.
Jask Is a Platform
Jask provides technology that lets Clients and Advisors find each other, communicate, and pay for Conversations. Jask does not itself provide readings, advice, guidance, or any other services offered by Advisors, and we do not produce or direct what Advisors offer or what Users say to each other. Advisors are independent. They are not our employees, partners, or agents, and they do not speak for Jask.
We do not refer, endorse, recommend, or guarantee any Advisor or any Advisor's services. We may verify an Advisor's identity, but we do not verify any Advisor's credentials, qualifications, experience, or claims about their abilities. An Advisor's listing in a particular category, specialty, or search result does not mean they are qualified in that area. We are not responsible for the truth, accuracy, quality, safety, legality, or usefulness of anything said, written, or shared by Users, including Advisor profiles and ratings or reviews left by Users.
You Use Jask at Your Own Risk
You alone decide whether to start, continue, or end any Conversation. Use caution, common sense, and your own judgment when evaluating Advisors and their statements, and when deciding what personal information to share. If you believe a User has broken the law or is threatening, defrauding, or endangering anyone, please contact law enforcement or other appropriate authorities right away, and report the User to us as described in Section 10.
Disputes Between Users
If you have a dispute with another User, or suffer any harm arising out of or connected with a Conversation or another User's services, you release Jask and its parents, subsidiaries, affiliates, officers, directors, employees, shareholders, suppliers, and agents from all claims, demands, damages (actual and consequential), costs, and expenses (including attorneys' fees) of every kind and nature, known and unknown, arising out of or in any way connected with that User, their services, or the dispute. This release is supplemented by Appendix A below.
You acknowledge and agree that all readings, spiritual guidance, intuitive insights, tarot, astrology, numerology, mediumship, energy work, spell work, rituals, and any other Conversations, advice, or Content offered through Jask are provided for entertainment, personal reflection, and spiritual exploration only. They are not a substitute for, and should not be relied on in place of, advice from a licensed medical, psychiatric, mental health, legal, financial, tax, or other qualified professional. Do not make any medical, legal, financial, or other important life decision based solely on Content you receive through Jask. No outcome, prediction, manifestation, healing, return of a person, financial result, or other specific result is promised or guaranteed by any Advisor or by Jask, regardless of anything said during a Conversation. You accept full and sole responsibility for how you interpret, act on, or share anything you receive through Jask.
Conversations may touch on personal, sensitive, or emotionally challenging themes, including grief, loss, relationships, health, and personal hardship, and may not be suitable for all audiences. Jask does not permit sexually explicit Content or adult services of any kind, and Content of that kind is removed and the responsible account actioned under Section 9. If you are experiencing a medical or mental health emergency, including thoughts of self-harm or suicide, please contact 911, the 988 Suicide and Crisis Lifeline, or your local emergency services right away. We screen Conversations for safety, but no system catches everything, and you should not rely on Jask to detect or respond to an emergency. We may contact emergency services or law enforcement if we believe someone is at risk.
Conversations Are Private, Not Confidential
Conversations are between the Client and the Advisor taking part in them, and we do not publish them. However, Conversations are not confidential from Jask. We store Conversations, including messages, voice notes, attachments, and call or session records, to provide Jask, and we and our service providers may access, review, monitor, or record them for safety, quality assurance, customer support, payment disputes, fraud prevention, enforcement of these Terms and our policies, and legal compliance, as further described in our Privacy Policy. By using Jask, you consent to this.
Don't Record or Share Conversations
You may not record, screenshot, copy, store outside of Jask, publish, or share any Conversation or any other User's Content, including any live call, session, chat, or paid message, without that User's consent, except as needed to report a violation to us or to law enforcement.
Access to Your Conversation History
You can access your Conversation history through your account while it is active. If your account is closed, suspended, or terminated, or if the other User in a Conversation closes their account or blocks you, you may lose access to that Conversation. We are not obligated to provide copies of Conversations from a closed, suspended, or terminated account.
Buying Credits
Clients pay for Conversations and other paid features using credits ("Credits"). You buy Credits with a credit card, debit card, or other payment method we accept, or through an App Store as described in Section 13. The price of Credits is shown before you buy. Your payment method is charged when you buy Credits, and the Credits are then added to your account balance. The charge on your bank or card statement may show our company name or one of our brand names. Credits can only be used on Jask, and they cannot be transferred to another account, sold, or exchanged for cash, except as described in these Terms or required by law.
Using Credits
Each Advisor sets their own rates for messages, calls, sessions, readings, and other services. Rates are shown on the Advisor's profile or before you purchase. Rates may change, but a change will not affect a Conversation you already paid for. You authorize us to deduct Credits from your account balance for each purchase: per-message purchases are deducted when you send the paid message or request, and per-minute purchases, such as calls, are deducted based on the length of the Conversation. Credits are deducted regardless of the quality or completeness of the Advisor's response, except as described in our Satisfaction Guarantee. You agree to pay for all purchases made on your account.
Gifts
You may choose to send a gift to an Advisor, using Credits, as additional, voluntary payment for a Conversation that Advisor has already delivered to you. A gift is tied to that Conversation. It is not a donation, it is not a transfer of funds between Users, and it may not be sent except in connection with a Conversation you have received. A gift is not a purchase of an assignment or a license to any rights, and does not entitle you to access any further Conversation or paid feature.
Promotional and Satisfaction Guarantee Credits
We may offer promotions, free messages, promotional Credits, or other special offers from time to time, and we may limit who is eligible and change or end them at any time. Promotional Credits and Credits issued under our Satisfaction Guarantee have no cash value and cannot be transferred, redeemed for cash, or refunded to a payment method.
Account Balances
Your account balance is the Credits available in your account. You understand and agree that (i) we do not provide licensed or regulated financial services, (ii) we do not act as your broker, custodian, or fiduciary, (iii) your Jask account is not a bank account, (iv) your account balance does not earn interest, (v) your account balance may not be returned to you if we become insolvent, and (vi) your balance and transactions are reported to you only through Jask.
Payment Information
You may only use payment methods that you are authorized to use. You agree to provide accurate and complete payment information and to keep it up to date. Payments are processed by third-party payment processors, who may have their own terms, and you agree to comply with them. You are responsible for any chargebacks, reversals, dishonored payments, and related fees associated with your account.
Satisfaction Guarantee and Refunds
Because Advisors are paid for their time and responses, purchases, including purchases of Credits and Credits spent on Conversations or gifts, are generally final. We will nonetheless review any refund request under our Satisfaction Guarantee, and we will return the Credits for a Conversation that was not delivered, was not delivered by the Advisor you paid, or otherwise did not meet the terms under which it was sold. Unused purchased Credits are refunded when your account closes, as described under Unused Credits When Your Account Closes below, and we will also issue refunds where required by law. We ask that you contact our Billing Support team before contacting your card issuer, so that we can resolve the issue directly and more quickly than a dispute allows. If you block an Advisor, you will lose access to your Conversations with that Advisor and will not receive a refund. Purchases made through an App Store are also subject to Section 13.
Unused Credits When Your Account Closes
If your account closes for any reason, whether you close it or we do, including for inactivity, we will refund the unused Credits you purchased to your original payment method, usually within five (5) to seven (7) business days. If that payment method is no longer available, we may refund you another way. Promotional Credits and Satisfaction Guarantee Credits are not refunded. We cannot refund Credits bought through an App Store; you may request a refund from that App Store under its own policies. If we close your account because of fraud, a chargeback, or another violation of these Terms, we may first use your remaining balance to cover any chargebacks, fees, or losses caused by your account, and we will refund the rest.
Chargebacks
You agree to contact us at support@jask.co to try to resolve any issue, including by requesting a credit under our Satisfaction Guarantee, before disputing a charge with your bank or card issuer. If a purchase on your account results in a chargeback, we may suspend or terminate your account.
Billing Errors
If you believe you were billed in error, contact us through Billing Support within thirty (30) days after the charge first appears on your statement. If you do not notify us within that time, the charge will be considered accepted, to the extent permitted by law. Nothing in this Section limits any rights you have under applicable consumer protection law, including the Fair Credit Billing Act.
Fraudulent Payments
If we discover that you have used a stolen or fraudulent payment method, we will terminate your account and may notify the appropriate payment networks and law enforcement agencies.
Changes to Fees
We may change our fees, billing methods, and payment methods at any time. We will not apply a new fee to a Conversation you already paid for.
Your Profile and Your Services
You are solely responsible for your profile, your listings, your rates, the services you offer, and everything you say or share in Conversations. Your profile, categories, and descriptions of your services must be accurate and must follow our Community Guidelines. You must deliver the services a Client paid for, on the terms and at the price shown at the time of purchase.
Laws, Licenses, and Advertising
You are responsible for complying with all laws and regulations that apply to you and your services, including any business, professional, or local licensing requirements (some jurisdictions regulate fortune telling, astrology, or similar services), consumer protection laws, and advertising laws and guidelines. You are responsible for obtaining any equipment, software, and Internet access you need to provide your services.
Keep Paid Conversations on Jask
All paid communications that start through Jask must take place on Jask. You may not move a Client you met through Jask to another platform or payment method, ask for or share personal contact information (including phone numbers, email addresses, or usernames on other platforms) to do so, or accept payment from a Client outside Jask. Nothing in these Terms prevents you from offering similar services through other channels to people you did not meet through Jask.
Payment Collection
You appoint Jask as your limited agent for the sole purpose of receiving payments from Clients on your behalf. A Client's payment to Jask for your services counts as payment to you and satisfies the Client's obligation to pay you, even if we fail to send that payment to you.
Platform Fee
You agree to pay a twenty percent (20%) platform fee on all payments Clients make for your services, including gifts. We automatically deduct the platform fee before paying you. We may change this fee at any time with notice to you, and we may offer reduced fees as a signing bonus or other incentive, on terms that we will display on Jask.
Payouts
Twice a month, we will pay you the amounts you earned during the preceding pay period, minus the platform fee and any payout fees shown in your Advisor account, once your earnings reach the minimum payout amount shown there. You must own or control the account you are paid to, and provide accurate payout details and any information we request to confirm it. We may hold or suspend payouts if we receive notice of a lien or garnishment, or while we investigate a suspected violation of these Terms. We may adjust, reverse, or deduct amounts from your earnings, including retroactively, for Client refunds, chargebacks, fraud, technical errors, violations of these Terms, liens, and garnishments, and we may offset against your earnings any amounts you owe us. Satisfaction Guarantee Credits issued under our Satisfaction Guarantee are paid by Jask and do not reduce your earnings. If you block a Client to avoid delivering services they already paid for, we may deduct the earnings for those undelivered services and return the corresponding Credits to the Client. If we cannot pay you within six (6) months of a Client's purchase because the payout information you gave us is inaccurate, incomplete, or out of date, you forfeit those earnings.
Taxes
You are solely responsible for reporting and paying all taxes on your earnings and on your use of Jask. We do not withhold income tax or make any employment-related contributions on your behalf. You agree to provide a Social Security Number or Taxpayer Identification Number and any other tax information we request so that we can issue IRS forms (such as a Form 1099) where required by law. If you do not, we may hold your payouts or terminate your account.
Independent Relationship
You are an independent business, not an employee, partner, joint venturer, or agent of Jask, and you may not say or suggest otherwise. You alone decide when, where, how, and whether to offer your services, and you provide all tools and equipment at your own expense.
Referral Programs
If we offer a referral program, you may participate only on the terms posted on that program's page, which are part of these Terms. We may change or end any referral program, or your participation in it, at any time.
You agree to use Jask only as these Terms allow. Certain Content and activity is prohibited by law, by the rules of our payment processors and acquiring banks, and by our own standards for a safe and trustworthy platform. You will not, and will not encourage or help anyone else to:
offer, solicit, sell, request, or share sexually explicit Content, including nudity or depictions of sexual acts, or any Content whose purpose is sexual gratification. This applies to Content generated by artificial intelligence on the same terms as Content that is filmed or photographed;
offer, solicit, or sell any sexual service, including prostitution, escort services, sexual massage, adult live chat, fetish services, or companionship of a sexual nature, whether the service would be performed on Jask or arranged through Jask and performed elsewhere;
engage in, encourage, promote, or celebrate unlawful violence or physical harm to persons or property;
engage in, encourage, promote, or celebrate unlawful violence or hatred toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic;
guarantee or promise any outcome from a reading, spell, ritual, or other spiritual practice, including the return of a specific person, a financial or lottery result, a medical cure, a pregnancy, a death, or any other definite result;
present readings, spiritual practice, or intuitive guidance as a substitute for licensed medical, psychiatric, mental health, legal, financial, or tax advice;
use fear, threats, or claims of curses, danger, or misfortune to pressure any User into making a payment;
exploit a Client's emotional, psychological, or financial vulnerability, including by pressuring a Client to purchase additional Credits, Conversations, or services;
present pre-recorded, copied, or automated Content as a reading created live for a specific Client, or allow any other person or any automated tool to conduct a Conversation on your behalf;
solicit, request, or accept payment from a Client outside of Jask, or direct a Client you met through Jask to pay you through another platform, service, or payment method;
use Jask in any way that violates the rules or acceptable use requirements of our payment processors, acquiring banks, card networks, or app stores;
use Jask for any unlawful or fraudulent purpose, or in violation of these Terms, our policies, or the rules of any payment network;
share Content or send messages that are unlawful, harassing, threatening, abusive, defamatory, hateful, discriminatory, obscene, sexually explicit, violent, or otherwise objectionable;
send sexual Content to another User, whether or not that User requested it, or harass, sexualize, demean, or intimidate another User;
encourage or suggest that anyone harm themselves or others;
ask for, share, or collect personal information about another User, such as their real name, phone number, email address, home address, location, or usernames on other platforms, except as Jask's features expressly allow;
ask another User to meet in person, or ask for or send money outside of Jask's payment system;
impersonate any person, use a false identity or a name you are not authorized to use, or misrepresent your affiliation with anyone;
create usernames, profiles, or listings that are obscene, offensive, misleading, discriminatory, or hateful;
use false, fabricated, manipulated, or incentivized testimonials, ratings, or reviews, or use bots, fake accounts, or other inauthentic means to drive traffic or engagement;
infringe anyone's copyright, trademark, privacy, publicity, or other rights;
share Content with the intent to extort money or anything else from anyone;
engage in spamming, flooding, trolling, doxing, or other disruptive behavior;
access other Users' accounts, or try to gain unauthorized access to Jask, our systems or networks, or any User's device;
introduce viruses, malware, or other harmful code, or interfere with, overload, or disrupt Jask or its security features;
copy, frame, mirror, sell, rent, modify, or create derivative works of any part of Jask, or reverse engineer, decompile, or disassemble any part of Jask, except where the law expressly allows it;
use any robot, scraper, or other automated means to access Jask or collect information from it, except for bona fide search engine indexing;
use Jask or any User's Content to train artificial intelligence or machine learning models;
try to obtain any information or materials from Jask through any means we do not intentionally make available; or
fail to comply with orders, judgments, or mandates of a court of competent jurisdiction.
You agree to cooperate fully with any investigation by us of suspected unlawful, fraudulent, or improper activity. If you violate this Section, we may remove your Content, suspend or terminate your account without notice, withhold or forfeit any earnings associated with the violation, and pursue any other remedy available to us.
Zero Tolerance for Child Exploitation and Human Trafficking
Jask is only for adults. We have zero tolerance for any content or activity that sexualizes, exploits, or endangers minors, and we report apparent child sexual exploitation to the National Center for Missing & Exploited Children and to law enforcement as required by law. We also strictly prohibit the solicitation, promotion, or facilitation of human trafficking or exploitation, on Jask or through links to other websites, as described in our Anti-Trafficking Policy. Any account involved in this activity will be terminated.
Blocking and Reporting
You can block any User at any time. If you see Content or activity that violates these Terms, please report it using the reporting tools in Jask or our Complaints form, and include as much detail as you can, such as the username involved, what happened, and when. We review reports as described in our Complaints Policy and take action as described below.
Content Moderation
We review Content and activity on Jask to keep it safe and to enforce these Terms, our Community Guidelines, and the rules of our payment processors. Advisors must be approved by us before they can publish a profile, appear in search, or receive payouts. Profiles, images, and messages, including Conversations, are screened using automated tools and reviewed by our Compliance Team, and Content that appears to break our rules may be blocked before it is published or delivered, or held until it has been reviewed. By using Jask, you consent to this screening. We may remove, block, or limit the visibility of any Content, and restrict, suspend, or terminate any account, in our discretion. No screening system catches everything, and our review of Content does not make us responsible for it.
Enforcement
We enforce our rules on a consistent escalation path. Depending on the violation, we may remove Content, issue a warning, limit features or visibility, withhold earnings associated with the violation, or suspend or terminate the account, and repeated violations lead to stronger action. Some violations end an account on the first occurrence, including any Content involving a minor, any offer or sale of sexual services, non-consensual intimate imagery, threats of violence, trafficking, and fraud against Jask or its Users. A User whose account we terminate may not open another, and we may close any new account we identify as theirs without notice. We keep a record of every enforcement action, and we may share it with our payment processors, acquiring banks, and law enforcement where they request it.
Appeals
You may appeal any moderation or enforcement decision as described in the Appeals section of our Complaints Policy.
Never Send Money Outside Jask
Never send money to anyone you meet on Jask other than through Jask's payment system. If a User asks you for money outside Jask, for any reason, it is very likely a scam. Please report it to us right away.
Online Conversations Only
Jask is designed for online Conversations only. Advisors may not move a Client they met through Jask to a phone call outside Jask, another platform, or an in-person meeting, and may not solicit or accept payment outside Jask. If you are asked to do any of these things, report it through our Complaints form.
Law Enforcement
We cooperate with law enforcement and with valid orders from courts of competent jurisdiction, including requests to disclose the identity or location of a User suspected of breaking the law or these Terms, as described in our Legal Requests policy and our Privacy Policy.
Your Content
You keep ownership of your Content, and you are solely responsible for it and for the consequences of sharing it. You grant Jask a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, transmit, display, and process your Content as needed to operate, provide, secure, and improve Jask, including delivering your messages to the Users you send them to and reviewing Content as described in Section 6. This license continues after you stop using Jask for as long as we keep your Content as described in our Privacy Policy. You represent that you have all the rights needed to share your Content and to grant this license.
Content Featuring Other People
If you are an Advisor, you must ensure that your Content complies with our Community Guidelines. You will not share photographs, video, audio recordings, or personal information of any other identifiable person without that person's consent, and we may ask you to show us that you have it. You will never share Content depicting any person under eighteen (18) years of age. You are solely responsible for any claim arising from Content you share about another person, and you agree to release us from, and hold us harmless against, any such claim.
Advisor Profiles
If you are an Advisor, you grant Jask and its affiliates, distribution partners, and service providers a worldwide, non-exclusive, royalty-free license to use, copy, display, and distribute, in any media now known or later developed, the information you post for public display on Jask, including your Advisor name, likeness, photos, profile description, any names, trademarks, or logos in your profile, categories, rates, availability, Conversation statistics, and any ratings and reviews you receive, both to operate Jask and to advertise and promote Jask and your profile.
Ratings and Reviews
If Jask offers ratings, reviews, or other feedback features, and you submit feedback about an Advisor or about Jask, you grant Jask the same license described under Advisor Profiles to that feedback and to your username, so that we can display it on Jask and use it to advertise and promote Jask. Ratings and reviews must be honest and based on your own experience.
Readings You Receive
If you are a Client, the Advisor grants you a personal, non-exclusive, non-transferable license to view the Content they send you in your Conversations for your own private, non-commercial use, subject to Section 6.
Usernames and Profile Addresses
You have no ownership rights in any username, Advisor name, or profile address (URL) on Jask. We may change, reclaim, or reassign them, including after your account has been inactive or closed.
Your License to Use Jask
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Jask for its intended purpose. We may end this license at any time. Except for this license, you receive no rights in Jask.
Jask's Intellectual Property
Jask and everything on it, other than Users' Content, including its software, design, text, graphics, logos, features, and functionality, are owned by Jask or its licensors and are protected by copyright, trademark, and other laws. "Jask" and our logos, product names, and slogans are our trademarks, and you may not use them without our prior written permission. All other names and marks on Jask belong to their respective owners. You may not remove or change any copyright, trademark, or other proprietary notice on Jask.
Copyright Infringement
We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). To submit a notice or counter-notice, please follow the instructions in our DMCA Policy, which also lists our designated Copyright Agent. If you knowingly and materially misrepresent that material is infringing, you may be liable for damages under 17 U.S.C. § 512(f). In appropriate circumstances, we will disable or terminate the accounts of repeat infringers.
We may verify your age, identity, payment information, payout account ownership, tax information, or other details, directly or through third-party verification providers, before letting you use some or all of Jask, and you agree to provide the information we request. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your account and the information you provide. If you submit a photo ID, selfie, or video for verification, you consent to us and our verification providers collecting, using, and storing biometric information, such as a scan of your facial geometry, for that purpose, as described in our Privacy Policy. We prohibit money laundering and the financing of illegal activity. If you do not pass our verification, fail to provide requested information in a timely manner, appear on a sanctions list such as OFAC's Specially Designated Nationals list, or we suspect money laundering or fraud, we may refuse to open or process transactions on your account, limit features, or suspend or terminate your account, and we may report suspicious activity to regulators or law enforcement. You represent that the funds you use on Jask do not come from any illegal source.
Devices and Data Charges
You are responsible for your own Internet access, devices, and software. Your mobile carrier or Internet provider may charge you for data, messaging, or other usage, and any dealings with them, including those charges and any promotions they offer, are solely between you and them. You can turn off push notifications from our apps at any time in your device settings.
App Store Purchases
If you download our app or make purchases through the Apple App Store, Google Play, or another app store ("App Store"), you also agree to that App Store's terms and policies. If you buy Credits through an App Store's in-app payment system, that purchase is processed by the App Store, and refund requests for it must be made to the App Store. Our Satisfaction Guarantee still applies to Conversations paid for with those Credits, as described there.
Additional Terms for Apple Users
If you use our app on an Apple device, you and Jask agree that: (i) these Terms are between you and Jask only, not Apple Inc. ("Apple"), and Jask, not Apple, is solely responsible for the app and its content; (ii) your license to use the app is a non-transferable license to use it on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing; (iii) Apple has no obligation to provide any maintenance or support for the app; (iv) if the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the app (if any) to you, and to the maximum extent permitted by law, Apple has no other warranty obligation regarding the app; (v) Jask, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws; (vi) Jask, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any claim that the app or your possession and use of it infringes a third party's intellectual property rights; (vii) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any applicable third-party terms, such as your wireless data service agreement, when using the app; and (ix) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Questions, complaints, or claims about the app may be sent to us using the contact information in Section 19.
Jask may include links to websites, apps, or services operated by Users or other third parties, and we use third-party service providers to help operate Jask. We do not control and are not responsible for third-party websites, services, content, terms, or policies, and we make no warranties about them, including about their accuracy, safety, or freedom from viruses or infringement. Your use of any third-party website or service is at your own risk and is governed by that third party's terms. You may need to agree to a service provider's terms (for example, a payment processor's or verification provider's) to use certain features of Jask.
JASK, ALL CONVERSATIONS, AND ALL SERVICES, CONTENT, AND OTHER MATERIALS OBTAINED THROUGH JASK ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JASK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING JASK, THE SERVICES OF ADVISORS, AND ALL COMMUNICATIONS BETWEEN USERS, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT JASK WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DATA OR CONTENT WILL NOT BE LOST, OR THAT JASK WILL MEET YOUR NEEDS. NO SYSTEM IS COMPLETELY SECURE, AND WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED RECORDING, ACCESS, OR RELEASE OF YOUR INFORMATION OR CONTENT BY USERS OR THIRD PARTIES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT THAT JURISDICTION ALLOWS.
TO THE FULLEST EXTENT PERMITTED BY LAW, JASK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH JASK, ANY CONVERSATION, OR THESE TERMS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR THE CONDUCT OF ANY USER OR THIRD PARTY, ONLINE OR OFFLINE, FOR ANY SERVICES PROVIDED OR NOT PROVIDED BY ADVISORS, OR FOR ANY INTERRUPTIONS, ERRORS, OR UNAVAILABILITY OF JASK.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO JASK OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES JASK ACTUALLY EARNED FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) TWO HUNDRED DOLLARS ($200).
The limit above does not apply to amounts we owe you under Section 7 (such as refunds of unused purchased Credits) or Section 8 (such as earned Advisor payouts). Nothing in these Terms, including the release in Section 4 and Appendix A, limits or excludes liability for our gross negligence, willful misconduct, or fraud, or any other liability that cannot be limited or excluded by law. These limitations apply to the fullest extent permitted by law. If a jurisdiction does not allow certain limitations, they apply only as far as that jurisdiction allows. For residents of New Jersey, nothing in these Terms limits your ability to recover damages or attorneys' fees where a statute requires it.
You agree to defend, indemnify, and hold harmless Jask and its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against all claims, losses, damages (actual and consequential), liabilities, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (i) your misuse of Jask, (ii) your Content, (iii) your violation of these Terms or any law, or (iv) if you are an Advisor, the services you provide to Clients. We will give you written notice of any such claim. We may participate in the defense with counsel of our choosing at our own expense, and we may withhold payouts owed to you to offset liabilities and expenses covered by this Section.
18.1 Governing Law
These Terms are governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) with respect to this Section 18, and otherwise by the laws of the State of Florida, without regard to its conflict of laws principles.
18.2 Informal Resolution First
Before starting an arbitration or small claims case, you and Jask each agree to try to resolve the dispute informally. The party with the dispute must send a written notice describing it and the relief requested. Notices to Jask should be sent to legal@jask.co or to the mailing address in Section 19. If the dispute is not resolved within thirty (30) days after the notice is received, either party may begin arbitration. All statutes of limitations and filing deadlines are paused while the parties try to resolve a dispute under this Section 18.2.
18.3 Agreement to Arbitrate
You and Jask agree that any dispute, claim, or controversy arising out of or relating to these Terms, Jask, your relationship with Jask or any of its affiliates, successors, or assigns, or the termination of that relationship, including disputes about the validity, enforceability, or scope of this Section 18 (except as stated in Section 18.5), will be resolved by final and binding arbitration, regardless of when the dispute arose. This includes claims based on contract, tort, statute, fraud, privacy, identity verification, and any other legal theory, and, if you are an Advisor, claims relating to compensation, payouts, classification, discrimination, harassment, or retaliation, to the fullest extent permitted by law. BY AGREEING TO ARBITRATE, YOU AND JASK EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE. This Section 18 survives the termination of these Terms and of your account.
18.4 Exceptions
Either party may (i) bring an individual claim in small claims court if it qualifies and stays there; (ii) ask a court for temporary or preliminary injunctive relief to protect its rights while an arbitration is pending, or for injunctive relief to stop the actual or threatened infringement or misuse of its intellectual property; and (iii) bring a claim before a government agency where the law permits that despite an agreement to arbitrate. This Section 18 also does not apply to claims for workers' compensation, state disability insurance, or unemployment insurance benefits, or to any dispute that an Act of Congress makes not subject to a pre-dispute arbitration agreement.
18.5 Class Action and Representative Action Waiver
YOU AND JASK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only on an individual basis and only to the extent needed to resolve the individual claim. Notwithstanding anything else in this Section 18 or the arbitration rules, only a court, not an arbitrator, may decide disputes about the enforceability, revocability, or validity of this waiver. If a court finally determines that all or part of this waiver is unenforceable as to a particular claim, that claim (and only that claim) must be litigated in court, and the enforceable portion of the waiver will still be enforced in arbitration. To the extent permitted by law, any claim under California's Private Attorneys General Act ("PAGA") must be arbitrated on an individual basis only, and any representative portion of a PAGA claim that cannot be waived must be litigated in court, after the individual claims are arbitrated. Likewise, any claim for public injunctive relief that cannot be waived under applicable law will be severed and decided by a court, after the individual claims are arbitrated.
18.6 Arbitration Procedures
The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, and, where applicable, its Consumer Arbitration Minimum Standards, in effect when the arbitration is filed (the "JAMS Rules"), which are available at www.jamsadr.com. If JAMS is unavailable or unwilling to administer the arbitration, the parties will agree on another administrator, or a court of competent jurisdiction will appoint one. A single neutral arbitrator will decide the dispute. The arbitration will be held by video conference unless the arbitrator decides an in-person hearing is needed, in which case it will be held in the county where you live, unless the parties agree otherwise. The parties may conduct adequate discovery, file dispositive motions, and present witnesses and evidence, and the arbitrator will resolve any disputes about those matters. All applicable statutes of limitations apply. If the JAMS Rules conflict with this Section 18, this Section 18 controls.
18.7 Mass Arbitration
If twenty-five (25) or more similar demands for arbitration are filed against Jask by or with the help of the same or coordinated counsel, the JAMS Mass Arbitration Procedures and Guidelines will apply. The demands may be administered in batches, with a small number of bellwether cases decided first, and all statutes of limitations are paused for demands waiting to be heard. You and Jask agree to cooperate in good faith to carry out this process efficiently.
18.8 Arbitration Costs
You will pay the filing fee required by the JAMS Rules, but never more than the fee you would pay to file the claim in a court where you live. Jask will pay all other arbitration fees and costs, including the arbitrator's fees. Each party will pay its own attorneys' fees and costs, unless the arbitrator awards them under a law that allows the prevailing party to recover them.
18.9 The Arbitrator's Award
The arbitrator must follow applicable law and may award any individual remedy that would be available in court, and no remedy available to you in court is forfeited because of this Section 18. The arbitrator's decision will be in writing, will explain the reasoning, and will be final and binding. Judgment on the award may be entered in any court with jurisdiction.
18.10 Court Proceedings and Severability
Any party may go to court to compel arbitration under this Section 18 or to confirm, vacate, or enforce an arbitration award. Any claim that is not subject to arbitration, and any such court action, must be brought exclusively in the state or federal courts located in Orange County, Florida, and you and Jask consent to the personal jurisdiction of those courts, except that small claims cases may be brought where you live. Except as stated in Section 18.5, if any part of this Section 18 is found unenforceable, the rest of it will remain in effect. This Section 18 replaces any prior agreement between you and Jask about arbitration.
Contacting Us
You can contact us by email at support@jask.co, by phone at (707) 297-9169, or by mail at Jask Technologies, LLC, 2443 Fillmore St #380-2183, San Francisco, CA 94115. Legal notices to Jask under these Terms, including notices under Section 18.2, should be sent to legal@jask.co or to that mailing address. We may send notices to you by email to the address on your account, by notice in Jask or our apps, or by mail. Notices sent by email are effective when sent, and notices sent by mail are effective five (5) days after mailing. Subpoenas and other legal process should be sent as described in our Legal Requests policy, and copyright notices as described in our DMCA Policy.
Electronic Records and Signatures
You consent to entering into these Terms electronically, to receiving notices, disclosures, and other communications from us electronically, and to our use of electronic records to store information related to these Terms and your use of Jask. When you click "I agree," "I accept," or a similar button or checkbox, that is your legally binding electronic signature. You may request a paper copy of these Terms or of other records relating to your account by emailing support@jask.co.
Emails From Us
You agree that we may email you about your account and transactions, and send you news, offers, and other marketing messages. You can opt out of marketing emails at any time using the unsubscribe link in any marketing email. We will still send you account and transaction messages.
Entire Agreement
These Terms, together with the policies incorporated into them, are the entire agreement between you and Jask about Jask and replace any prior agreements on that subject. A printed version of these Terms and of any notice given electronically will be admissible in any legal proceeding relating to these Terms.
Payment Processor Requirements
Our ability to accept payments depends on the rules of our payment processors, our acquiring banks, and the card networks. You agree that your use of Jask, including all Content you share and all services you offer, must comply with those rules as well as with these Terms. We may remove Content, restrict features, withhold payouts, or suspend or terminate any account where we reasonably believe that continued activity would breach those rules. We may also disclose information about your account and your transactions to a payment processor, acquiring bank, or card network where they request it in connection with their oversight of our business.
Assignment
You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms or any of our rights or obligations under them without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Jask, except for the limited payment collection agency described in Section 8. Neither party may bind the other to any contract.
Severability and No Waiver
If any provision of these Terms is found invalid or unenforceable, in whole or in part, the rest of that provision and the rest of these Terms will remain in effect, except as stated in Section 18.5. Our failure to enforce any right or provision of these Terms, or to act on any breach, is not a waiver of that right or of our right to act on later or similar breaches.
No Third-Party Beneficiaries
Except as stated in Section 13 for Apple, these Terms do not give any rights or remedies to anyone other than you and Jask.
Force Majeure
We are not responsible for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, power or Internet outages, failures of telecommunications or hosting providers, and cyberattacks.
Where Jask Is Available
We make no representation that Jask is appropriate or available in every location, and Jask is void where prohibited or restricted by law. If you use Jask from outside the United States, you are responsible for complying with local laws. You may not use or export Jask, or any software that is part of it, in violation of U.S. export control or sanctions laws, including to any embargoed country or prohibited person. We may restrict access to Jask in any jurisdiction.
Interpretation
Headings are for convenience only and do not affect the meaning of these Terms. "Including" means "including, but not limited to." These Terms are written in English, and if they are translated, the English version controls.
Survival
Sections 4, 5, 6, 7 (as to amounts owed and refunds of unused Credits), 8 (as to payouts, adjustments, and taxes), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20, Appendix A, and any other provisions that by their nature should survive, will survive the termination of these Terms or your account.
In addition to the release in Section 4, you waive any law that would otherwise limit the release to claims you know or suspect exist, as follows:
California: You waive your rights under California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Montana: You waive your rights under Montana Code Annotated Section 28-1-1602, which says: "A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor."
North Dakota: You waive any rights you may have under any statute, regulation, common law, or public policy relating to unknown claims, including North Dakota Century Code Section 9-13-02, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which if known by the creditor, must have materially affected the creditor's settlement with the debtor."
South Dakota: You waive any rights you may have under any statute, regulation, common law, or public policy relating to unknown claims, including South Dakota Codified Laws Section 20-7-11, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
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