Terms of service

Welcome to Jam. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: hello@jam.dev

These Terms of Use (the “Terms”) are a binding contract between you and WE ARE JAM, INC. (“Jam,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (Additional Terms), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://jam.dev, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Jam takes the privacy of its users very seriously. For the current Jam Privacy Policy, please click here.

What are the basics of using Jam?

To use the Services, you may be required to sign up for an account. You must provide accurate and complete information for your account and keep all such account information updated. To the extent the Services enable you to create additional user accounts in connection with your account, you may do so for your employees, contractors and agents. You shall not permit more than the authorized number of authorized users to use your account in any manner, and shall not, nor shall you permit any of your authorized users, to share any access credentials for the Services with any other individuals or entities. You are solely responsible for the activity that occurs on your account, including on authorized user accounts, whether or not authorized, and for keeping all access credentials associated with your account, including authorized user accounts, secure. You agree to promptly notify Jam of any breach of security or unauthorized use of your account.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and/or GitHub. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Jam sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  • infringes or violates the intellectual property rights or any other rights of anyone else (including Jam);
  • violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Jam;
  • is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • copies or stores any significant portion of the Content, except as otherwise enabled through the functionality of the Services; or
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Jam's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Jam owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to Jam or to other users?


User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are in compliance with all applicable laws, rules and regulations.

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant Jam a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions to operate the Services, including to display User Submissions to other users within your organization. We may also aggregate or de-identify information from your User Submissions in order to perform research and development and otherwise improve our products and services, but we will not publicly distribute such information in a way that identifies you or your organization.

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Jam to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that Jam, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

You represent and warrant that you have all rights to grant the foregoing licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.



Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to websites or services of third parties that are not owned or controlled by Jam. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Jam is not responsible for such risks.

Jam has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Jam will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other third parties. You agree that Jam shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Jam is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Jam, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “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.”

How is my information protected?

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. However, either party may disclose Confidential Information (i) to its employees, officers, directors, attorneys, auditors, financial advisors and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (ii) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof, will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure, and agrees to maintain Confidential Information of the other party in confidence using measures no less secure than those used to maintain confidentiality of the party’s own Confidential Information. “Confidential Information” means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. However, “Confidential Information” will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

We employ a number of technical, organizational and physical safeguards designed to protect the Confidential Information you provide. However, no security measures are failsafe and we cannot guarantee the security of your Confidential Information.

Will Jam ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

  • Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. We reserve the right to change, or begin charging, fees for some or all Services in the future.
  • Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at hello@jam.dev; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Jam is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Jam has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Jam.

If you have deleted your account by mistake, contact us immediately at hello@jam.dev – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?


Warranty Disclaimer

Jam and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Jam and all such parties together, the “Jam Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Jam Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Jam Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY Jam (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Jam PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO Jam IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold the Jam Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Jam's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Jam and limits the manner in which you can seek relief from Jam. Both you and Jam acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Jam's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

  • Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Travis County, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  • Costs of Arbitration. The Rules will govern payment of all arbitration fees. Jam will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Jam will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  • Small Claims Court; Infringement. Either you or Jam may assert claims, if they qualify, in small claims court in Travis County, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
  • Waiver of Jury Trial. YOU AND Jam WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Jam are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Jam over whether to vacate or enforce an arbitration award, YOU AND Jam WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Jam is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
  • Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 4806 Ribbecke Ave, #B, Austin, TX postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
  • Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Jam to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Jam agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Travis County, Texas, or the federal district in which that county falls.
  • Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Jam.


Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Jam may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Jam agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Jam, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Jam, and you do not have any authority of any kind to bind Jam in any respect whatsoever. Except as expressly set forth in the sections above regarding the arbitration agreement, you and Jam agree there are no third-party beneficiaries intended under these Terms.

Data Processing Agreement.

This section is applicable when you are a data controller in the European Union.

This Data Processing Agreement (hereinafter referred to as “DPA") has been executed by and between Jam and you.

In this DPA, Jam and you shall be referred to as "Party" individually and "Parties" jointly.

Regarding the processing activities undertaken by the Parties, we will act as Processors, and you will act as Controllers.

The terms "Controller", "Data Subject", "Personal Data", "Data Breach", "Process" and "Processor" have the same meanings as described in the General Data Protection Regulation (GDPR) and cognate terms shall be construed accordingly.


We will process personal data (“Personal Data”) on your behalf, and shall act as your Processor and undertake to comply with the GDPR and these Clauses in accordance with and for the purposes of Article 28 of the GDPR, upon accepting our Terms of Service and start using our the Contract and for the duration of the Contract.

We undertake to carry out the Personal Data processing operations in accordance with the obligations imposed by the GDPR, these Clauses and the instructions subsequently issued by the you solely related to the activities pursuant to the Terms of Service.

We will take reasonable measures to inform you when, in our opinion, we consider that an instruction you may issue violates the GDPR or other legal provisions of national or Union law on data protection.

These clauses reflect your instructions. You may also issue subsequent instructions during the processing of personal data, but they must always be strictly related to the provisions of the Service under the Terms of Service, documented and kept in writing, including in electronic form, and communicated in advance.


The instructions shall include at least the following details of the processing:

  • subject-matter: Performance by the Processor (“us”) of the services covered by the Terms

  • duration of the processing: Personal Data will be stored only as long as necessary for the performance of the services under the Terms of Service unless there are deletion or return instructions from you before stop using our Service;

  • nature and purpose of processing: Carrying out the necessary processing operations with regard to Personal Data in order to achieve the purposes pursued by the execution of the services under the Terms of Service;

  • type of personal data: Depending on your actual use of the Service provided under the Terms of Service, they may cover data in the following categories: screen recordings and any personal data that you choose to disclose during the recorded sessions

  • categories of data subjects : Depending on the actual use of the Service provided under the Terms of Service the categories of data subject may include you, your employees, your customers

We and any person acting under our authority who has access to personal data shall process them exclusively in accordance with the instructions received from you, solely for the purpose of and not for any other purpose or in any other way, unless we are bound to do so by the applicable laws.

We take the necessary measures to ensure that our employees or collaborators who are authorised to carry out any operation relating to the processing of Personal Data will do so only on a need-to-know basis and in accordance with these clauses.

We ensure that these authorized persons are subject to confidentiality undertakings or professional or legal obligations of confidentiality and that they are duly trained on the principles and measures relating to the protection of Personal Data.

The Processor shall take and maintain all security measures referred to in Article 32 of the GDPR, as well as any other appropriate preventive measure to ensure the security of the personal data and avoid data processing that is not permitted or that is not by the purposes of the Terms of Service and the provisions of the GDPR.

In the event of a personal data breach affecting the data processed on your behalf, we will take reasonable measures to inform you immediately when we become aware of such a data breach. If you are using our paid Service we will strive to notify you within 48 hours.

If you are using our paid services, we shall reasonably assist you in complying with the obligations relating to the handling of requests to exercise data subjects' rights, the security of personal data, namely those relating to data protection impact assessment and prior consultation, the handling of requests received from public authorities, including the supervisory authority.

  • The Processor will return all original documents and will delete or destroy all materials in any medium containing personal data, unless there is a legal obligation for the Processor to store that data. The Processor may continue to retain documents containing personal data where applicable law requires the storage of such personal data (for example, including, but not limited to, legal tax, financial and accounting, archiving obligations).
  • The Processor shall provide the Controller with all materials, documents or other information reasonable and necessary to enable the Controller to confirm that the Processor has acted in accordance with its data protection obligations under these Clauses.
  • Only by way of exception and only to the extent that the materials, documents and information provided by the Processor to the Controller in accordance with the previous clause would not be sufficient to assess the compliance of the Processor with the data protection obligations under these Clauses, the Controller shall have the right to conduct an inspection at the premises of the Processor. The request for such inspection shall be communicated to the Processor by the Controller at least 5 days in advance.
  • The Controller shall grant the Processor a general written authorization to engage subcontractors. The list of sub-processors, as well as any subsequent changes to the list, shall be communicated by the Processor to the Data Controller. The Data Controller shall have the right to object to the amendment of the list within 30 days of the communication by the Processor, stating the reasons.    
  • Where the Controller grants the Processor written consent to disclose personal data to its sub-authors, the Processor shall, prior to such disclosure, enter into a valid and enforceable written contract with such sub-processors, which contract shall include terms that (i) are substantially identical to the obligations applicable to personal data as set out in these clauses, (ii) require that such sub-authors comply with the terms and conditions of these clauses with respect to the processing of personal data.

Cross Border Data Transfer Addendum (applicable only for EU, UK and Swiss customers)

1. Definitions

For purposes of this Addendum, the terms below shall have the meanings set forth below. Capitalized terms that are used but not otherwise defined in this Addendum shall have the meanings set forth in the Agreement.

 "Standard Contractual Clauses” means, depending on the circumstances unique to Customer, any of the following:

UK International Data Transfer Addendum, or;

EU 2021 Standard Contractual Clauses ("EU SCCs")

"UK International Data Transfer Addendum" means: the UK International Data Transfer Addendum (“IDTA”) to the EU Commission Standard Contractual Clauses (“EU SCCs”) issued by the UK Information Commissioner for Parties making Restricted Transfers (as may be amended, updated, or superseded from time to time).

“2021 Standard Contractual Clauses” means the Standard Contractual Clauses approved by the European Commission in decision 2021/914.

2. Cross Border Data Transfers

2.1. The parties agree that the 2021 Standard Contractual Clauses will apply to personal data that is transferred via the Service from the European Economic Area, either directly or via onward transfer, to any country or recipient outside the European Economic Area that the European Commission does not recognize as providing an adequate level of protection for personal data. For data transfers from the European Economic Area that are subject to the 2021 Standard Contractual Clauses, the 2021 Standard Contractual Clauses will be deemed entered into (and incorporated into this Addendum by this reference) and completed as follows:

2.2.1. Module Two (Controller to Processor) of the 2021 Standard Contractual Clauses will apply when you are the controller of personal data and we process personal data on your behalf.

2.2.2. Module Three (Processor to Processor) of the 2021 Standard Contractual Clauses will apply where you are a processor of personal data and we are your sub-processor.

2.2.3. For each Module, where applicable:

  • 2.2.3.1. in Clause 7 of the 2021 Standard Contractual Clauses ,the optional docking clause will not apply;

  • 2.2.3.2. in Clause 9 of the 2021 Standard Contractual Clauses, Option 2 “General Written Authorisation” will apply

  • 2.2.3.3. in Clause 11 of the 2021 Standard Contractual Clauses, the optional language will not apply;

  • 2.2.3.4. in Clause 17 (Option 1), the 2021 Standard Contractual Clauses will be governed by Estonian law;

  • 2.2.3.5. in Clause 18(b) of the 2021 Standard Contractual Clauses, disputes will be resolved before the courts of Estonia;

  • 2.2.3.6. in Annex I, Part A (List of Parties) of the 2021 Standard Contractual Clauses:

    • 2.2.3.6.1. Data Exporter: You

    • 2.2.3.6.2. Contact details: The email address(es) you used to create an account with us to use our service.

    • 2.2.3.6.3. Data Exporter Role: The parties acknowledge and agree that, regarding the processing of personal data, you may act either as a controller or processor and we as a processor. We will process personal data in accordance with your instructions as outlined in Section 3, “Processing Terms”, of the Data Protection Agreement.

    • 2.2.3.6.4. Signature and Date: By accepting the Terms of Service and by using the Service, Data Exporter is deemed to have signed these Standard Contractual Clauses incorporated herein, including their Annexes.

    • 2.2.3.6.5. Data Importer: We are Jam, Inc.

    • 2.2.3.6.6. Address: 4806 Ribbecke Avenue B Austin, TX 78721 US

    • 2.2.3.6.7. Contact details: Dev.Jam DPI –  hello@jam.dev

    • 2.2.3.6.8. Data Importer Role: The parties acknowledge and agree that with regard to the processing of personal data, you may act either as a controller or a processor, and we are a processor. We will process personal data in accordance with your Instructions as set forth in Section 3 “Processing Terms” of the Data Protection Agreement.

  • 2.2.3.6.9. Signature and Date: By providing the service under the Terms of Service, Data Importer is deemed to have signed these Standard Contractual Clauses, incorporated herein.

  • 2.2.3.7. in Annex I, Part B (Description of Transfer) of the 2021 Standard Contractual Clauses:

    • 2.2.3.7.1. The categories of data subjects are described in Section 3 “Processing Terms” of the Data Protection Agreement.

    • 2.2.3.7.2. The categories of personal data transferred is described in Section 3 “Processing Terms” of the Data Protection Agreement.

    • 2.2.3.7.3. The parties do not foresee that sensitive data transferred is transferred.

    • 2.2.3.7.4. Signature and Date: By accepting the Terms of Service and by using the Service, Data Exporter is deemed to have signed these Standard Contractual Clauses incorporated herein, including their Annexes.

    • 2.2.3.7.5. The nature of the processing is described in Section 3 “Processing Terms” of the Data Protection Agreement.

    • 2.2.3.7.6. The purpose of the processing is described in Section 3 “Processing Terms” of the Data Protection Agreement.

    • 2.2.3.7.7. The period for which personal data will be retained and the criteria used to determine that period is described in the Privacy, Security and Compliance Section of our website an at Section 9 “Data Retention” of the Data Protection Agreement.

  • 2.2.3.7.8. Transfers to Sub-processors is described in Section 10 “Sub-Processors” of the Data Protection Agreement.

  • 2.2.3.8. in Annex I,Part C of the 2021 Standard Contractual Clauses: The Irish Data Protection Commission will be the competent supervisory authority.

  • 2.2.3.9. The content of Section 5 “Technical and organizational measures” of the Data Protection Addendum serves as Annex II of the Standard Contractual Clauses.

2.3. Switzerland Data Transfers. With respect to any transfer of personal data outside of Switzerland or of Personal Data governed by the Switzerland Federal Act on Data Protection (“FADP”) (and the revised FADP (“revFADP”), when in effect), to a third country (without an adequacy decision or its equivalent issued by the European Commission or the relevant authority in Switzerland), the Parties agree that the EU SCCs in this Addendum shall apply, subject to the following terms and conditions:

2.3.1. References: The terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted to include the FADP and, when applicable, the revFADP.

2.3.2. Clause 13: Insofar as the Personal Data transfer is only subject to the FADP/revFADP, the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland is the exclusive supervisory authority.  Insofar as the transfer of Personal Data is governed by both the GDPR and the FADP/revFADP, the competent supervisory authority with parallel supervision (in accordance with Annex I.C of the EU SCCs) is the FDPIC and insofar as the transfer is governed by the GDPR, the criteria of Clause 13(a) for the selection of the competent authority must be observed.

2.3.3. Clause 17: The EU SCCs shall be governed by Swiss law, if the transfer is subject solely to FADP/revFADP, or, in other cases, the law of one of the EU Member States, provided such Member State law allows for third-party beneficiary rights.

2.3.4. Clause 18(b): Any dispute arising from the EU SCCs shall be resolved by the courts of Switzerland, if the transfer is subject solely to FADP/revFADP, or an EU Member State in other cases.

2.3.5. Clause 18(c): The term “Member State” must not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the EU SCCs.

2.3.6. revFADP: The EU SCCs shall protect the data of legal entities until the entry into force of the revFADP.

2.4. UK International Data Transfer Addendum. The parties agree that the UK International Data Transfer Addendum will apply to personal data that is transferred via the Services from the United Kingdom, either directly or via onward transfer, to any country or recipient outside of the United Kingdom that is not recognized by the competent United Kingdom regulatory authority or governmental body for the United Kingdom as providing an adequate level of protection for personal data. For data transfers from the United Kingdom that are subject to the UK International Data Transfer Addendum, the UK International Data Transfer Addendum will be deemed entered into (and incorporated into this Addendum by this reference) and completed as follows:

2.4.1. Table 1: Parties

  • 2.4.1.1. The Start Date is the date of the last signature of the Parties on this Addendum or the Agreement.

  • 2.4.1.2. The Parties are set forth in Annex I.A of the EU SCCs to which this IDTA is appended.

2.4.2. Table 2: Selected SCCs, Modules and Selected Clauses

  • 2.4.2.1. Addendum EU SCCs

    • 2.4.2.1.1. The version of the Approved EU SCCs to which this IDTA is appended, including the Appendix Information, applies.

2.4.3. Table 3: Appendix Information

  • 2.4.3.1. Annex 1A: List of Parties

    • 2.4.3.1.1. The Parties are set forth in Annex I.A of the EU SCCs to which this IDTA is appended.

  • 2.4.3.2. Annex 1B: Description of Transfer

    • 2.4.3.2.1. The Description of the Transfer is as set forth in Annex I.B of the EU SCCs to which this IDTA is appended.

  • 2.4.3.3. Annex II: Technical and organisational measures including technical and organisational measures to ensure the security of the data

    • 2.4.3.3.1. The technical and organisational measures are set forth in Annex II of the EU SCCs to which this IDTA is appended.

  • 2.4.3.4. Annex III: List of Sub-processors can be consulted here.

    • 2.4.3.4.1. Not applicable.

2.4.4. Table 4: Ending this Addendum when the Approved Addendum Changes:

  • 2.4.4.1. The Exporter and Importer may end this IDTA as set out in Section 19 of the IDTA

2.4.5. Part 2 of IDTA is incorporated herein by reference.

2.5. Conflict. To the extent there is any direct conflict between the Standard Contractual Clauses and any other terms in this Data Protection Agreement, the or the Privacy Policy, the provisions of the Standard Contractual Clauses will prevail.