JustAI.media User Terms – Effective 28 August 2023
We’re updating some of our terms and conditions for JustAI.media.
The updates are designed to make our terms and conditions clearer and easier to read, ensuring further transparency for you as a user.
You don’t have to do anything to accept the updated terms and conditions. They come into effect August 28, 2023.
About us and these terms
- Hi, you will come to know me as Jam. Welcome to JustAI.media, a subscription service for digital Items created by designers and creatives from around the world. When we say ‘we’, ‘us’ or ‘Just AI’ it’s because that’s who we are and we own and run the JustAI.media platform.
- When you create a Just AI account and accept these terms you become a member of our community. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the JustAI.media platform is conditional on your acceptance to be bound by these terms whether you become a member or not.
- The Items on JustAI.media are owned by the respective rights holder (ie. the author).
How browsing and membership works
- Browsing: You need to be 16 years or over to browse JustAI.media. We don’t knowingly collect any information from anyone aged under 16 years. When browsing JustAI.media, these terms and conditions, and any other applicable guidelines, policies and instructions, apply to any use of JustAI.media whether or not you’re a member.
- Content available to browsing users: On certain parts of JustAI.media (such as the JustAI.media WordPress plugins), a limited range of content is made available to you without the requirement of an JustAI.media membership or subscription.
Becoming a Subscriber
- Age: You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
- Authority to agree to these terms: If you are a company or organization, both you and the real person who signs up on your behalf, represent and warrant that this person has the authority to bind your company or organization.
- Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable. You are responsible for any use of JustAI.media that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Third party products and services:
- As a Subscriber you may also have access to, or be eligible for special offers in relation to, products and services provided by our partnered suppliers (Third Party Offers). Information about Third Party Offers will be published on our website.
- You have no obligation to redeem any Third-Party Offer. However, if you choose to do so, then you will be buying the relevant product and/or service from the supplier and not from us.
- The redemption of a Third-Party Offer is subject to terms and conditions set by our partners. You should read and make sure that you agree to the applicable terms and conditions before redeeming any Third-Party Offer.
- The description of products and services forming part of a Third-Party Offer published on our site, and any associated links, have been provided to us by the suppliers. While we have made reasonable efforts to check the accuracy of the descriptions, the suppliers are solely responsible for any representations contained in those descriptions. Further, we do not endorse or assume any responsibility for those products and services.
- The suppliers might make, or be required by relevant laws to make, other promises to you as a consumer. Check their terms and conditions to see what they say.
Transacting as a Subscriber:
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- You can pay for your subscription bank transfer or credit card. You may be required to pay a handling fee depending on the method of payment you choose.
- By signing on as a Subscriber you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you. You agree that at the conclusion of a time-limited free trial or introductory offer, your subscription will automatically renew at the pricing and frequency notified to you at the start of the trial or offer.
- In the event that you select an ongoing, regular payment method (for example a monthly credit card or bank debit payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under our terms of service will also be suspended.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to your JustAI.media subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when subscribing to JustAI.media, which we have no control over.
- Terms of subscribing: When you subscribe to JustAI.media, you do so on the following terms:
a. you promise to us that you understand what you can and can’t do with your downloaded items;
b. we and the authors do not promise that any particular Item will continue to be available on JustAI.media;
c. once you register an Item, you acquire a non- exclusive license to use the Item (non-exclusive means others might also license the same Item); and
d. you do not gain any ownership rights in a downloaded Item.
Taxes:
The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.b. You are responsible for paying all other fees and taxes associated with your use of JustAI.media wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Refunds and cancellations
It is important that you understand how refunds work.
- Refunds: Given the nature of digital content, we do not generally offer a refund on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment or as required under United States consumer law or other relevant consumer protection laws. If you would like to request a refund you should contact us using the appropriate form on our website.
- We will assess refund requests on their merits. There is generally no obligation to provide a refund in situations like the following:
- you have changed your mind about your subscription;
- you subscribed by mistake;
- you do not have sufficient expertise to use the Items made available;
- you ask for goodwill; or
- you can no longer access any of your desired Items because they have been removed from JustAI.media (we advise you to download Items as soon as you license them to avoid this situation).
- If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in the currency Just AI offered to you when you purchased your subscription (i.e., US Dollars).
- Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your JustAI.media subscription and your Just AI account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
- Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere. Any credit we apply to your subscription is not a deposit under United States law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
- Cancellation: You can cancel your JustAI.media subscription membership at any time, and you will continue to have access to the JustAI.media library through to the end of the then current billing period.
- To avoid doubt, unless you are canceling your membership due to us making a change to our terms that materially affects you to your detriment (see section 52), you will not receive a refund for the remainder of your billing period.
- If you cancel your membership, your account will automatically close at the end of your current billing period and you will not be able to download any new items (including previously licensed items), or use items as part of any project, even if you have downloaded the item prior to cancellation.
Intellectual Property
- What we own: We own all the Just AI Content that we have put on JustAI.media (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the JustAI.media site, and copyright, trademarks, designs and other intellectual property on JustAI.media. We own all the trademarks, logos, service marks and trade names on JustAI.media (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Just AI Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own: We do not own all of the Items on JustAI.media; However, we may the right to sublicense the Items to you.
Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or any content on JustAI.media infringes any intellectual property right (including copyright).
Our use of your information
- Privacy: We respect your privacy and process your information in accordance with our Privacy Policy.
Our Privacy Policy explains how we deal with your information.
- Confidential Information: We value your information and take reasonable precautions to protect it. While using JustAI.media, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through JustAI.media to any other person.
Playing fair
- Prohibited Conduct: Your use of JustAI.media, including the content and the Items, must comply with our policies.
Linking; apps made by others
- Linking to JustAI.media: We reserve the right to insist that any link to JustAI.media be discontinued, and to revoke your ability to link to JustAI.media.
- Links from JustAI.media: The JustAI.media platform and Item downloads may contain links to other non-Just AI sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
- Affiliate Considerations: We always aim to provide unbiased editorial created by us. We also need to pay our teams and website costs so we make money in a number of ways. We sometimes use affiliate links to products and services on retailer sites for which we can receive compensation if you click on those links or make purchases through them. From time to time we also publish advertorials (paid-for editorial content) and sponsored content on the site. When this is the case the content is clearly marked as sponsored or promoted, so you’ll always know which content is editorial and which is not.
Legal Housekeeping
- Eligibility, suspension or termination: Being a Subscriber is not an automatic right, it is a benefit for those who follow our terms and policies. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of JustAI.media complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or others harm.
- If we do decide to permanently terminate your Just AI account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Just AI accounts you use on other Just AI sites.
- Just AI Companies: If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit’) is given in our favor in these terms or the JustAI.media License we hold that benefit on trust for the other Just AI Companies. We may enforce that benefit as trustee for and on behalf of the other Just AI Companies as beneficiaries under that trust.
- We may use the services of another Just AI Company to collect payment or carry out other activities with you to bring you JustAI.media.
Pricing
- Geographical pricing: The price of your JustAI.media subscription may vary depending on the country you are in. We may offer special plans, prices or offers limited to certain geographical areas or for a limited time. We may use information such as geographical location information, or other information associated with your account or method of payment to determine your eligibility for a price, plan or offer. Eligibility for certain plans, prices or offers are determined by us at our sole discretion and we reserve the right to adjust the pricing for your subscription in the event that we determine you are not eligible for a particular plan, price or offer, on the basis of your geographic location.
- Changes to prices: We may change our pricing at any time; however, any price changes will apply no earlier than 21 days following notice to you.
Liability and indemnity – between us and Subscribers
- You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of JustAI.media, any Item or the products or services forming part of any Third Party Offer (excluding any losses we incur arising out of our own gross negligence, willful misconduct or breach of contract).
- To the extent permitted under the law, JustAI.media, the Items and all Third-Party Offers are made available to you on an “AS IS” basis. Subject to clause 45, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Our liability to you in connection with JustAI.media or these terms, in contract, tort (including negligence) or otherwise, is limited as follows in item 53 and 54:
- We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense, except where such loss is caused by our gross negligence, willful misconduct or breach of contract; and
- Our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your JustAI.media subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
- Availability: We strive to have JustAI.media available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access JustAI.media, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how JustAI.media works, including the kinds of Items available on JustAI.media. Where possible, we will give you reasonable prior notice of these changes. The Just AI Companies will not be liable to you for any loss you suffer as a result of these things.
- Third party: If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to JustAI.media.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, and otherwise to the maximum extent permitted by law, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
- Blocking you, disabling your subscription or refusing to process a payment: We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the United States government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your Just AI accounts you use on other Just AI sites. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
- US-specific controls: JustAI.media is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export JustAI.media Items to a U.S. sanctioned country or to anyone on the SDN list.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
- Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to the email address you provided to us.
- Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes before they take effect. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment we will give you reasonable prior notice about the change, before it takes effect, and you may cancel your JustAI.media subscription in accordance with section 22 above. However, if you continue to use JustAI.media after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of Items, could have a material effect on the amount of value you get out of JustAI.media. - Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
- Applicable Laws: We control and operate JustAI.media from our offices in the United States. The laws of the State of Colorado govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Definitions
Just AI Companies: Just AI and any company that controls, is controlled by or is under common control with Just AI, Tracken Enterprises or JustAI.media.
Just AI Content: is all the content that we have put on JustAI.media and includes the design, compilation, and look and feel of JustAI.media, and copyright, trademarks, designs and other intellectual property on JustAI.media (unless otherwise stated and excluding content owned by others like author content)
Handling fee: the fee Subscribers may pay, depending on their subscription payment method.
Items: digital goods found on JustAI.media, which may (but won’t necessarily) include goods like training materials, affiliate links, templates, WordPress themes, background music, project files, photography and much, much more.
Subscriber: a person who signs up by creating an account and accepting these terms.
Payment method: any payment agent or method we make available on JustAI.media.