Terms of Service

1.  Acceptance of Terms

These Terms of Service (‘Terms’) form a legally binding agreement between you (‘User,’ ‘Client,’ or ‘you’) and Joyers Inc. (‘Joyers,’ ‘we,’ ‘our’), a corporation incorporated under the General Corporation Law of the State of Delaware, with its registered address at 8 The Green #21695, Dover, DE 19901.

These Terms govern your use of all Joyers products and services, including: all Joyers digital applications and platforms; all technology-related services provided by Joyers to business clients; the Joyers website (www.JoyersHQ.com); and any other offerings made available by Joyers Inc. now or in the future (collectively, ‘Offerings’).

By accessing any Joyers Offering, you confirm that: (a) you are at least 18 years old; (b) you have the legal capacity to enter this agreement; (c) if acting on behalf of an entity, you are duly authorized to bind that entity; and (d) you are not prohibited from using our Offerings under applicable law. 

Joyers Inc. digital products and services are currently directed at users aged 18 and above. Joyers Inc. may in future phases introduce access for users aged 13 and above across its digital products, subject to full compliance with COPPA and all applicable state laws governing minors’ access to digital platforms. Any such expansion will be accompanied by updated product-specific terms and advance notice to existing users.

Product-Specific Terms: Each Joyers digital product may be governed by additional product-specific terms of service and privacy policy that supplement these parent company terms. Joyers Inc. parent terms establish the general framework governing all products and services. Where a product-specific document exists for a particular Joyers digital product, that document governs with respect to that product’s specific features, mechanics, and user obligations. In the event of any conflict between these Terms and a product-specific document, the product-specific document governs with respect to that product only.

2.  Joyers Offerings

2.1  Digital Products (Apps & Platforms)

Joyers develops, owns, and operates its own digital applications and platforms. These are proprietary products built entirely by and for Joyers Inc. Joyers App is one of our digital products, available on Apple App Store and Google Play.

All Joyers digital products are provided on an ‘as available’ basis. We may update, modify, add, or remove features at any time. We will make reasonable efforts to communicate significant changes in advance but cannot guarantee advance notice in all circumstances. 

2.2  Technology & Digital Services

Joyers provides technology-related services to business clients across mobile, web, and digital channels. These services include, but are not limited to: marketing and advertising services; branding and digital growth services; and other technology-enabled services relevant to business growth and digital presence.

Specific service deliverables, timelines, and terms are governed by a separate Statement of Work (SOW) or service agreement entered into between Joyers and the client. These Terms apply to all service engagements unless superseded by a signed SOW.

2.3  Beta & Experimental Features

Certain features or offerings may be designated as "beta," "experimental," or "early access." These are provided without warranty of any kind and may be changed, limited, or removed at any time without notice or liability. Your use of any beta feature is entirely at your own risk.

2.4  Future Offerings

Joyers is a technology company operating across digital products and services. We may introduce new services, platforms, or business lines over time. Any new offering will be governed by these Terms (as updated at that time) or a separate agreement, as applicable. Nothing in these Terms limits Joyers' ability to expand, pivot, or diversify its business.

2.5  Service Availability

We aim to maintain reasonable availability of our digital products and services but do not guarantee specific uptime levels, particularly during our early access phase. Planned maintenance will be communicated where practicable. Joyers is not liable for unavailability caused by factors outside our reasonable control.

3.  User Accounts & Registration

3.1  Account Creation

Certain features and services require account registration. You agree to provide accurate, complete, and current information and to update it promptly if it changes. We may reject or terminate accounts that contain false or misleading information.

3.2  Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at contact@JoyersHQ.com of any suspected unauthorized access. Joyers is not liable for losses resulting from your failure to maintain account security.

3.3  Account Restrictions

• One account per user; duplicate accounts created to circumvent restrictions are prohibited
• Accounts are personal and non-transferable without our prior written consent
• Business accounts require the holder to have authority to legally bind their organization

3.4  Social Login

The following applies to Joyers digital products where social login is available. Social login is not currently offered on the Joyers Inc. website. Specific data practices for each product are detailed in the product-specific terms.

If you register or log in via third-party OAuth providers (Apple, Google, Facebook), you authorize those providers to share your profile data with us per their own terms. You remain responsible for all account activity regardless of the login method used. 

4.  Acceptable Use Policy

4.1  Permitted Use

Our Offerings may only be used for lawful purposes, in compliance with all applicable local, state, federal, and international laws and these Terms.

4.2  Prohibited Conduct — All Users

• Use our Offerings for any illegal, fraudulent, or unauthorized purpose
• Infringe or misappropriate any intellectual property rights
• Transmit malware, viruses, or any harmful or destructive code
• Attempt to gain unauthorized access to any system, account, or network
• Scrape, crawl, or harvest data from our Offerings without written permission
• Reverse engineer, decompile, or disassemble our software or platforms
• Interfere with or disrupt the integrity or performance of any Joyers Offering
• Impersonate any person, entity, or Joyers representative
• Use automated bots, scripts, or tools to interact with our Offerings without authorization
• Engage in harassment, abuse, or threatening behavior toward any user or Joyers employee
• Collect personal information from other users without their consent

4.3  Additional Restrictions for Business Clients

• Do not submit false, misleading, or unsubstantiated claims about your products or services
• Do not provide materials or audience data that infringe third-party rights or were obtained without proper consent
• Disclose applicable licenses when requesting services in regulated industries (financial, healthcare, gambling, alcohol, or similar)
• Do not use Joyers services to engage in practices that violate applicable advertising laws or platform policies

4.4  Consequences of Violation

Violations may result in immediate suspension or termination of access, forfeiture of paid fees without refund, referral to law enforcement, and/or legal action for damages.

4.5  Non-Discrimination

Joyers does not discriminate against any user for exercising their legal rights, including privacy rights under applicable law. We will not deny access to our Offerings, charge different prices, or provide a degraded level of service to any user solely because they exercised a right under our Privacy Policy or applicable law. This section does not prevent Joyers from offering optional incentive programs related to data collection or use, where permitted by law and with your prior consent.

5.  Intellectual Property

5.1  Joyers Intellectual Property

All software, technology, source code, content, features, designs, graphics, logos, trademarks, service marks (including the JOYERS mark), trade secrets, and other intellectual property embodied in or associated with any Joyers Offering are the exclusive property of Joyers Inc. or our licensors. This applies to all current and future Joyers products and services. Unauthorized use, reproduction, or distribution of any Joyers IP is strictly prohibited.

5.2  Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use our Offerings for your personal or internal business purposes only. This license does not include the right to: resell or commercially exploit our Offerings; copy or distribute our content; create derivative works; or use data mining or extraction tools against our platforms.

5.3  User-Generated Content

The following applies to users of Joyers digital products and platforms. Business clients submitting materials for service engagements are governed exclusively by Section 5.4 of these Terms and not by this Section 5.3.

By submitting content to any Joyers product or platform, you grant Joyers Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, process, adapt, modify, and distribute that content as needed to operate and improve our Offerings. You represent that you own or have sufficient rights to all content you submit and that it does not infringe any third-party rights. 

5.4  Client Materials

Materials provided by business clients for service engagements remain the property of the client. You grant us a limited license to use such materials solely to perform the agreed services. We will handle client materials with reasonable care and return or securely dispose of them upon written request following service completion.

5.5  Copyright / DMCA

To report copyright infringement, contact contact@JoyersHQ.com, Attn: DMCA Notice. Your notice must include: identification of the copyrighted work; location of the infringing material; your contact information; a good-faith belief statement; and a statement of accuracy under penalty of perjury. We will respond to valid notices promptly.

5.6  Feedback

Any ideas, suggestions, or feedback you provide regarding our Offerings may be used by Joyers freely, without compensation, attribution, or obligation to you.

6.  Payment, Billing & Refunds

6.1  Product Purchases (Consumer)

Where Joyers digital products include paid features, subscriptions, or in-app purchases, pricing and payment terms are disclosed at the point of purchase within the relevant product. Purchases made through third-party distribution platforms — including but not limited to the Apple App Store and Google Play Store — are subject to the applicable platform’s own payment, billing, and refund policies. Joyers Inc. has no control over and accepts no responsibility for third-party platform payment policies. Specific terms governing purchases, subscriptions, virtual currency, and in-app transactions for individual Joyers digital products are set out in the product-specific terms of service for that product.

6.2  Business Service Fees

Fees for Joyers technology and digital services are set out in the applicable Statement of Work (SOW) or invoice. Unless otherwise agreed in writing:

• Invoices are due within 30 days of the invoice date
• Late payments may accrue interest at the maximum rate permitted under Delaware law
• Services may be suspended upon reasonable written notice of non-payment
• All fees are in US dollars unless otherwise stated
• Client is responsible for all applicable taxes, duties, and levies

6.3  Disputed Invoices

Written dispute notices should be submitted to contact@JoyersHQ.com within a reasonable time of the invoice date. Undisputed amounts remain due. We will work in good faith to resolve disputes promptly.

6.4  Refunds

• Consumer app purchases: subject to Apple App Store / Google Play refund policies
• Subscriptions: cancel anytime; no refund for the current billing period
• Service engagements: pre-commencement cancellations receive a prorated refund less work-in-progress costs; post-commencement cancellations are non-refundable unless otherwise agreed in the SOW
• Consultations: cancellations with reasonable advance notice receive a full refund; late cancellations forfeit the session fee

7.  Confidentiality

Each party may share confidential or proprietary information with the other in the course of a business relationship. The receiving party agrees to: hold such information in strict confidence using at least the same degree of care it applies to its own confidential information; use it only for the purpose of the applicable engagement; and not disclose it to any third party without prior written consent.

Confidentiality obligations do not apply to information that: (a) becomes publicly known without breach; (b) was known before disclosure; (c) is independently developed; or (d) must be disclosed by law or legal process, with prompt prior notice to the disclosing party where permitted. These obligations survive termination for 5 years.

8.  Technology & Digital Services — Specific Terms

8.1  Scope of Services

Joyers will perform services in accordance with the agreed SOW or service agreement. The scope, deliverables, timelines, and fees for each engagement are defined in that document. These Terms govern all aspects not addressed by the SOW.

8.2  No Guarantee of Results

Joyers provides marketing, advertising, branding, and digital growth services on a best-efforts basis. We do not guarantee any specific outcome, result, performance metric, revenue figure, follower count, impression volume, conversion rate, or return on investment from any service engagement. Digital advertising and marketing results depend on numerous factors outside Joyers' control, including platform algorithms, market conditions, audience behavior, client-provided materials, and third-party platform policies. Joyers will apply reasonable professional skill and care to every engagement, but no employee, contractor, or representative of Joyers is authorized to make guarantees of specific results, and any such statement shall not be binding on Joyers Inc.

8.3  Client Responsibilities

Business clients are responsible for: ensuring all materials and content provided to Joyers comply with applicable law; obtaining all necessary third-party rights, licenses, and consents; maintaining accurate and current information about their products and services; and ensuring their digital properties (websites, landing pages, platforms) are functional and compliant.

8.4  Third-Party Platforms & Tools

Some services may involve third-party platforms, tools, or networks. Joyers is not liable for the policies, decisions, or actions of third-party platforms, including rejection or removal of content or campaigns due to client-provided materials or instructions.

8.5  Right to Decline

Joyers reserves the right to decline, modify, or discontinue any service engagement or any specific deliverable that violates these Terms, applicable law, or that would expose Joyers to legal, regulatory, or reputational risk.

9.  Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOYERS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT OUR OFFERINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH OUR OFFERINGS; AND (D) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOYERS OR THROUGH OUR OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the above exclusions apply to the greatest extent permitted by applicable law.

10.  Limitation of Liability

Joyers' total aggregate liability for all claims arising from or related to these Terms or any Joyers Offering will not exceed:

• Consumer / app users: the greater of (a) total fees paid by you to Joyers in the 12 months preceding the claim, or (b) USD $100
• Business service clients: total fees paid by the client to Joyers in the 12 months preceding the claim

Some jurisdictions do not permit certain liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

11.  Indemnification

You agree to indemnify, defend, and hold harmless Joyers Inc. and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of any Joyers Offering
• Your violation of these Terms or any applicable law or regulation
• Content, materials, or data you submit through our products or services
• Your business practices, products, or service offerings
• Any breach of your representations and warranties under these Terms

Consumer users: your indemnification obligation is limited to claims directly and materially caused by your intentional misconduct, fraud, or willful violation of these Terms. It does not apply to claims arising from ordinary or good-faith use of our products.

12.  Governing Law & Dispute Resolution

12.1  Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflicts of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.

12.2  Informal Resolution First

Before initiating any formal proceedings, you agree to contact us at contact@JoyersHQ.com and attempt to resolve the dispute in good faith. We will make reasonable efforts to respond and work toward resolution within a reasonable timeframe. Completion of this step is a prerequisite to arbitration.

12.3  Binding Arbitration

Except as provided in Sections 12.5 and 12.6, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or any Joyers Offering — including the formation, interpretation, breach, termination, or validity thereof — shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for consumer disputes) or Commercial Arbitration Rules (for business disputes), as applicable, and as modified by these Terms. The arbitration shall be conducted in English. The seat of arbitration shall be New Castle County, Delaware, United States, unless the applicable AAA rules permit remote proceedings, in which case the parties may conduct the arbitration remotely by mutual agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Filing fees and arbitrator compensation shall be allocated in accordance with the applicable AAA rules. For consumer disputes where the claim does not exceed USD $10,000, Joyers will pay all AAA filing and arbitrator fees unless the arbitrator determines the claim is frivolous. Nothing in this Section prevents either party from seeking emergency interim relief from a court of competent jurisdiction to preserve the status quo pending arbitration.

12.4  Class Action & Jury Trial Waiver

YOU AND JOYERS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

12.5  Exceptions to Arbitration

Either party may seek injunctive or equitable relief in the state or federal courts of New Castle County, Delaware to: protect intellectual property rights; enforce confidentiality obligations; or prevent irreparable harm pending arbitration. You consent to exclusive jurisdiction of such courts for these limited purposes.

12.6  Arbitration Opt-Out

You may opt out of binding arbitration within 30 days of first accepting these Terms by emailing contact@JoyersHQ.com with subject line 'Arbitration Opt-Out' and including your name, address, and account email. If you opt out, disputes will be resolved in the state or federal courts of New Castle County, Delaware.

12.7  Time Limit on Claims

Any claim arising from or relating to these Terms or any Joyers Offering must be commenced within one (1) year after the cause of action accrues. Claims not brought within this period are permanently waived and barred.

13.  Term & Termination

13.1  Term

These Terms commence when you first access any Joyers Offering and continue until terminated by either party in accordance with this section.

13.2  Termination by You

You may terminate your account or cease using our Offerings at any time via account settings or by contacting contact@JoyersHQ.com. Termination does not relieve you of any outstanding payment obligations or ongoing confidentiality duties.

13.3  Termination by Joyers

We may suspend or terminate your access to any Joyers Offering, with or without advance notice, if: you materially breach these Terms; your account is associated with fraudulent, abusive, or harmful activity; we are required to do so by applicable law or legal process; or continued service would expose Joyers to significant legal, regulatory, or reputational risk.

13.4  Effect of Termination

Upon termination: your license and access rights cease immediately; all outstanding fees become immediately due; account data may be deleted consistent with our Privacy Policy and applicable retention obligations. The following sections survive termination: 5, 7, 9, 10, 11, 12, 13.4, and 14.

14.  General Provisions

14.1  Entire Agreement

These Terms, together with our Privacy Policy and any applicable SOW or service agreement, constitute the entire agreement between the parties regarding Joyers Offerings and supersede all prior agreements, representations, and understandings.

14.2  Amendment

We may modify these Terms at any time. For material changes, we will make reasonable efforts to provide advance notice by email or in-product notification. Continued use of any Joyers Offering after the effective date constitutes acceptance. If you do not accept the changes, you must stop using our Offerings before the effective date.

14.3  Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary. All remaining provisions continue in full force and effect.

14.4  Waiver

Failure to enforce any provision is not a waiver of that provision. Any waiver must be in writing and signed by an authorized Joyers representative to be effective.

14.5  Assignment

You may not assign these Terms or any rights or obligations under them without our prior written consent. Joyers may assign these Terms freely in connection with a merger, acquisition, asset sale, or corporate reorganization. Any unauthorized assignment is void.

14.6  Force Majeure

Neither party will be liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, war, cyberattacks, government actions, pandemics, labor disputes, or internet infrastructure failures. The affected party must provide prompt notice and use reasonable efforts to mitigate the impact.

14.7  Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between the parties.

14.8  Electronic Signatures

These Terms may be accepted electronically. Electronic signatures carry the same legal effect as handwritten signatures under the Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. § 7001) and the Delaware Uniform Electronic Transactions Act (DUETA).

14.9  Export Compliance

You represent that you are not located in, or a national or resident of, any country subject to a US government embargo, and that you are not on any US government restricted or prohibited party list. You agree to comply with all applicable export and re-export control laws.

14.10  Legal Notices

Formal legal notices to Joyers must be delivered by certified mail or nationally recognized overnight courier to: 8 The Green #21695, Dover, DE 19901, Attention: Legal Department. General inquiries may be sent to contact@JoyersHQ.com

14.11  Interpretation

These Terms shall be interpreted fairly and not strictly for or against either party. Headings are for convenience only and do not affect interpretation. ‘Including’ and similar terms are not limiting.