about us

TERMS & CONDITIONS

1. Introduction

This Terms of Use (“Agreement”) is a binding legal agreement between you (“User,” “you,” or “your”) and Javelin Cybernetics LLC (“Javelin”, “Company,” “we,” “us,” or “our”). By accessing or using our Offerings, which include our websites, software, mobile applications, or services, you agree to comply with and be bound by all terms and conditions set forth in this Agreement. If you do not agree to these terms, you must cease using the Offerings immediately. Continued use of the Offerings after any updates to this Agreement indicates your acceptance of the revised terms.

2. Definitions

2.1 Account Information:

Refers to your contact details, payment information, login credentials, and any other necessary administrative details used to manage your use of the Offerings.

2.2 Offering(s):

Includes all products, services, software, mobile applications, websites, and related solutions provided by the Company, whether accessed online, through mobile apps, or other digital means.

2.3 Data:

Refers to any information stored, processed, or transmitted through the Offerings, including user-generated content, metadata, and any other information.

2.4 Order:

The documentation or action (online or offline) that confirms your procurement of any Offering from the Company.

2.5 Service(s):

Refers to the hosted applications, mobile apps, software programs, and related technologies offered by the Company.

2.6 Submission:

Any questions, feedback, suggestions, ideas, or other information you provide to the Company related to the Offerings.

2.7 Your Data:

Includes all content (such as text, images, video, and other materials) uploaded, submitted, or input by you into any Offering, including Submissions.

3. Acceptance of Terms

By accessing or using any Offering, you confirm that you have read, understood, and agree to be bound by this Agreement and any other terms incorporated by reference, including the Company’s Privacy Policy, Acceptable Use Policy, and any applicable Orders. If you do not agree with these terms, you must discontinue use of all Offerings immediately.

4. Modifications to This Agreement

We reserve the right to modify this Agreement at any time. Any changes will be posted on our website, and the “Last Updated” date will be revised accordingly. It is your responsibility to review this Agreement periodically. Your continued use of any Offering after changes are posted constitutes your acceptance of the updated terms. If you do not agree with the modifications, you must discontinue use of the Offerings immediately.

5. Hosting Location and Use Restrictions

Our Offerings are primarily hosted in the United States but may be hosted elsewhere. Accessing or using the Offerings from outside the United States is at your own risk, and you are responsible for ensuring compliance with local laws, including those related to data protection and export controls.

6. Age Restrictions

Minors under the age of 18 are not permitted to register for or use the Offerings. Minors may access public sections of our website, subject to the terms of this Agreement and applicable law. If you are registering on behalf of a company or legal entity, you represent that you have the authority to bind that entity to this Agreement.

7. Registration and Account Information

By registering for an Offering, you represent and warrant that your Account Information is accurate, truthful, complete, and up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities or actions that occur under your account.

7.1

You must promptly update your Account Information to ensure its accuracy.

7.2

We reserve the right to suspend or terminate your account if false, misleading, or incomplete information is provided.

7.3

You are responsible for safeguarding your credentials and will be liable for any misuse or unauthorized access resulting from your failure to protect them.

8. License Grant and Restrictions

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Offerings solely for personal or internal business purposes. This license is provided solely for your own use and may not be sublicensed, sold, transferred, or assigned to any other party.

8.1 Restrictions:

You agree not to:

  • 8.1.1 Copy, modify, or create derivative works based on the Offerings;
  • 8.1.2 Reverse engineer, decompile, or disassemble any part of the Offerings;
  • 8.1.3 Rent, lease, sublicense, sell, resell, assign, or distribute the Offerings to any third party;
  • 8.1.4 Use the Offerings to build a competitive product or service;
  • 8.1.5 Automatic Updates: We may automatically update or modify the Offerings at any time, including for bug fixes, feature enhancements, or to comply with legal requirements.

9. Confidentiality

9.1

During the course of your use of the Offerings, you may gain access to confidential information (“Confidential Information”), including but not limited to business plans, strategies, customer data, and proprietary technology. You agree to keep all Confidential Information strictly confidential and not to use or disclose it except as necessary to fulfill your obligations under this Agreement. Confidential Information excludes information that:

  • 9.1.1 Was already lawfully in your possession without restriction;
  • 9.1.2 Becomes publicly available through no fault of yours;
  • 9.1.3 Is independently developed by you without use of Confidential Information;
  • 9.1.4 Is disclosed to you by a third party without breach of any confidentiality obligations.

9.2

You agree to protect the Confidential Information using at least the same degree of care as you would protect your own confidential information, but no less than reasonable care.

10. Your Responsibilities

You are responsible for all activity that occurs under your account and for complying with all applicable laws and regulations, including but not limited to privacy, marketing, and data protection laws (e.g., CAN-SPAM, TCPA). Unauthorized use of any Offering or violation of these laws may result in suspension or termination of your access to the Offerings.

10.1 Compliance with Laws:

You agree to comply with all applicable laws, including but not limited to data privacy, communications, and advertising regulations.

11. SMS Messaging

If you use our Offerings that include SMS messaging features, you agree to the terms outlined in our SMS Text Messaging Addendum, which supplements and is part of this Agreement.

12. Communications Malfunctions

We are not responsible for any technical, network, hardware, or software failures, interruptions, or other malfunctions that affect your ability to use the Offerings. You acknowledge that service disruptions may occur, and we make no guarantees regarding the availability of any Offering.

13. Proper Use and Sharing of Data

You may use the communication features of our Offerings only to post, send, or receive messages and material that is lawful and permitted by applicable law. We reserve the right to delete or disable any of Your Data if, in our sole discretion, it violates this Agreement or any applicable laws.

13.1 Representations Regarding Your Data:

You represent and warrant that:

  • 13.1.1 You have the legal rights to all content you upload, share, or otherwise provide;
  • 13.1.2 Your Data does not infringe any third-party intellectual property rights or violate any applicable laws or regulations.

14. Prohibited Activities

You are prohibited from using the Offerings for any unlawful, harmful, or malicious activities, including but not limited to:

  • 14.1 Engaging in criminal or tortious activities such as fraud, harassment, or child exploitation;
  • 14.2 Violating intellectual property rights, including copyright, trademark, or patent infringement;
  • 14.3 Spamming, distributing malware, or any other harmful software;
  • 14.4 Attempting to gain unauthorized access to our systems or another user’s data;
  • 14.5 Impersonating another person or entity.

15. COPPA Compliance

In compliance with the Children’s Online Privacy Protection Act (COPPA), our Offerings are not intended for children under the age of 13, and you may not use our Offerings to collect personal information from children under 13 without express legal authorization.

16. Ownership and Use of Data

You retain ownership of Your Data, but by using the Offerings, you grant us a non-exclusive, worldwide, perpetual, royalty-free license to use, store, modify, and display Your Data as necessary to provide the Offerings. We are not liable for any loss, alteration, or destruction of Your Data.

16.1 Backup of Data:

It is your sole responsibility to back up Your Data, and we assume no liability for any loss of Your Data resulting from your use of the Offerings.

17. Intellectual Property Ownership

We retain all rights, title, and interest in our Offerings, including all intellectual property associated with the software, systems, and data. You do not acquire any ownership interest by using our Offerings. You may not use our trademarks, logos, or service marks without our express written permission.

18. Applications and Third-Party Services

If you choose to integrate third-party applications or services with our Offerings, you agree that those services are governed by the terms of the respective third-party provider. We are not responsible for the availability, performance, or security of third-party services.

19. Submissions

Any ideas, feedback, or suggestions you provide to us regarding the Offerings become our property, and we may use them without compensation to you. You waive any claims to intellectual property rights over Submissions provided to us.

20. Promotional Campaigns

We may offer promotional pricing or discounts for certain Offerings. These promotional campaigns are subject to specific terms that will be provided at the time of the offer. If there is any conflict between these terms and the terms of a promotion, the terms of this Agreement will prevail unless otherwise specified.

21. Services & Software

21.1 Charges and Payment of Fees:

You agree to pay all fees and charges associated with your use of the Offerings as specified in your Order. Fees are exclusive of taxes and may be modified by the Company with 30 days’ notice.

21.2 Billing and Renewal:

Fees for subscription services will be charged on a recurring basis as specified in your Order. We will automatically bill your designated payment method at the beginning of each subscription period unless canceled prior to renewal.

21.3 Non-Payment and Suspension:

Failure to pay fees when due may result in the suspension or termination of your account and access to the Offerings. We reserve the right to charge interest on overdue amounts and recover collection costs if necessary.

21.4 Refunds:

All payments are non-refundable, except as required by applicable law.

22. Termination; Suspension

We may terminate or suspend your access to the Offerings at any time if you breach this Agreement, violate applicable law, or engage in activities that harm our reputation or operations. Upon termination, you must immediately discontinue all use of the Offerings and delete any copies of the software or materials obtained through the Offerings.

23. Representations and Warranties

23.1 By You:

You represent and warrant that:

  • 23.1.1 You have the full legal power and authority to enter into and comply with the terms of this Agreement;
  • 23.1.2 Your use of our Offerings will not violate any applicable laws, regulations, or third-party rights, including intellectual property, data protection, and privacy rights;
  • 23.1.3 You have obtained all necessary permissions and licenses to submit and use Your Data through our Offerings, and such use does not infringe or violate the rights of any third party.

23.2 By Us:

We represent and warrant that:

  • 23.2.1.1 We have the legal authority to enter into this Agreement and provide the Offerings as described;
  • 23.2.1.2 Our Offerings will be provided in a professional and workmanlike manner, consistent with industry standards;
  • 23.2.1.3 To the best of our knowledge, our Offerings do not infringe upon any intellectual property rights of third parties.

23.3 Disclaimer:

Except for the representations and warranties expressly provided in this section, we make no other warranties or representations of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, unless otherwise provided by applicable law.

24. Indemnification

24.1 By You:

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and costs) arising out of or related to:

  • 24.1.1 Your use or misuse of our Offerings, including any violation of this Agreement or applicable law;
  • 24.1.2 Any claim that Your Data or use of our Offerings infringes upon the intellectual property, privacy, or other rights of any third party;
  • 24.1.3 Any breach of your representations, warranties, or obligations under this Agreement.

24.2 Conditions for Indemnification:

We will:

  • 24.2.1 Promptly notify you in writing of any claim or legal action for which indemnification is sought, provided that a failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by the delay;
  • 24.2.2 Allow you to assume control of the defense and settlement of the claim, provided that you may not settle any claim without our prior written consent unless such settlement includes a