IMPORTANT — IF YOU ARE UNDER 18 (OR UNDER THE AGE OF MAJORITY WHERE YOU LIVE), YOUR PARENT OR GUARDIAN MUST READ AND AGREE TO THIS AGREEMENT FOR YOU. IF THEY DO NOT, YOU MAY NOT USE THE SERVICE.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TOS”) CAREFULLY BEFORE USING THE SERVICE OFFERED BY NJOY WORLDWIDE INC., DOING BUSINESS AS JOYWORKSAI (“JOYWORKSAI,” “WE,” OR “US”). THIS IS A BINDING AGREEMENT. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. SECTION 14 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
JOYWORKSAI IS A COMMUNICATION AND SHOPPING SERVICE THAT ALLOWS USERS TO OFFER, SELL, AND BUY PRODUCTS AND SERVICES. THE ACTUAL CONTRACT FOR SALE IS DIRECTLY BETWEEN THE SELLER AND BUYER. JOYWORKSAI HAS NO CONTROL OVER AND DOES NOT GUARANTEE: THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED; THE TRUTH OR ACCURACY OF USERS' CONTENT OR LISTINGS; THE ABILITY OF SELLERS TO SELL OR BUYERS TO PAY; OR THAT A TRANSACTION WILL BE COMPLETED.
1. Your Acceptance of Terms
1.1. This TOS applies to (a) Business Owners, (b) Station Owners, (c) Administrators (together with Business and Station Owners, “Administrative Users”), and (d) Members. “You” and “users” means all of the above. By accepting this TOS or using the Service you agree to be bound by it, including the Privacy Policy, which is incorporated by reference.
1.2. If you enter into this TOS on behalf of an entity, you represent that you have authority to bind that entity, its Members, and its Administrative Users.
1.3. We may revise this TOS; the revised version becomes effective on the date posted, and continued use constitutes acceptance. If a change is not acceptable, your remedy is to cancel your account and stop using the Service.
1.4. Business Owners are responsible for all activity under their business account, including Members' activity.
1.5. You must be at least 18 (or the age of majority where you live) to accept this TOS yourself. Users under 13 may not use the Service; if we learn a user is under 13 we will deactivate the account.
1.6. Schools and students. If you are a U.S. school or teacher enrolling students over 13, you are responsible for complying with FERPA, including notifying parents/guardians of the personally identifiable information collected and shared with JoyWorksAI, obtaining and retaining parental/guardian consent before students use the Service, and providing parents a copy of our Privacy Policy. Outside the U.S., you must comply with equivalent laws.
2. Definition of the Service
The “Service” means (a) JoyWorksAI's real-time communication, selling, purchasing, and AI-assisted services and related systems and technologies (including those previously branded “nJoy”), and (b) all software, applications, information, stations, messages, posts, text, images, and other content made available by or on behalf of JoyWorksAI. We may modify or discontinue the Service or any feature at any time. All rights, title, and interest in the Service (including all intellectual property rights) remain with JoyWorksAI.
3. Registration
You will provide accurate, complete, and updated registration information; will not impersonate any person or use a name you are not authorized to use; are responsible for maintaining the confidentiality of your credentials; and may not transfer your account. We may refuse or cancel registrations in our discretion.
4. Access and Use of the Service
4.1. You may use the Service only for lawful, authorized purposes. Administrative Users are responsible for Members' actions in their Business or Station. You will comply with published policies and promptly notify us of any security breach.
4.2. Software we make available is licensed, not sold: we grant you a personal, non-sublicensable, non-exclusive license to use the object code solely in connection with the Service. All rights not expressly granted are reserved.
4.3. We may identify Business Owners as customers for marketing purposes; opt out at [email protected].
5. Your Information; License to Us
5.1. “Your Information” means content you upload, post, message, or otherwise make available via the Service.
5.2. You grant us the rights necessary to operate the Service — to transmit, store, copy, index, and display Your Information to you and members of your Stations or Businesses, including through third-party providers (e.g., cloud hosting), with those rights extending to such providers as needed to run the Service.
5.3. Feedback and suggestions may be used by us without restriction or obligation.
5.4. You are solely responsible for Your Information and your conduct. We have no obligation to monitor, but may remove or disable any of Your Information at any time.
6. Communications; SMS Terms
6.1. By signing up you agree to receive Service communications (emails, messages, posts, push notifications), and you represent that each person you invite has consented to receive communications from you and JoyWorksAI.
6.2. SMS. Registration requires confirming your account with a valid phone number (a one-time message). Message and data rates may apply. Email [email protected] for help. Reply STOP to cancel. Carriers are not liable for delayed or undelivered messages.
7. AI Features
7.1. The Service includes features powered by artificial intelligence and machine learning (“AI Features”), which may generate content, recommendations, summaries, or other outputs (“Outputs”).
7.2. Outputs may be inaccurate. AI-generated Outputs are produced by statistical models, may be incorrect, incomplete, or outdated, and may not reflect real-world facts, prices, availability, or identities. You must evaluate Outputs before relying on them. Outputs are not professional, legal, financial, or medical advice.
7.3. As between you and JoyWorksAI, and subject to our underlying rights in the Service, you own the Outputs generated for you, and you are responsible for your use of them. You may not represent Outputs as human-generated where that would be deceptive, use AI Features to violate law or third-party rights, or use the Service to develop competing models.
7.4. Our use of data in connection with AI Features is described in the Privacy Policy (including the disclosure regarding model training).
8. Payment; Renewal; Cancellation
8.1. Billing through Apple. Paid plans are sold as auto-renewable subscriptions through Apple's App Store (In-App Purchase). Your subscription is billed by Apple to your Apple Account, and Apple's Media Services Terms and Conditions apply to all billing, renewals, and refunds. We do not process your payment information.
8.2. Automatic renewal; cancellation through Apple. Subscriptions renew automatically for successive periods equal to your billing cycle at the then-current rate unless cancelled at least 24 hours before the end of the current period. Cancellation is managed exclusively through Apple: on your device, go to Settings → [your name] → Subscriptions (or open the App Store app, tap your profile, then Subscriptions), select JoyWorksAI, and tap Cancel Subscription. Cancellation takes effect at the end of the current billing period. We cannot cancel your subscription for you, and deleting the app does not cancel your subscription.
8.3. Refunds. Because Apple processes all payments, refund requests are handled by Apple under Apple's policies — submit requests at reportaproblem.apple.com. Cancelling a subscription does not automatically generate a refund for the current period. Except where required by law or granted by Apple, amounts paid are non-refundable.
8.4. Price changes. Subscription price changes are administered through Apple's processes, which include advance notice and, where required, your consent before a higher price takes effect. You are responsible for applicable taxes.
8.5. See our Fees and Payments Policy.
9. Representations; Acceptable Use
9.1. You represent that you have authority to enter into this TOS; that you own or have rights to Your Information; and that Your Information and your activities do not violate law or any third party's rights.
9.2. You agree not to:
- post unlawful, infringing, libelous, or privacy-invasive content;
- harm anyone, including minors;
- harass, bully, threaten, or defame;
- assume a false identity or misrepresent affiliations;
- compromise account security or seek others' credentials;
- disguise the origin of content;
- infringe any intellectual-property right;
- sublicense, resell, or transfer the Service;
- send unsolicited advertising or spam;
- transmit malware or disruptive code;
- interfere with the Service or its networks;
- modify, adapt, or hack the Service or attempt unauthorized access;
- run unattended automated processes that burden the Service;
- scrape or harvest data, or use the Service or its content to train machine-learning models, without our written consent;
- violate any applicable law; or
- provide material support to designated terrorist organizations.
9.3. We may (but need not) review and remove content anywhere on the Service, including private areas where appropriate (e.g., TOS violations or user complaints). You bear all risks associated with Your Information.
9.4. We may access, preserve, and disclose your account information and Your Information as required by law or in a good-faith belief that doing so is reasonably necessary to comply with legal process, enforce this TOS, respond to claims or support requests, or protect the rights, property, or safety of JoyWorksAI, its users, or the public.
10. Term and Termination
10.1. This TOS continues until your account or this TOS is terminated. You may cancel your account at any time; only Business Owners may cancel Business accounts and only Station Owners may cancel Stations.
10.2. We may suspend or terminate your account or this TOS at any time, for any reason, with or without notice. Accrued payment rights and Sections 8 and 11 through 24 survive termination.
11. Disclaimer of Warranties; “As Is”
11.1. The Service may be temporarily unavailable due to maintenance or causes beyond our control. You are responsible for adequate security, protection, and backup of Your Information.
11.2. THE SERVICE, ALL RELATED COMPONENTS AND INFORMATION, AND ALL AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. JOYWORKSAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE. JOYWORKSAI DISCLAIMS ALL LIABILITY ARISING FROM ANY USER OR VENDOR CONTENT OR ANY AI OUTPUT.
12. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL JOYWORKSAI OR ITS SUPPLIERS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE UNDER ANY THEORY: (A) FOR ANY AMOUNT IN THE AGGREGATE EXCEEDING THE GREATER OF $100 OR THE FEES YOU PAID IN THE 6 MONTHS PRECEDING THE CLAIM; (B) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (C) FOR LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION; (D) FOR DATA LOSS OR COST OF SUBSTITUTE GOODS OR SERVICES; (E) FOR ANY USER OR VENDOR CONTENT OR AI OUTPUT; OR (F) FOR MATTERS BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, IN WHICH CASE OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED.
13. Copyright / DMCA
To report claimed copyright or other IP infringement, provide our Copyright Agent:
- your physical or electronic signature;
- identification of the work;
- the location of the allegedly infringing material;
- your contact information;
- a good-faith statement; and
- a statement under penalty of perjury of accuracy and authority.
Copyright Agent: JoyWorksAI, Attn: Copyright Agent, 9663 Santa Monica Blvd., #331, Beverly Hills, CA 90210; [email protected].
14. Dispute Resolution; Arbitration; Class Waiver
Please read carefully — this affects your legal rights, including the right to sue in court.
14.1. Informal resolution first. The parties will attempt in good faith to resolve any dispute through consultation, which is a precondition to arbitration.
14.2. Binding arbitration. If unresolved after thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (excluding class procedures). The arbitrator has exclusive authority over all disputes, including arbitrability, and may award any relief available in court. The Federal Arbitration Act governs. Judgment may be entered in any court of competent jurisdiction.
14.3. AAA rules are at www.adr.org or 1.800.778.7879. If arbitration filing fees exceed court filing costs, we will pay the difference, and for non-frivolous claims up to $75,000 we will pay all filing and arbitrator fees.
14.4. Absent this provision the parties would have the right to sue in court with a jury; arbitration may involve more limited discovery and costs.
14.5. Class action waiver. Arbitration is individual only; the parties waive class actions and class arbitrations. If the class waiver is held unenforceable, the entire arbitration provision is void.
14.6. Small claims exception. Either party may bring qualifying claims in small claims court.
14.7. 30-day opt-out. You may opt out of arbitration by written notice within 30 days of registration to [email protected], including your phone number and a clear statement of intent; if you opt out, we are likewise not bound.
14.8. Venue for litigation. Where arbitration does not apply, exclusive venue is the state or federal courts in Los Angeles, California (small-claims actions may be brought where you reside).
14.9. Batch arbitration. If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the AAA shall administer them in batches of up to 50, with a single arbitrator and one set of fees per batch, before any remaining demands proceed.
15. Statute of Limitations
Any claim arising out of or relating to the Service or this TOS must be brought within one (1) year after it arose or be forever barred, except where a longer period is required by applicable law (in which case the shortest lawful period applies).
16. Indemnification
You will defend, indemnify, and hold JoyWorksAI (and our affiliates, subsidiaries, officers, directors, employees, and agents) harmless from all claims, damages, costs, and expenses (including reasonable legal fees) arising from your breach of this TOS, Your Information, your products or services, your (and your Members') use or misuse of the Service, or claims that your content infringes any third party's rights. We may assume the exclusive defense of any indemnified matter, and you agree to cooperate.
17. General
- Enforceability. Invalid provisions are limited or eliminated to the minimum extent necessary; the rest of the TOS remains in effect.
- Integration. This TOS (with the policies it incorporates) is the entire agreement and supersedes prior agreements on the subject; modifications and waivers must be in a signed writing; no agency, partnership, joint venture, or employment is created.
- Assignment. You may not assign this TOS without our written consent (entities may assign in a merger or asset sale on 30 days' notice); we may assign freely.
- Notices. Notices are effective as provided in this TOS when delivered personally, by confirmed email, by next-day courier, or by certified mail.
- Governing law. California law governs, without regard to conflicts rules.
- No waiver. Failure to enforce any provision is not a waiver.
- No survivorship. Accounts are non-transferable; rights to content in your account terminate at death, though content may remain available to your Stations and Businesses.
Contact: [email protected] · nJoy Worldwide Inc. (d/b/a JoyWorksAI), 9663 Santa Monica Blvd., #331, Beverly Hills, CA 90210 USA