TERMS OF USE
Last updated on August 17, 2026
Welcome to Jillii, which is provided by Jillii Inc. (“Jillii”, “we”, “us” and terms of similar meaning). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Jillii mobile apps (the “App”), the Jillii Website available at www.jillii.com (the “Website”), and any related products, services and content, including the Jillii Content (defined below), offered by us (collectively, the “Services”).
For purposes of these Terms, “you” and “your” means you as the user of the Services. In these Terms, we describe users of the Services, whether registered or not, as “Users”. By entering into these Terms, you agree that the Services are only for your personal, non-commercial use. Please read these Terms carefully before using the Services. By accessing, using or browsing the Services, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. If you do not agree with these Terms in their entirety, you may not use the Services.
1. Jillii Services
Our Services. You can use the Services via the App or the Website. Certain functions are available only in the App. The Services allow you to (a) create, publish and share content such as invitations, photos, and videos to facilitate and manage events, using features and tools made available by Jillii from time to time (“Jillii Features”); (b) view and respond to content created by other Users and by Jillii and its licensors; (c) interact with such content and with other Users. As such, you acknowledge that we do not provide or endorse content created, published and/or shared by Users or otherwise on the Services and that all such content is provided by Users who are independent of and are not employed or engaged by us or any of our affiliates. You further acknowledge that Jillii is not the organizer, promoter, venue operator, or guarantor of any event, and Jillii is not responsible for the acts or omissions of any host, guest, vendor, venue or other third party.
Use of Artificial Intelligence. Our Services may include the use of artificial intelligence or similar technologies (“AI Technologies”) to generate content, provide suggestions, and process User Content. By using the Services, you acknowledge and agree that AI Technologies may process User Content for these purposes. Jillii does not use identifiable personal information and User Content for machine learning training purposes. If Jillii intends to use User Content to improve its AI Technologies beyond the use of aggregated and anonymized data, Jillii will provide advance notice and obtain any consent required under applicable law.
Paid Services. Jillii also allows access to certain premium features, content, and services for a fee, including, without limitation, one-time purchases for event invitations and cards with enhanced design features, and subscription-based offerings at various tiers (the “Paid Services”).
Age Requirements. The Services are not intended to be used by children. You must be at least sixteen (16) years of age to create an account to use the Services, and only with the approval of your parent or guardian, who agrees to be bound by these Terms on your behalf.
2. User Accounts; Registration Data; Account Security
User Account. In order to access and use the Services, you may need to register for an account through our App or Website (“User Account”). When and upon registering for a User Account, you agree to (i) provide accurate, current and complete information as may be prompted through online accounts you may have with third party or social media services (such as Google or Apple Sign-In) or by any registration forms available through the Services (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to Jillii, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information or material you provide to Jillii, including the use of the Registration Data and any other information or material by AI Technologies. We will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your User Account. You shall at all times be responsible and liable (to us and to others) for all actions conducted through and related to your User Account.
Disabling your User Account. We reserve the right to disable your User Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your User Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
Signing-In Through Third-Parties. We may permit you to register for and log on to the Services via certain third-party services (such as Google or Apple Sign-In). The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Jillii collects, uses, and discloses your personal information when you link your User Account with your account on any third-party service can be found in our Privacy Policy.
3. Privacy Policy
Your Information. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on our App or Website and are incorporated herein by reference. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
4. Your License to Use the Services; License Restrictions
License to Use the Service. Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the App on a permitted device, and to access and use the Jillii Content (as defined below) through your use of the Services (the “License”). You acknowledge and agree that we may terminate this license at any time for any reason or no reason.
License Restrictions. Such License is subject to these Terms. Unless expressly permitted by the Services or these Terms, you may not:
(a) make or distribute unauthorized copies of the Services, and any Jillii Content included therein;
(b) alter, merge or translate the Services, or decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form;
(c) modify or create derivative works based on the Services or any Jillii Content;
(d) incorporate the Services or any portion thereof into any other program or product;
(e) remove or modify any copyright, trademark or other proprietary notices that have been placed in the Services or any Jillii Content;
(f) use the Services, without our express written consent, for any commercial or unauthorized purpose;
(g) interfere with or attempt to interfere with the proper working of the Services, disrupt our Website, the App or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
(h) use automated scripts to collect information from or otherwise interact with the Services;
(i) download any Jillii Content;
(j) impersonate any person, or falsely state or otherwise misrepresent you or any person, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Jillii;
(k) circumvent, reverse engineer, modify, disable, or otherwise tamper with any security technology that Jillii uses to protect the Paid Services or encourage or help anyone else to do so.
You represent and warrant that your use of the Services will be consistent with this License and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law, including, without limitation, applicable trade, export control, and economic sanctions laws
International Users. The Services are not intended for use in any jurisdiction where the provision or use of the Services would violate applicable laws or regulations. The Services are not available in certain jurisdictions, including China, Russia, Vietnam, and Indonesia. By accepting these Terms, you represent and warrant that you are not located in, and you are not a national or resident of the foregoing prohibited countries. Jillii reserves the right, in its sole discretion, to restrict or block access to the Services from any jurisdiction at any time.
5. Jillii Content
As between you and Jillii, the Services, including all underlying technology and any content and materials made available through the Services (other than User Content), including all Jillii Features, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, the “look and feel” of the Services, any content generated by or through AI Technologies, and all intellectual property rights related thereto (collectively, the “Jillii Content”) are the property of Jillii or its licensors, and are protected by Canadian and international copyright laws, and all rights to the App, the Website and to the Jillii Content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any of the foregoing does not constitute or imply endorsement, sponsorship or recommendation thereof by Jillii. Use of the Jillii Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Except as expressly permitted by the Services or these Terms, you may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Jillii Content without Jillii’s prior written consent.
6. User Content
User Content. Users of the Services may be permitted to create, upload, post, transmit or otherwise make available content through the Services including, without limitation, any text, photographs, videos, and other data, including Guest Data (as defined below), uploaded by a user to the Services (collectively, “User Content”).
Guest Information. You may upload or otherwise provide contact information relating to a guest or invitee (“Guest Data”) through the Services in order to create guest lists, manage invitations, and facilitate event-related communications. You represent and warrant that you have the necessary consents and authorizations to upload or otherwise provide Guest Data through the Services. You agree that, upon request from a guest, you will remove the applicable Guest Data. Jillii may, where appropriate and in accordance with applicable law, remove Guest Data upon receiving an email request from the applicable guest at privacy@jillii.com.
Ownership of the User Content and Your License of Your User Content to Us. We do not claim any ownership interest in your User Content. By submitting User Content via the Services, you hereby grant us an irrevocable, non-exclusive, royalty-free, fully transferable, fully-sublicensable, worldwide license to (a) use the User Content (including to reproduce, distribute, modify, make derivative works of, combine with other materials (e.g. curating a collection of videos to display within the Services), display, publish and/or transmit it) to provide, operate, maintain, support, secure and improve the Services; (b) make the User Content available to other users of the Services in accordance with the User’s sharing settings and the functionality of the Services; and (c) to enforce these Terms and comply with applicable law. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content. You also hereby grant each recipient or other User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Jillii and its sub-licensees are allowed to use them to the extent indicated in these Terms. To the extent permitted by applicable law, you further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
Terminating this License. You can terminate the license granted by you under this Section 6 for specific User Content by deleting such User Content from the Services, or generally by closing your User Account, except (a) to the extent other Users have copied, re-shared, or stored your User Content; (b) for the reasonable time it takes to remove from backup and other systems; and (c) to the extent your User Content or portion of your User Content was included in any promotional or marketing materials of Jillii.
Removing your Content. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your User Content does not comply with the User Content Guidelines set out at Section 7 below. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to you
Disclosing your User Content. We also reserve the right, at all times and in our sole discretion, to disclose any User Content and other related information for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce these Terms; (c) to protect our legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
7. User Content Guidelines
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, or to make contact with other Users of the Services, you must comply with the User Content Guidelines set out in this Section 7.
Uploading User Content to Other Platforms. You may also choose to share your User Content, including User Content that includes Jillii Features, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with these Terms, including the User Content Guidelines. You warrant that any such uploads will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Non-Confidentiality. The User acknowledges that content the User chooses to share publicly or with other users, guests or recipients through the Services may be copied, saved or re-shared by those persons. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own and control all of the rights to the User Content or otherwise have the lawful right to post and distribute that User Content, to or through the Services.
Guidelines. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Services any User Content that:
(a) you did not create or have permission to post;
(b) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in our sole opinion;
(c) infringes any patent, trademark, trade secret, copyright or other right of any other person or entity;
(d) violates these Terms or that would otherwise create liability or violate any statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic;
(e) contains any information that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(f) you know is false, misleading, untruthful or inaccurate;
(g) we determine in our sole opinion is intended to “spam” or “phish” from other Users, or includes any communication that violates the Canadian Anti-Spam Legislation, the US CAN-SPAM Act, the EU ePrivacy Directive, or the Singapore Spam Control Act, or that harvests or otherwise collects information about Users without their consent;
(h) attempts to impersonate any other party;
(i) contains private information of any third party, unless that third party has expressly consented to such use;
(j) is unrelated to the use of the Services;
(k) contains viruses, corrupted data or other harmful, disruptive or destructive files;
(l) incorporates advertisements, endorsements, or promotions not specifically authorized by Jillii in advance;
(m) we determine in our sole opinion is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Jillii or its affiliates or its Users to any harm or liability of any type.
8. Payment
To purchase Paid Services, you must have a valid, accepted payment method on file with Jillii’s designated third-party payment provider. You agree to pay for any Paid Service that you order. The third-party payment provider will charge your payment method for the specified price of the relevant Paid Service. If Jillii is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. If you purchase a Paid Service with automatic renewals, you agree that the third-party payment provider will charge the payment method on file on the first day of each billing period for the subscription, and if the payment method on file becomes invalid due to an expired credit card or other reason, and Jillii is unable to charge you on the next billing period, you may not be able to access the applicable Paid Service until you update your payment method. If you fail to update your payment method within a reasonable time after receiving the notice, Jillii reserves the right to cancel your subscription. Payments for Paid Services will be made using a pre-authorized third-party payments service provider, which will charge your payment method and be responsible for managing any issues with your payment, including any applicable refunds. You agree to read, accept, and comply with any terms of service of such third-party payment provider selected by Jillii from time to time. The price, billing interval, applicable taxes, auto-renewal terms, and any other material commercial terms of each Paid Service will be presented to you on the applicable order screen, subscription page, or purchase confirmation.
9. Changes to Subscription Fees
Subscription fees for Paid Services may change from time to time, at Jillii’s sole discretion. Any changes to the subscription fees for Paid Services will only apply following reasonable notice to you in accordance with Section 17. If we notify you of a price change for Paid Service and you do not want to continue subscribing to that Paid Service at the new fees, you must cancel the Paid Service before the start of the next billing period in which the new subscription fee applies.
10. Cancellations
If you subscribe to a Paid Service with automatic renewals, you may cancel your subscription, and such cancellation will take effect at the end of the current billing period. You will continue to have access to the Paid Service from the time you cancel until the start of the next billing period. No refunds or credits will be provided for any unused days within your ongoing billing period, except as required by law, including, without limitation, the Consumer Protection Act (Ontario) and the Consumer Protection Act (Quebec).
11. Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Feedback”), provided by you to us are non-confidential and shall become the sole property of Jillii. Jillii shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. Links to Other Sites, Linking and Framing
The Services may contain links to third party Web sites (“Third Party Sites”) and third-party content (“Third-Party Content”), such as third-party products and services. Jillii may earn an affiliate commission on qualifying purchases from that link and will provide notice of such commission.
You use links to Third Party Sites, and any Third-Party Content or service provided there at your own risk. Jillii does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. A link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
13. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM JILLII OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER CONTENT. JILLII CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
JILLII DOES NOT REPRESENT, WARRANT OR GUARANTEE (I) THE OPERATION OR PERFORMANCE OF ANY AI TECHNOLOGIES; AND (II) THAT ANY JILLII CONTENT OR USER CONTENT IS ACCURATE, COMPLETE, UP TO DATE, RELIABLE, CURRENT OR ERROR-FREE. THE INFORMATION AND MATERIALS IN THE USER CONTENT, INCLUDING USER CONTENT CONTAINING JILLII FEATURES, HAVE NOT BEEN VERIFIED OR APPROVED BY US, AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF THE SERVICES OR ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO OR BY USERS, OR ANY INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE. THE VIEWS EXPRESSED BY USERS ON THE SERVICES DO NOT REPRESENT OUR VIEWS OR VALUES. YOU ACKNOWLEDGE THAT WE HAVE NO OBLIGATION TO PRE-SCREEN, MONITOR, REVIEW, OR EDIT ANY CONTENT POSTED BY YOU AND OTHER USERS ON THE SERVICES (INCLUDING USER CONTENT). JILLII MAKES NO REPRESENTATION OR ASSUMES ANY RESPONSIBILITY FOR ANY STATEMENTS OR REPRESENTATIONS INCLUDED IN THE USER CONTENT OR IN THE JILLII CONTENT.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE APP, THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, THESE TERMS DO NOT CREATE ANY PRIVATE RIGHT OF ACTION ON THE PART OF ANY THIRD PARTY OR ANY REASONABLE EXPECTATION THAT THE SERVICES WILL NOT CONTAIN ANY USER CONTENT THAT IS PROHIBITED BY THE USER CONTENT GUIDELINES.
14. Limitation of Liability; Indemnity
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST JILLII, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES (INCLUDING USE OF AI TECHNOLOGIES), INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO ALLEGED INACCURACY OF ANY CONTENT ON THE SERVICES, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JILLII NOR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICES OR OTHER INFORMATION OBTAINED FROM JILLII OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JILLII OR ANY OTHER RELEASED PARTY'S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JILLII, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE HIGHER OF: (A) THE AMOUNT PAID BY YOU TO JILLII DURING THE SIX MONTHS PRIOR TO THE DATE OF ANY CLAIM; OR (B) CAD $100.00.
Indemnity. To the extent permitted by applicable law, you shall defend, indemnify and hold harmless Jillii and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services other than as expressly authorized under these Terms, the use of the Services by any person to whom you give access to your User Account, any User Content you post or share on or through the Services or otherwise, including User Content including Jillii Features, or any violation of these Terms or any law, rule, regulation or order, or the rights of any third party.
15. Apple App Use
The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Jillii, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Jillii acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Jillii acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Jillii, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Jillii acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
16. Google Play Store App Use
If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. Jillii and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Jillii or you (or any other user) under these Terms or the Google Play Terms.
17. Communications
Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 19) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your account on the Services. Third, we may post the notice elsewhere on the App, the Website or the Services. When we post notices on the App or the Website, we post them in the area suitable to the notice. It is your responsibility to periodically review the App and the Website for notices.
Event-Related Communications. You may instruct Jillii to send event-related communications, including invitations, reminders, RSVP confirmations, updates and administrative messages, to recipients designated by you through the Services. You are solely responsible for ensuring that you have the rights, notices and consents required by applicable law for such communications where required.
18. Applicable Law and Venue
The Services are controlled by Jillii and operated by it from its offices in Toronto, Ontario. You and Jillii both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Jillii explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Services; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services (collectively, a “Claim”) shall first be submitted to Jillii at the contact information provided below, describing the nature of the Claim and the relief sought. Following receipt of such notice, the parties shall use commercially reasonable efforts to resolve the Claim informally for a period of thirty (30) days before commencing arbitration, except where prohibited by applicable law. If the Claim is not resolved within such thirty (30) day period, it will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Jillii related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Jillii. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your email address provided in your Registration Data, and your User Account. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, including, without limitation, the Consumer Protection Act (Ontario), or the Consumer Protection Act (Quebec), you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Jillii and the other Released Parties for your failure to comply with any such laws.
19. Termination/Modification of License and Services
Termination and Suspensions by Jillii. Notwithstanding any provision of these Terms, we reserve the right, in our sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.
Changes to these Terms. We may amend these Terms or any policy or guideline of the Services from time to time and in our sole discretion, for instance when we update the functionality of our Services, or when there are regulatory changes. If we do so, we will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our App or Website, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the App or the Website and your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree with the changes, your only remedy is to cease use of the Services. If you have any questions about the Terms, please email us at the contact address contained in these Terms below.
20. Termination of Agreement
Termination. You and Jillii may terminate these Terms and your use of the Services at any time.
Survival. If these Terms expire or terminate for any reason, Sections 2, 3, 6, 8, 13, 14, 18, 19, 20 and 21 and any representation or warranty you make in these Terms, shall also survive indefinitely.
21. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign any or all of its rights hereunder to any party without your consent, provided that we give you reasonable advance notice of such assignment. If, following such notice, you do not wish to continue using the Services, you may close your User Account prior to the assignment by contacting us at the contact information set out below. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable. Notwithstanding any other provision contained in these Terms, Jillii shall not be liable for delays in the performance of or completion of the Services under these Terms if such delay is caused by telecommunication breakdowns, power outages or shortages, non-performance by a third-party service provider of Jillii’s Services, distributed denial-of-service attacks, ransomware or other cyberattacks, strikes, earthquakes, riots, wars, government regulations, acts of God, fire, flood or other similar causes beyond Jillii’s control. These Terms constitute the entire agreement between you and Jillii regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Jillii regarding your use of the Services.
22. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Privacy Officer: privacy@jillii.com
Security Officer: security@jillii.com