Terms of service

Terms of Use Agreement

Last revised on: October 20, 2022

This Terms of Use Agreement sets forth the legally binding terms and conditions between you and HAKUNA MATATA CHILL LIMITED, (“Jambo,” “we,” “us,” or “our”) governing your access to and use of our website located at jambo.technology, our Jambo mobile application (the “App”) and any services offered through the App, and any associated Jambo Web Products (collectively, the “Web Products”).

BY ACCESSING OR USING THE WEB PRODUCTS, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE WEB PRODUCTS IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY; AND (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY.

ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE WEB PRODUCTS WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF HONG KONG, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

1. APP
1.1 App Usage.
Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the services available through the App (the “Services”) without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.
We may from time to time change the rate at which users earn rewards through the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.
We make no representation and give no warranty that rewards accumulated through the App or the Services will have any particular value or any monetary value at all.

1.2 Who May Use the App?
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the App and the Services. The App and the Services are offered only for your personal, non-commercial use. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.
By using the App or the Services you represent and warrant that:
• you are not a current resident of Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea; and
• your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them.

2. ACCOUNTS.
2.1. Account Creation.
In order to use certain features of the Web Products, you must register for an account (“Account”). You promise that: (a) all required information you submit in connection with your registration of an Account is truthful and accurate; and (b) you will maintain the accuracy of such information. Jambo may suspend or terminate your Account in accordance with Section 10 below.

2.2. Account Responsibilities.
You are responsible for all activities that occur under your Account. You agree to immediately notify Jambo of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. Jambo will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not share your Account or password with anyone.

Each user is may create only one Jambo account. Jambo reserves the right to conduct periodic reviews and may suspend or ban accounts suspected of being duplicates or controlled by the same individual. Users whose accounts have been banned may submit an appeal for review. You agree not to create an Account or use the Web Products if you have been previously removed by Jambo.

3. ACCESS TO THE WEB PRODUCTS.
3.1. Access and Use.
Subject to this Agreement, Jambo grants you a limited, non-exclusive, revocable, limited, nontransferable, non-assignable, non-sublicensable, and “as is” right to use and access the Web Products solely for your own personal use, subject to any use limitations.

3.2. App License.
Subject to your compliance with the Agreement, Jambo grants you a limited non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, and “as is” license to download, install and use a copy of the App on mobile devices that you own or control and to run such copy of the App solely for your own personal use in connection with accessing and using the Web Products.

3.3. Acceptable Use Policy.
You must not misuse the App or the Services. This means that you must not (among other things):
• commit or encourage a criminal offence;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;
• infringe upon the rights of any other person's proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”;
• attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;
• make false, inaccurate, misleading or deceptive representations;
• engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;
• submit any content that contravenes any laws;
• infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;
• contravene any applicable state, federal or international law or regulation;
• engage in defamatory or libellous conduct towards any other person;
• threaten or harass any other person;
• publish or engage in obscene material that in Jambo’s sole discretion, is in any way inappropriate or unsuitable for the platform;
• publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the App or the Services without the express prior written consent from the Company; or
• engage in conduct deemed contrary to the spirit of the App or the Services as determined by Jambo in its sole discretion.

You agree that, except as this Agreement expressly provides otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or cancelling your access to the App and the Services.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.
We are not liable for any loss of any earned reward incurred as a result of the suspension or cancellation of your access to the App and the Services.

3.4. Investigations.
Jambo may in its sole discretion, but is not obligated to, monitor or review your use of the Web Products at any time. If Jambo becomes aware of any possible violations by you of any provision of the Agreement, Jambo may investigate such violations, and, at its sole discretion, immediately suspend or terminate your license to use the Web Products without prior notice to you.

3.5. Modification.
While we aim to communicate any significant changes to our users, we nonetheless reserve the right to modify, update, suspend, or discontinue the Web Products (in whole or in part) at any time with or without notice to you. You agree that Jambo is not liable to you or to any third party for any modification, update, suspension, or discontinuation of the Web Products. You may need to update third-party software from time to time in order to use the Web Products.

3.6. Storage Limitations.
Unless expressly agreed to by Jambo in writing elsewhere, Jambo may set limitations on the amount of User Content (as defined below) that you can Make Available on the Web Products. Jambo has no responsibility or liability for the deletion or accuracy of any User Content, including Your Content as defined in Section 4.2; the failure to store, transmit or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Web Products. You agree that Jambo retains the right to create reasonable limits on Jambo’s use and storage of the User Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Web Products and as otherwise determined by Jambo in its sole discretion.

4. IP RIGHTS IN THE WEB PRODUCTS.
4.1. Ownership.
You acknowledge that we own all right, title, and interest, including all intellectual property rights, in and to the Web Products. Except for the limited access rights expressly set forth in Sections 2.1 and 2.2, you are not granted any rights with respect to the Web Products and there are no implied licenses granted by Jambo under this Agreement.

4.2. Feedback.
We welcome any and all feedback to help us build a better service. If you provide Jambo with any feedback or suggestions regarding the Web Products (“Feedback”), you acknowledge that we can freely use such Feedback in any manner. Feedback you provide is not confidential or proprietary to you.

5. CONTENT.
5.1. General
Some aspects of the Web Products allow users to post, publish, submit, upload, transmit, or otherwise make available on the Web Products (“Make Available”) content such as profile pictures or information, photos, images, music, videos, information, comments, questions, messages, works of authorship and other content or information (any such materials that a user does Make Available are referred to as “User Content”). You retain ownership of your User Content.

5.2. Responsibility for Content.
You acknowledge that all information, data, text, photographs, messages, tags, and any and all other content accessible through the Web Products, whether publicly posted or privately transmitted, are the sole responsibility of the party from whom such User Content originated. This means that you, and not Jambo, are entirely responsible for all User Content that you Make Available through the Web Products (“Your Content”).

5.3. Limited License Grant to Jambo
You hereby grant Jambo a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, and display, Your Content (in whole or in part) for the purposes of (i) providing the Web Products, including making Your Content available to other users in accordance with your elections on the Web Products; (ii) improving the Web Products; and (iii) and monitoring and analyzing User Content usage of the Web Products in order to derive and share insights based on User Content and usage of the Web Products for research purposes. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any User Content that appears on or in the Web Products.

5.4. Deleting Your User Content.
If the features of the Web Products allow you to remove or delete User Content from the Web Products, the licenses granted by you in Your Content hereunder terminate within a commercially reasonable time after you remove or delete such User Content from the Web Products. Notwithstanding the foregoing, you understand and agree that Jambo may retain server copies of User Content that have been removed or deleted provided that in certain cases the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely in accordance with the functionality of the Web Products and the User Content.

5.5. Restrictions.
You agree not to Make Available any User Content or take any action using the Web Products that:
(i) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property;
(ii) may discriminate against, degrade, shame, or harass, encourage, glorify, or promote violence toward any person or any groups of persons;
(iii) contains or depicts sexual acts or sexually explicit or pornographic material;
(iv) seeks to harm, exploit, or groom children by exposing them to inappropriate content or soliciting personally identifiable details or otherwise;
(v) may constitute, contribute to, depict, or encourage, a crime, illegal activity, or a violation or infringement of any third party’s rights;
(vi) solicits or seeks to obtain or discloses the personal information of any other person;
(vii) you do not have the right to Make Available or to take under any law or under contractual or fiduciary relationships;
(viii) deceptively impersonates another person or entity or contains information that is fraudulent or that you know is not correct and current;
(ix) we deem to be otherwise unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; or
(x) we deem in violation of the Acceptable Use Policy in Section 2.3.

5.6. No Obligation to Pre-Screen Content.
Jambo may, but is not obligated to pre-screen, refuse or remove any User Content for any reason, including if User Content violates the Agreement or is otherwise objectionable. Jambo has no responsibility or liability for the deletion or accuracy of any User Content. Certain Web Products may enable you to specify the level at which such Web Products restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, video, or voice communications.
To protect you against malicious third-party software, URLs, and other security issues, Jambo may receive information about your Device's network connections, potentially harmful URLs, the operating system, and apps installed on your Device through Google Play or from other sources. Jambo may warn you if it considers an app or URL to be unsafe, or Jambo may remove or block its installation on your Device if it is known to be harmful to devices, data or users. Jambo takes no liability, and you waive all rights to submit a claim against Jambo, for any third-party Web Products or links accessed through the Web Products. You can choose to disable some of these protections in the settings on your Device, however, Jambo may continue to receive information about apps installed through Google Play, and apps installed on your Device from other sources may continue to be analyzed for security issues without sending information to Jambo.

5.7. Representations and Warranties.
You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) Make Available all of Your Content; and (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including Your Content.

6. THIRD-PARTY LINKS.
The Web Products may contain links to third-party websites and Web Products (“Third-Party Links”). Such Third-Party Links are not under the control of Jambo, and Jambo is not responsible for any Third-Party Links. Jambo provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

7. INDEMNIFICATION.
You agree to indemnify and hold Jambo (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any loss, claim, or demand arising out of:
(i) your use of the Web Products;
(ii) your violation of this Agreement;
(iii) your violation of applicable laws or regulations;
(iv) Jambo’s use in accordance with this Agreement of any data, content, information, or feedback, including Your Content, that you Make Available to Jambo;
(v) your violation, or Your Content’s violation, of any rights of another party, including any users; and
(vi) any User Content submitted by you or on your behalf. We may assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Jambo. Jambo will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware of it. This provision does not require you to indemnify Jambo (or its officers, employees, or agents) for Jambo’s (or its officers’, employees’ or agents’) fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Web Products provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Web Products.

8. DISCLAIMERS.
THE WEB PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND JAMBO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEB PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEB PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE OF THE WEB PRODUCTS. EXCEPT FOR JAMBO’s OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN JAMBO’S PRIVACY POLICY, JAMBO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM YOUR USE OF THE WEB PRODUCTS INCLUDING WITHOUT LIMITATION:
(I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, OR MISTYPED ADDRESSES;
(II) SERVER FAILURE OR DATA LOSS;
(III) UNAUTHORIZED ACCESS TO APPLICATIONS; OR
(IV) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEB PRODUCTS.

8.1. Beta Features.
FROM TIME TO TIME, JAMBO MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT JAMBO’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

8.2. No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT JAMBO IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD JAMBO LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

8.3. User Content.
JAMBO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

9. LIMITATION OF LIABILITY
9.1. Exclusion of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JAMBO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA OR CONTENT (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR USER CONTENT), UNDER ANY THEORY OF LIABILITY.

10. TERMINATION.
10.1. Termination of Web Products by Jambo
We may terminate your ability to access or use any or all Web Products at any time for any reason, with or without notice, if you have breached any provision of the Agreement, or if Jambo is required to do so by law (e.g., where the provision of the Web Products is, or becomes, unlawful).

10.2. Termination of the Agreement by You.
If you want to terminate the Agreement, you must do so by (i) notifying Jambo at any time and (ii) closing your Account.

10.3. Effect of Termination.
Termination of this Agreement, your access to or use of any Web Products may include removal of access to the Web Products barring of further use of such Web Products. Termination of this Agreement or your Account also includes disassociation or deletion of your username, your password, and all related information, files, and User Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of the Agreement, your right to use the Web Products will automatically terminate. Jambo will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Web Products, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

11. GENERAL
11.1. Changes.
This Agreement is subject to occasional revision, and we reserve the right to charge fees for accessing and using the Web Products. If we make any substantial changes, we will prominently post notice of the changes on the Jambo website. Any changes to this Agreement will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Web Products. The changes will be effective immediately for new users of the Web Products. Continued use of our Web Products following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.

11.2. Electronic communications.
The communications between you and Jambo use electronic means, whether you use the Web Products or send us emails, or whether Jambo posts notices on the Web Products. For contractual purposes, you: (a) consent to receive communications from Jambo in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Jambo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.3. Force Majeure.
Jambo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, zombie apocalypse, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11.4. Notice.
Where Jambo requires that you provide an e-mail address, you are responsible for providing Jambo with your most current e-mail address.

11.5. International Users.
The Web Products can be accessed from countries around the world and may contain references to Web Products and content that are not available in your country. These references do not imply that Jambo intends to announce such Web Products or content in your country. Jambo makes no representations that the Web Products are appropriate or available for use in other locations. Those who access or use the Web Products from other countries do so at their own volition and are responsible for compliance with local law.

11.6. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of the Web Products. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Jambo is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jambo’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Jambo may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.