These terms (these “Branded App Terms”), together with Kajabi’s Terms of Service (the “Kajabi Platform Terms”) and other Kajabi policies (together with these Branded App Terms and the Kajabi Platform Terms, the “Kajabi Policies”), govern your use of any tools, features, or functionality made available to you by Kajabi related to providing with you with a branded mobile app to reach your Customers (each a “Branded App”) or the Branded App Service (defined below). If you are using a Branded App or the Branded App Service on behalf of an entity or other organization, you agree to these Branded App Terms on behalf of that entity or organization, and you represent that you have such authority. “You” and “your” will refer to that entity or organization. In the event of a conflict between these Branded App Terms and the Kajabi Platform Terms, the Kajabi Platform Terms will control each party’s rights and obligations related to the Kajabi Platform Services, and these Branded App Terms will control each party’s rights and obligations related to each Branded App and the Branded App Service. In cases where these Branded App Terms do not address specific provisions included in the Kajabi Platform Terms, the Kajabi Platform Terms will apply. All capitalized terms not defined herein shall have the meaning attributed to them in the other Kajabi Policies.
When you subscribe to, use, or access a Branded App or the Branded App Service, you agree to be bound by these Branded App Terms, the other Kajabi Policies, and applicable laws, rules, and regulations. You will not be allowed to use any Branded App or the Branded App Service unless you agree to the Kajabi Policies, have an active subscription to Kajabi other than a parked subscription, and are not delinquent on any fees, dues, or other amounts due to Kajabi. Kajabi may update these Branded App Terms from time to time. When changes are made, Kajabi will make a new copy of these Branded App Terms available at https://kajabi.com/policies. Each Branded App is included in the definition of “Platform” set out in the Kajabi Platform Terms.
1. Branded App.
1. The Branded App shall have the following specifications (collectively, the “Specifications”):
A. “Reader” app functionality similar to the Kajabi App currently available in the Apple Store and Google Play Store
B. Incorporation of the following brand elements provided by the Hero: business name, logo, color, and any other brand elements mutually agreed by Hero and Kajab
2. Kajabi shall develop and deliver the Branded App to the Specifications and provide ongoing maintenance and support services (collectively, the “Branded App Service”). Kajabi may, in its sole discretion, engage third parties to perform Branded App Service at any time.
3. Kajabi reserves the right, in its sole discretion, to alter or adjust the Specifications or to discontinue the Branded App Service or any Branded App at any time. If Kajabi discontinues the Branded App Service or any Branded App, Kajabi will provide Hero with reasonable notice and will work with Hero to reasonably secure alternative services.
4. Kajabi is not responsible or liable for any late delivery, or delay or failure of performance caused in whole or in part by Hero’s delay in performing, or failure to perform, any of its obligations under these Branded App Terms.
2. Hero’s Obligations.
1. Hero shall (i) be a tester for the Branded App Service and each Branded App, (ii) provide all materials and information, including, without limitation, documents, text, graphics, photos, designs, trademarks, and data required by the Specifications or the App Store Operators (defined below), (iii) provide all consents, approvals, instructions, and other communications required for Kajabi to provide the Branded App Service and each Branded App, and (iv) promptly provide all cooperation and assistance Kajabi requests to enable Kajabi to exercise its rights or perform its obligations under these Branded App Terms.
2. Hero agrees to use and evaluate the Branded App Service and each Branded App as requested. Hero agrees to familiarize itself with the information provided by Kajabi and to only use or test the Branded App Service and each Branded App as directed. Hero will notify Kajabi of any and all problems directly or indirectly associated with the Branded App Service or any Branded App known to or discovered by Hero. In addition, Hero agrees to promptly respond to any and all reasonable inquiries, questionnaires, or surveys submitted to Hero by Kajabi.
3. If Hero is a company or other entity, Hero shall designate to Kajabi, in writing, an employee or representative who will serve as the single contact and who will be responsible for maintaining communication with Kajabi during the Term (defined below).
4. Any feedback, ideas, modifications, suggestions, improvements, and the like made by Hero with respect to the Branded App Service or any Branded App (collectively, “Feedback”) will be the property of Kajabi. Hero agrees to assign, and hereby assigns, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to Kajabi and agrees to assist Kajabi, at Kajabi’s expense, in perfecting and enforcing such rights. Kajabi may disclose or use the Feedback for any purposes whatsoever without any obligation to Hero.
1. Kajabi shall reasonably assist Hero with submitting each Branded App for acceptance and publication as required by the Apple App Store and Google Play Store operators (the “App Store Operators”). Hero acknowledges that App Store Operators may delay or withhold the Brand App's approval and publishing in their sole discretion, and Kajabi is not responsible or liable for any delay in publishing or failure to publish any Branded App.
2. Hero will submit each Branded App to the App Store Operators under its own account with such App Store Operators and be responsible for all fees, costs, applications, submissions, responses, information, and anything else required by the App Store Operators. In addition, Hero will comply with any terms and conditions required by the App Store Operators.
3. Hero Agrees that Kajabi will select unique Apple Bundle ID and Google Package IDs for each Branded App, and such IDs cannot be changed by Hero.
1. Hero acknowledges that as a tester, Hero may have access to, and Kajabi may disclose to Hero, certain valuable information belonging to and relating to Kajabi that Kajabi considers confidential, including, but not limited to, information concerning the Branded App Service or a Branded App, Hero’s participation in the Branded App Service, and other trade secrets (“Confidential Information”). Hero shall use the Confidential Information solely for testing purposes and, for a period of three (3) years from Hero’s receipt of the Confidential Information, shall not disclose, without Kajabi’s written consent, such Confidential Information to third parties (including on social media or Kajabi’s Facebook Community) or use such Confidential Information for its own benefit or for the benefit of third parties. Hero will direct any and all questions, concerns, or support issues regarding the Branded App Service or any Branded App directly to Kajabi.
2. If Hero is a company or other entity, Hero shall disclose Confidential Information only to those of its employees who need to know such information for the purpose of the agreed-upon testing, and shall ensure that its employees observe the confidentiality obligations in this Section 3. Hero acknowledges that the Branded App Service and each Branded App contain Confidential Information developed or acquired by Kajabi and that all rights therein and in other Kajabi Confidential Information remain in Kajabi. Hero will not disclose that it is evaluating or testing or has evaluated or tested the Branded App Service or any Branded App to any third party without Kajabi’s prior written consent. In addition, Hero agrees to treat any Feedback or other communications and reports prepared under this Agreement as Confidential Information and will not divulge the existence or content of such communications or reports to any third party without Kajabi’s prior written consent.
3. This Agreement shall impose no obligation of confidentiality upon Hero with respect to any portion of the Confidential Information which: (i) now or hereafter, through no act or failure to act on Hero’s part, becomes generally known or available; (ii) is known to Hero at the time Hero receives same from Kajabi as evidenced by written records; or (iii) is hereafter furnished to Hero by a third party as a matter of right and without restriction on disclosure.
5. Proprietary Rights.
The Branded App Service and each Branded App are proprietary to and the property of Kajabi. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with the Branded App Service and each Branded App are and will remain in Kajabi and, except as provided below, Hero shall have no such intellectual property rights in the Branded App Service or any Branded App.
6. Case Study; Public Relations Release.
1. At Kajabi’s request, Hero agrees to describe Hero’s experience with the Branded App Service and each Branded App by (i) participating in a case study, either in written or video form; (ii) issuing a press or media release; (iii) providing a testimonial for use in Kajabi’s advertising or on its website; and (iv) speaking at Kajabi events or with potential customers. Hero’s agreement to participate in these activities does not obligate Kajabi to create any of them or to offer the opportunity to Hero.
2. The following shall apply to all recordings, video, or documentation created under this release (the “Materials”), including in any case studies, testimonials, or press releases: (i) Kajabi may interview and record Hero or its employees to gather information for creating the Materials and Hero agrees to obtain sufficient permissions from any employees whose quotes, names, or pictures appear in the Materials, in order to grant the rights described in this release; (ii) Kajabi may display Hero’s trademarks, service marks, logos, and other identifying information (collectively, “Hero’s Marks”) in the Materials; (iii) except for Hero’s Marks, Kajabi will own the Materials and all intellectual property rights therein, including copyrights, and will have the right to publish, use, reference, edit, and display, in whole or in part, the Materials in all forms of media now or hereafter known, and to sublicense the foregoing rights to third parties; and (iv) if Hero is an individual, Hero grants to Kajabi a license to include in the Materials Hero’s name, image, likeness, appearance, voice, and quotes as they appear in the Materials.
7. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.
BY ITS NATURE, THE BRANDED APP SERVICE AND EACH BRANDED APP ARE NOT FULLY TESTED PRODUCT OFFERINGS, AND HAVE NOT BEEN COMPLETED ACCORDING TO KAJABI’S NORMAL DEVELOPMENT PROCEDURES. HERO’S USE OF THE BRANDED APP SERVICE OR ANY BRANDED APP IS AT HERO’S SOLE RISK. THE BRANDED APP SERVICE AND THE BRANDED APPS MAY CONTAIN DEFECTS, FAIL TO PERFORM, AND MAY PRODUCE UNINTENDED CONSEQUENCES OR LIMITED RESULTS. HERO ACCEPTS THE BRANDED APP SERVICE AND EACH BRANDED APP “AS IS.” KAJABI MAKES NO WARRANTY OR GUARANTY OF ANY KIND, INCLUDING ANY GUARANTY OF PERFORMANCE, REGARDING THE BRANDED APP SERVICE OR ANY BRANDED APP. THE BRANDED APP SERVICE IS PROVIDED AS IS, WITHOUT ANY WARRANTY WHATSOEVER, AND KAJABI HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES.
IN NO EVENT SHALL KAJABI BE LIABLE TO HERO OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, LOST PROFIT, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE BRANDED APP SERVICE, ANY BRANDED APP, OR THE TRANSACTIONS CONTEMPLATED HEREIN.
8. No Final Product.
The parties acknowledge that Kajabi is under no obligation to release any final product of the Branded App Service or Branded App to the public, and Kajabi does not guarantee Hero’s access to any future offering of similar services.
Each Branded App and theBranded App Service shall automatically terminate pursuant to the Kajabi Platform Terms of Service and these Branded App Terms. In addition, Kajabi may terminate your use of the Branded App or the Branded App Service at any time for any reason.
Upon termination or cancellation (discussed below), Hero shall use best efforts to promptly stop the use of each Branded App and remove each Branded App from the Apple App Store and Google Play Store.
The Branded App is an auto-renewing add on service of Kajabi. You agree to pay Kajabi all applicable fees for using the Branded App, and be charged $199.00 (plus applicable taxes) monthly until you cancel for each Branded App you use and for access to the Branded App Services (the "Branded App Fees"). You will need a separate Branded App for each of your Sites. We use third-party payment processors (Stripe and PayPal) to bill you through a payment account linked to your Account. The processing of your payments will be subject to the applicable payment processor's terms, conditions, and privacy policies. In addition to these Terms, you will also be responsible for all transaction fees relating to using such payment processors (“Transaction Fees”). The Branded App Fees, and Transaction Fees are collectively referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. You will be billed using the billing method you select and authorize through your Account (“Authorized Payment Method”), and Kajabi will continue to charge the Authorized Payment Method for applicable fees until your Account is terminated and all outstanding Fees have been paid in full.
Through our third-party providers (Stripe and PayPal), we will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your Account. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). You authorize us to continue to charge your credit card using the updated information. If you have elected to pay the Fees by credit card, you represent and warrant that the credit card information you provide is correct, and you will promptly notify Kajabi of any changes to such information. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will Kajabi credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or any difference in fees due to currency conversion.
We bill for each Branded App and the Branded App Services on a subscription basis (“Branded App Subscriptions”), and you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly or annual, depending on your subscription plan. We will charge your Authorized Payment Method at purchase confirmation and the start of every new billing cycle. Your Branded App Subscription will automatically renew at the end of each billing cycle unless you cancel your Account through your online account management page or by contacting us at email@example.com before the end of the billing cycle. While we will never want to lose a customer, you may cancel your Branded App Subscription at any time, in which case your Branded App Subscription will continue until the end of that billing cycle before terminating. You may cancel your Subscription immediately after it starts if you do not want it to renew. You can view your renewal date(s), cancel, or manage Branded App Subscriptions through your online account management page or by contacting us at firstname.lastname@example.org.
Our prices listed do not include any taxes, levies, duties, or similar governmental assessments of any nature, such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase and keeping your billing information up to date. If any amount payable by you to Kajabi is subject to Taxes, Kajabi may, at its sole discretion, collect from you the full amount of any such Taxes, even if Kajabi has not previously collected such amounts. Any changes to your Account or Branded App Subscription (including any upgrade, downgrade, or other modification) may result in Kajabi collecting from you applicable Taxes. Kajabi will notify you if the collection of Taxes results in a price change to your Branded App Subscription.
United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based on the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority within the time frame required by law. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected based on applicable state tax laws.
Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption, or use Taxes that arise in connection with your use of the Platform unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate, or other documentary proof issued by an appropriate taxing authority that Tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use Taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are legally required to withhold any Taxes from your payments to Kajabi, you must provide Kajabi with an official tax receipt or other appropriate documentation to support such payments.
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