Legal

Terms of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Jacently, LLC (“Jacently,” “we,” “us,” or “our”). These Terms govern your access to and use of the Jacently website, mobile application, and any related content, features, products, and services (collectively, the “Service”). By accessing or using the Service, creating an account, or selecting an option indicating acceptance, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement in your jurisdiction. If you are under the age of majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

You agree to provide accurate, current, and complete information when creating or maintaining an account. You are responsible for safeguarding your login credentials and for all activity occurring through your account. You must promptly notify us at info@jacently.com if you know or suspect that your account has been accessed without authorization.

If the Service permits account creation, you may initiate deletion of your account through the account-deletion feature provided within the mobile application. Account deletion is subject to any limited retention required for legal, security, fraud-prevention, dispute-resolution, or legitimate business purposes.

3. The Service

Jacently helps users discover events, activities, businesses, venues, and other experiences. Listings and related information may be supplied by third parties and may change without notice. Unless expressly stated otherwise, Jacently does not organize, own, operate, sponsor, endorse, inspect, or control listed events, venues, activities, or providers.

We do not guarantee the accuracy, completeness, availability, safety, legality, quality, price, schedule, accessibility, or suitability of any listing or third-party offering. You are responsible for confirming all relevant details directly with the applicable organizer, venue, business, or provider before traveling, purchasing, registering, relying on information, or participating.

4. License and Acceptable Use

Subject to your continued compliance with these Terms, Jacently grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Service for lawful, personal, and noncommercial purposes.

You may not:

  • copy, reproduce, modify, distribute, sell, lease, sublicense, publicly display, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent applicable law expressly permits such activity;
  • use bots, scripts, crawlers, scrapers, automated tools, or similar methods to access, collect, extract, index, or monitor data from the Service without our prior written permission;
  • circumvent, disable, interfere with, or defeat security, access-control, rate-limiting, or content-protection measures;
  • interfere with the operation of the Service or another person’s use of the Service;
  • impersonate another person or entity, misrepresent your identity or affiliation, submit false information, or use the Service for fraud, deception, harassment, or unlawful conduct;
  • upload, transmit, or distribute malware, malicious code, spam, or other harmful material;
  • post or transmit content that is illegal, infringing, abusive, threatening, harassing, hateful, discriminatory, obscene, sexually explicit, defamatory, deceptive, invasive of privacy, or otherwise objectionable; or
  • use the Service in a manner that violates applicable law, these Terms, or the rights of another person.

5. User Content, Conduct, and Feedback

If the Service allows you to submit reviews, messages, photos, event information, profile information, comments, or other materials (“User Content”), you retain any ownership rights you have in your User Content. You grant Jacently a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, translate, display, distribute, and otherwise use your User Content as reasonably necessary to operate, provide, secure, improve, and promote the Service.

You represent and warrant that you own or control all rights necessary to submit your User Content and grant the license described above, and that your User Content and our permitted use of it will not violate any law or the rights of any person.

Jacently has no tolerance for objectionable content or abusive users. You may not submit content or engage in conduct that is threatening, harassing, bullying, hateful, discriminatory, sexually explicit, exploitative, violent, fraudulent, unlawful, or otherwise harmful. Where user-generated content or social features are available, the Service will provide mechanisms to report objectionable content and abusive behavior and, where applicable, to block abusive users. Reports may also be sent to info@jacently.com.

We may review, filter, restrict, remove, or refuse to display User Content and may warn, suspend, or terminate users when we reasonably believe content or conduct violates these Terms, creates risk, or may harm users, Jacently, or third parties. Any ideas, suggestions, or feedback you provide may be used by Jacently without restriction or compensation to you.

6. Third-Party Services and Events

The Service may display, link to, or integrate with third-party websites, maps, payment processors, ticketing platforms, event organizers, venues, businesses, advertisers, or other providers. Third-party products and services are governed by their own terms, policies, and practices.

Jacently is not responsible for third-party content, services, transactions, cancellations, refunds, conduct, injuries, property damage, losses, privacy practices, or disputes. Your interactions and transactions with third parties are solely between you and the applicable third party, and you assume the risks associated with those interactions.

7. Purchases and Subscriptions

If Jacently offers paid features, the applicable price and material purchase terms will be disclosed before you agree to pay. Purchases made through Apple’s App Store are processed by Apple and are subject to Apple’s applicable payment, billing, subscription, cancellation, and refund terms.

If an auto-renewable subscription is offered, the subscription title, duration, price, and renewal terms will be shown before purchase. Unless canceled, an auto-renewable subscription renews at the end of each subscription period, and payment is charged through your Apple account. You may manage or cancel an App Store subscription through your Apple account settings. Cancellation generally takes effect at the end of the then-current paid period.

Jacently does not control Apple’s billing systems and cannot directly issue refunds for purchases processed by Apple, except where required by applicable law. Nothing in these Terms limits any refund, cancellation, or consumer-protection right that cannot legally be waived.

8. Intellectual Property

The Service, including its software, source and object code, design, layout, text, graphics, images, logos, trademarks, service marks, databases, selection and arrangement of content, and other materials supplied by Jacently, is owned by or licensed to Jacently and is protected by intellectual-property and other applicable laws.

Except for the limited license expressly granted in these Terms, no right, title, or interest in the Service or Jacently’s intellectual property is transferred to you. You may not use Jacently’s name, logos, trademarks, or branding without prior written permission.

9. Privacy

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy. You acknowledge that use of the Service may involve the collection and processing of information as described in that policy.

Jacently’s App Store privacy disclosures are intended to reflect the data practices of Jacently and integrated third-party software. Those disclosures and the Privacy Policy should be reviewed and updated whenever the Service’s data practices change.

10. Changes, Suspension, and Termination

We may modify, update, restrict, suspend, or discontinue all or any part of the Service at any time, subject to applicable law. We may suspend or terminate your access if we reasonably believe that you have violated these Terms, created legal exposure or security risk, harmed another person, or misused the Service.

You may stop using the Service at any time and may delete your account using the available account-deletion process. Upon termination, the license granted to you ends, and you must stop using the Service. Provisions that by their nature should survive termination—including ownership, User Content licenses, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. JACENTLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, RELIABILITY, AND SAFETY.

JACENTLY DOES NOT WARRANT THAT THE SERVICE OR ANY EVENT, VENUE, LISTING, BUSINESS, PROVIDER, USER CONTENT, OR THIRD-PARTY OFFERING WILL BE ACCURATE, COMPLETE, SAFE, SECURE, AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR YOUR NEEDS. YOU USE THE SERVICE AND PARTICIPATE IN EVENTS OR ACTIVITIES AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JACENTLY AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JACENTLY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIRECTLY TO JACENTLY DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those jurisdictions, these exclusions and limitations apply only to the maximum extent permitted by law.

13. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Jacently and its affiliates, members, managers, officers, employees, agents, contractors, and licensors from and against claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your User Content, misuse of the Service, violation of these Terms, violation of applicable law, or infringement or violation of another person’s rights.

14. Governing Law and Disputes

These Terms are governed by the laws of the state in which Jacently, LLC is organized, without regard to conflict-of-law principles. Any dispute that is not required by law to be heard in another forum must be brought in the state or federal courts located in that state, and each party consents to the personal jurisdiction and venue of those courts.

Nothing in this section limits any consumer-protection right, statutory remedy, or forum that cannot lawfully be waived under the laws applicable to you.

15. Terms Required for Apple App Store Distribution

The following provisions apply when you obtain or use the Jacently mobile application through Apple’s App Store:

  1. Acknowledgment. These Terms are between you and Jacently, LLC, not Apple Inc. (“Apple”). Jacently, not Apple, is solely responsible for the application and its content. These Terms are not intended to provide usage rules that conflict with the Apple Media Services Terms and Conditions.
  2. Scope of license. The license granted to you is limited to a non-transferable license to use the application on Apple-branded products that you own or control, as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the application may also be accessed and used by other accounts associated with the purchaser through Family Sharing, volume purchasing, or other features permitted by Apple.
  3. Maintenance and support. Jacently is solely responsible for providing any maintenance and support services for the application as required under applicable law or these Terms. Apple has no obligation to furnish maintenance or support services for the application.
  4. Warranty. Jacently is solely responsible for any product warranties, whether express or implied by law, that have not been effectively disclaimed. If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation regarding the application, and Jacently is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.
  5. Product claims. Jacently, not Apple, is responsible for addressing claims by you or a third party relating to the application or your possession or use of the application, including product-liability claims, claims that the application fails to conform to legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar laws.
  6. Intellectual-property claims. If a third party claims that the application or your possession or use of it infringes that third party’s intellectual-property rights, Jacently, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
  7. Legal compliance. You represent and warrant that you are not located in a country or region subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
  8. Developer name and contact information. The application provider is Jacently, LLC. Questions, complaints, and claims concerning the application or these Terms should be directed to info@jacently.com. Jacently, LLC should add its complete legal mailing address to this section before public distribution.
  9. Third-party terms. You must comply with applicable third-party agreement terms when using the application, including the terms of your wireless-data, internet, and other service providers.
  10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right, and will be deemed to have accepted the right, to enforce the Apple-specific provisions of these Terms against you as a third-party beneficiary.

16. Changes to these Terms

We may revise these Terms from time to time. When we do, we will post the updated version and revise the effective date above. Where required by law, we will provide additional notice or obtain renewed consent. Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms.

17. General Terms

These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between you and Jacently regarding the Service and supersede prior or contemporaneous understandings concerning the Service.

If any provision is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of the Service, or by operation of law.

Section headings are for convenience only and do not affect interpretation. Electronic communications and notices satisfy any legal requirement that communications be in writing, to the extent permitted by law.

18. Contact

All questions, complaints, notices, and claims regarding the Service or these Terms should be directed to Jacently, LLC at info@jacently.com.

Jacently, LLC should add its complete legal mailing address here before public launch.