Terms of Service

Please read these Terms of Service ("Terms") carefully before using any products, services, platforms, software, or agency engagements offered by Jara Marketing Inc. ("Jara Marketing," "we," "us," or "our"). These Terms govern your access to and use of:

The Jara intelligent Marketing Operating System (iMOS), including the Jamar AI engine and all associated tools, APIs, workflows, and features (the "Platform"); Optional done-for-you marketing services that Jara Marketing may provide to you, including consulting, campaign management, and other professional services (the "Agency Services"), as further described in Section 10.2; and Our website located at jara.marketing and any related digital properties (collectively, the "Sites").

By accessing or using any of our services, you ("User," "Client," "Agency," or "you") agree to be bound by these Terms. The Platform is designed primarily for marketing agencies and similar service providers that manage marketing on behalf of their own clients; where these Terms refer to the "Agency," they refer to such a User. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Definitions

For purposes of these Terms, the following definitions apply:

• "Account" means the registered profile you create to access the Platform or Agency Services.
• "Agent Run" means a single execution of an AI agent task or workflow within the Platform, including but not limited to campaign generation, deal forecasting, competitor post-mortems, and automated workflow steps.
• "Authorized User" means any individual employee, contractor, or agent you permit to access the Platform under your Account.
• "End Client" means a customer of an Agency on whose behalf the Agency uses the Platform to deliver marketing or related services. End Clients are not parties to these Terms, and Jara Marketing has no direct contractual relationship with any End Client.
• "White-Label Portal" means the client-facing environment an Agency may present to its End Clients under the Agency's own brand, including custom branding, domains, and client-portal features made available by the Platform.
• "Content" means text, images, data, code, audio, video, and any other material submitted to or generated by the Platform.
• "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
• "Documentation" means the user guides, technical specifications, help articles, and other materials we make available for the Platform.
• "iMOS" means the Jara intelligent Marketing Operating System — the integrated platform combining CRM, campaigns, invoicing, proposals, website builder, workflow automation, analytics, events, appointments, and AI intelligence into a single unified product.
• "Intellectual Property Rights" means patents, copyrights, trademarks, trade secrets, and all other proprietary rights.
• "Jamar AI" or "Jamar" means the AI intelligence layer embedded within the Platform, powered by Google Gemini, providing campaign writing, deal forecasting, brand voice analysis, DISC profiling, competitor post-mortems, and image generation.
• "Output" means any content, analysis, copy, recommendations, or other results generated by Jamar AI in response to your inputs.
• "Platform Modules" means the individual functional components of the iMOS, as described in Section 2.
• "Subscription" means a paid plan granting access to specified Platform features and quotas.
• "Third-Party Services" means external platforms, tools, APIs, or data sources integrated with or used alongside the Platform.
• "Trial Period" means the 14-day all-access period during which new users may use the Platform at no charge, as described in Section 4.

2. Platform Description

2.1 The Jara iMOS

Jara Marketing provides an intelligent Marketing Operating System (iMOS) — a unified platform designed to serve as the operating system for modern marketing agencies. The Platform is built first and foremost for agencies that manage marketing for multiple clients, with 10 integrated modules and a roster of AI agents that let a lean team carry more clients without adding headcount. Agencies run their entire book of business from a single login: managing every client from one command center, deploying AI agents across client environments, and presenting each client with a white-labeled portal under the agency's own brand. The same Platform is also available directly to small and medium-sized enterprises (SMEs) that wish to run their own in-house marketing operations, as described in Section 4.3.

2.2 Platform Modules

The Platform consists of the following 10 integrated modules. Your access to specific modules and usage limits depends on your Subscription plan:

• CRM & Pipeline: Contact management, account tracking, deals, Kanban pipeline, lead scoring, and duplicate detection.
• Email Campaigns: AI-powered composer, drag-and-drop builder, A/B testing, and open/click tracking.
• AI Intelligence: Writing suite, deal forecasting, brand voice analysis, DISC profiling, and image generation — powered by Google Gemini.
• Invoicing: Full invoicing with line items, tax calculation, PDF generation, Stripe checkout, and overdue alerts.
• Proposals & Contracts: AI-generated proposals, type-to-sign contracts, reusable templates, and a client portal.
• Appointments: Scheduling with calendar view, email reminders, confirm/decline workflows, and AI rescheduling.
• Website Builder: 6 design themes, AI setup wizard, custom domain support, form embedding, and mobile-responsive live preview.
• Workflow Automation: 10 trigger types, 8 action node types, visual builder, branch logic, and AI content steps.
• Events & Ticketing: Event creation, Stripe-powered paid ticketing, QR check-in, and post-event analytics.
• Analytics & Attribution: 5 attribution models, revenue forecasting, channel breakdown, and contact journey visualization.

2.3 AI Capabilities

The AI Intelligence module is powered by Google Gemini and embedded throughout the Platform. Core AI capabilities include:

Campaign writing and email composition with brand voice alignment; AI-generated proposals and contract drafts; Deal forecasting and pipeline analysis; Real-time competitor post-mortems and audience mapping; DISC profiling for personalized client communication; In-dashboard AI Assistant available on Basic and Pro plans; and "Strategic Models" on Basic and Pro plans that apply local nuance and long-term positioning intelligence.

All AI capabilities are subject to the disclaimers set forth in Section 6 of these Terms. Outputs require human review before use in any consequential business decision.

3. Accounts and Registration

3.1 Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) and capable of forming a binding contract to use our services.

3.2 Account Creation

To access the Platform, you must create an Account by providing accurate, current, and complete information. You agree to update your information promptly if it changes. You are responsible for all activity that occurs under your Account.

3.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to:

Use a strong, unique password for your Account; Not share your credentials with any unauthorized third party; Notify us immediately at tech@jara.marketing if you suspect unauthorized access; and Ensure that Authorized Users comply with these Terms.

3.4 Business Accounts

If you register on behalf of an organization, you represent that your organization has authorized you to accept these Terms. You are jointly and severally responsible with your organization for compliance.

4. Free Trial, Subscriptions, and Payments

4.1 Free Trial

14-Day All-Access Trial. Every new account receives a 14-day free trial with full Pro-tier access to all Platform features — no credit card required. The trial begins on the date your Account is created. Setup takes under 15 minutes.

During the Trial Period:

You have access to all Platform Modules at the Pro tier level, with no feature restrictions; No payment method is required to start the trial; There are no hidden auto-renewals — you must affirmatively select a paid plan to continue after the trial ends; and If you do not upgrade before the trial expires, your Account will be placed in a read-only state. Your data is retained for 30 days, after which it may be deleted.

4.2 Agency Subscription Plans

Following the Trial Period, access to the Platform requires a paid Subscription. Jara Marketing's primary plans are designed for agencies that manage marketing for multiple End Clients, priced by the scale of your client operations. Each Agency tier includes a monthly quota of Agent Runs, white-label client portals, and cross-client management, and is governed by the Agent Run quota and overage model described in Section 4.4.

• Solo — Freelancers & Solopreneurs — 500 Agent Runs / mo — See jara.marketing/pricing.
• Boutique — Small Agencies — 5,000 Agent Runs / mo — See jara.marketing/pricing.
• Mid-Market — Mid-Size Agencies — 20,000 Agent Runs / mo — See jara.marketing/pricing.
• Enterprise — Large Agencies & Enterprises — 100,000 Agent Runs / mo (negotiable) — Contact sales.

Current Agency plan pricing, included seats, and annual rates are published at jara.marketing/pricing and are subject to change in accordance with Section 4.6. Agent Run quotas and overage rates for each Agency tier are set out in Section 4.4. Enterprise terms may be negotiated on a per-contract basis.

4.3 Direct SME Subscription Plans

For small and medium-sized enterprises that wish to run their own in-house marketing directly on the Platform — rather than through an Agency — Jara Marketing also offers three direct SME plans designed for each stage of business growth. All plans include a 14-day free trial with full Pro-tier access and no credit card required.

• Starter — Bootstrapped Startups & Early-Stage Businesses — $100 / month. Annual billing available (see jara.marketing/pricing).
• Basic — Traditional Businesses & SMEs (Recommended) — $150 / month. Annual billing available (see jara.marketing/pricing).
• Pro — Growth-Stage Businesses & Power Users — $250 / month. Annual billing available (see jara.marketing/pricing).

Plan Feature Comparison (Starter $100/mo — Basic $150/mo — Pro $250/mo)

CRM & Contacts

• Contacts: 1,000 — 5,000 — Unlimited.
• Team Members: 5 — 5 — 5.
• Custom Fields: Included on all plans.

Marketing

• Email Campaigns / month: 10 — 20 — 30.
• Websites: 3 — 10 — 25.
• Forms: 1 — 5 — 20.
• Workflow Automations: 3 — 10 — Unlimited.
• Events: 5 — 15 — 50.
• Email Personalization: Not on Starter — Included on Basic and Pro.

Sales & Finance

• Proposals: 5 — 25 — Unlimited.
• Contracts: 5 — 25 — Unlimited.
• Appointments: 10 — 50 — Unlimited.
• Rich Media Proposals: Not on Starter — Not on Basic — Included on Pro.
• Client Portal: Not on Starter — Not on Basic — Included on Pro.

AI & Intelligence

• AI Tools: Included on all plans.
• In-Dashboard AI Assistant: Not on Starter — Included on Basic and Pro.
• Knowledge Base (Roles, Privacy, Regional): Not on Starter — Included on Basic and Pro.
• Your Knowledge Base (Proposals, Contracts, Campaigns): Not on Starter — Not on Basic — Included on Pro.
• Advanced Analytics: Not on Starter — Included on Basic and Pro.
• Team Analytics: Not on Starter — Not on Basic — Included on Pro.

Platform

• API Access: Not on Starter — Not on Basic — Included on Pro.
• Data Export: Not on Starter — Included on Basic and Pro.
• Audit Logs: Not on Starter — Not on Basic — Included on Pro.

Annual billing is available at a discounted rate. Current pricing and annual rates are published at jara.marketing/pricing and are subject to change in accordance with Section 4.6.

4.3.1 SME Growth Segments

For SMEs subscribing directly under Section 4.3, the Platform serves three distinct small business growth stages, each aligned to a corresponding direct SME Subscription plan. The following describes the intended use case and primary value delivered at each stage:

The Bootstrapped Startup — Starter Plan ($100/mo). Focus: Resourceful validation and fast execution. Designed for founders moving quickly and self-funding their growth, without a dedicated marketing team. Primary value delivered: maximum ROI from a limited budget through automated low-cost lead generation; instant branding and copy generation to move fast without a creative team; and campaign deployment from a single plain-English prompt — no technical expertise required.

The Traditional Business & SME — Basic Plan ($150/mo). Focus: Digital transformation and trust-building. Designed for established businesses that have grown through word-of-mouth and need to professionalize their digital presence without technical complexity. Primary value delivered: a professional digital front door via the AI-powered Website Builder; local SEO and reputation management tools; and plain-English dashboards that replace manual spreadsheets with live marketing intelligence.

The Growth-Stage Business — Pro Plan ($250/mo). Focus: Aggressive scaling and market share capture. Designed for businesses with product-market fit that need a rigorous data stack to support rapid multi-channel experimentation. Primary value delivered: multi-channel attribution and revenue tracking across 5 attribution models; automated competitor post-mortems using AI Strategic Models; and sophisticated API and CRM integrations for a fully connected growth stack.

4.4 Agent Run Quotas and Overage (Agency Plans)

For the Agency plans described in Section 4.2, Agent Run usage is governed by a hybrid quota-plus-overage model. Each tier includes the monthly quota of Agent Runs shown in Section 4.2, and overage beyond that quota is metered at a tier-specific per-invocation rate:

• Solo — 500 Agent Runs / mo — $0.10 per overage run — Freelancers & Solopreneurs.
• Boutique — 5,000 Agent Runs / mo — $0.07 per overage run — Small Agencies.
• Mid-Market — 20,000 Agent Runs / mo — $0.04 per overage run — Mid-Size Agencies.
• Enterprise — 100,000 Agent Runs / mo (negotiable) — $0.02 per overage run (negotiable) — Large Agencies & Enterprises.

Enterprise quota and overage rates may be negotiated on a per-contract basis. The per-invocation floor is $0.01 at Jara Marketing's discretion. Terminal (non-retried) Agent Run failures count against your quota, as compute resources are consumed regardless of task outcome.

4.5 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Agent Run overage (Agency Tier) is billed in arrears at the end of each billing period via Stripe. All fees are in U.S. Dollars and are non-refundable except as required by law or as expressly provided herein. You authorize us to charge your payment method on file for all amounts due.

4.6 Price Changes

We may modify Subscription pricing with at least 30 days' advance written notice via email or in-product notification. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing. Current pricing is always available at jara.marketing/pricing.

4.7 Late Payment and Suspension

If any payment is overdue by more than 10 days, we reserve the right to suspend or terminate your access to the Platform without liability, upon providing written notice to your registered email address.

4.8 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by any governmental authority on your purchase of our services, excluding taxes based on our net income.

5. Permitted Use and Restrictions

5.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Jara Marketing grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Agency Services solely for your internal business purposes during the term of your Subscription or Trial Period.

5.2 Acceptable Use

You agree to use the Platform and Agency Services only for lawful purposes and in accordance with these Terms. You represent that all information and Content you submit is accurate and that you have all necessary rights to provide it.

5.3 Prohibited Conduct

You agree not to:

Use the Platform to violate any applicable law, regulation, or third-party rights; Reverse-engineer, decompile, or otherwise attempt to derive the source code or algorithms of Jamar AI or the Platform; Reproduce, resell, sublicense, or create derivative works of the Platform without express written permission; Introduce malware, viruses, or any code designed to disrupt or harm the Platform; Attempt to gain unauthorized access to any system, network, or data associated with the Platform; Use automated scraping or extraction tools against the Platform not expressly permitted by the Documentation; Impersonate any person or entity or misrepresent your affiliation; Transmit spam, unsolicited communications, or deceptive material via any Platform Module; Use the Platform to generate content that is defamatory, discriminatory, abusive, or otherwise harmful; Circumvent or disable any security, quota, rate-limiting, or access controls; or Share your login credentials or allow access by more Authorized Users than your Subscription permits.

5.4 Authorized Users

You may grant access to the Platform to Authorized Users within the scope of your Subscription tier. You are responsible for ensuring that Authorized Users comply with these Terms and are liable for their actions taken in connection with the Platform.

6. AI-Generated Output and Responsibility

6.1 Nature of Output

Jamar AI generates Outputs based on your inputs, data, and configurations using Google Gemini and related AI technologies. These models may produce results that are incomplete, inaccurate, outdated, or otherwise imperfect. You acknowledge that all Outputs require human review before use in any business, marketing, legal, financial, or other consequential decisions.

6.2 Your Responsibility for Output

You are solely responsible for how you use, publish, distribute, or act upon Outputs. Jara Marketing does not endorse, guarantee, or warrant the accuracy, completeness, legality, or fitness for any particular purpose of any Output.

6.3 Campaign and Marketing Outputs

Outputs generated by the Campaign Composer, email builder, or any AI writing feature are drafts intended for your review and approval. You are solely responsible for ensuring that any marketing content you publish complies with applicable advertising regulations, truth-in-advertising standards, and platform policies of any channel on which it is distributed.

6.4 No Professional Advice

Nothing in any Output constitutes legal, financial, medical, regulatory, or other professional advice. Consult a qualified professional before acting on any Output in a regulated or high-stakes domain.

6.5 Content Moderation

We reserve the right to monitor, review, and remove Content or restrict Output generation that violates these Terms or our content policies, available at jara.marketing.

7. Intellectual Property

7.1 Jara Marketing IP

The Platform, iMOS, Jamar AI, the Sites, and all associated software, algorithms, models, interfaces, documentation, trademarks, and content are the exclusive property of Jara Marketing or its licensors. Nothing in these Terms transfers any ownership interest in Jara Marketing's Intellectual Property Rights to you.

7.2 Your Content

You retain ownership of all Content and data you submit to the Platform ("User Content"). By submitting User Content, you grant Jara Marketing a worldwide, royalty-free, non-exclusive license to use, store, process, and display your User Content solely to operate, improve, and provide the Platform and Agency Services to you.

7.3 Output Ownership

Subject to your compliance with these Terms and payment of applicable fees, Outputs generated specifically for your Account are assigned to you upon generation. Jara Marketing retains the right to use anonymized, aggregated, or de-identified Output data to improve the Platform and its AI models.

7.4 Feedback

If you provide suggestions, ideas, or feedback regarding the Platform or Agency Services, you grant Jara Marketing a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

8. Confidentiality

8.1 Mutual Obligations

Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information solely to exercise rights and fulfill obligations under these Terms.

8.2 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to Confidential Information; or (d) must be disclosed pursuant to applicable law or court order, provided the other party receives reasonable prior notice to seek a protective order.

8.3 Data Security

Jara Marketing implements commercially reasonable administrative, technical, and physical safeguards to protect User Content against unauthorized access, loss, or alteration. In the event of a confirmed data breach affecting your Content, we will notify you within 72 hours of our discovery of the breach.

9. Privacy and Data

Our collection, use, and protection of personal data is governed by our Privacy Policy, available at jara.marketing/privacy, which is incorporated into these Terms by reference. By using our services, you acknowledge that you have read and agree to the Privacy Policy.

If you are subject to data protection laws such as the GDPR or CCPA and require a Data Processing Agreement ("DPA"), please contact us at tech@jara.marketing. We offer DPAs to eligible Subscribers upon request.

10. Agency Use of the Platform and Agency Services

10.1 Agency Use of the Platform; White-Label and End Clients

Agencies may use the Platform to deliver marketing and related services to their End Clients, including by presenting a White-Label Portal under the Agency's own brand. As between Jara Marketing and the Agency, the Agency is solely responsible for its relationship with each End Client, including the services it provides, the fees it charges, the contracts it enters, and any representations or warranties it makes to End Clients. The Agency must not represent that any End Client has a direct contractual or support relationship with Jara Marketing. Jara Marketing has no obligation or liability to any End Client and provides the Platform solely to the Agency under these Terms.

The Agency is responsible for ensuring that its use of the Platform on behalf of End Clients, and the conduct of all Authorized Users, complies with these Terms. The Agency must have all rights and consents necessary to upload and process End Client data on the Platform, and is responsible for providing any privacy notices and obtaining any consents required from End Clients. The Agency will indemnify Jara Marketing in accordance with Section 13 for claims brought by, or arising out of the Agency's relationship with, its End Clients.

10.2 Agency Services (Optional Done-For-You Services)

Separately from your own use of the Platform, Jara Marketing may agree to provide optional Agency Services to you (including campaign strategy, media buying, copywriting, SEO, social media management, and other marketing services), which will be defined in a separate Statement of Work ("SOW") or Order Form executed between you and Jara Marketing. In the event of a conflict between a SOW and these Terms, the SOW shall control for the specific engagement described therein.

10.3 Client Responsibilities

You agree to provide timely approvals, access to required platforms and accounts, accurate brand guidelines, and all necessary information to enable delivery of Agency Services. Delays caused by your failure to fulfill these obligations may affect deliverable timelines at no fault to Jara Marketing.

10.4 Approvals and Revisions

Unless otherwise specified in the SOW, each project includes a defined number of revision rounds. Work beyond the agreed revision scope may be quoted and billed separately. Once you provide written approval of any deliverable, Jara Marketing is not liable for downstream errors arising from that approved content.

10.5 Third-Party Ad Spend and Accounts

If Agency Services include management of paid media or advertising accounts, you retain ownership of all ad accounts and are responsible for funding them. Jara Marketing acts as an agent, not a principal, with respect to any third-party advertising platforms and is not liable for platform policy changes, account suspensions, or spend overages outside our direct control.

11. Disclaimers of Warranties

THE PLATFORM, AGENCY SERVICES, JAMAR AI, IMOS, AND ALL RELATED OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JARA MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR UNINTERRUPTED AVAILABILITY.

WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) OUTPUTS WILL BE ACCURATE, COMPLETE, OR CURRENT; (C) THE PLATFORM WILL BE FREE FROM ERRORS, BUGS, OR SECURITY VULNERABILITIES; OR (D) ANY DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JARA MARKETING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM OR AGENCY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JARA MARKETING'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO JARA MARKETING IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Jara Marketing and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Platform or Agency Services in violation of these Terms; Your User Content, including any claim that your Content infringes any third-party Intellectual Property Rights; Your violation of any applicable law or regulation; Your use, deployment, or reliance on any Output or AI-generated marketing material; or Any dispute between you and a third party arising from your marketing activities.

14. Term and Termination

14.1 Term

These Terms are effective as of the date you first access or use our services (including the Trial Period) and continue until terminated in accordance with this Section.

14.2 Termination by You

You may cancel your Subscription at any time through your Account settings or by contacting tech@jara.marketing. Cancellation takes effect at the end of the then-current billing period. No refunds are provided for prepaid Subscription fees unless required by law.

14.3 Termination by Jara Marketing

We may suspend or terminate your access to the Platform and Agency Services immediately, with or without notice, if:

You breach any material provision of these Terms; You fail to pay any amount due; We believe continuation of service poses a risk to the security, integrity, or stability of the Platform; or We are required to do so by applicable law or court order.

14.4 Effect of Termination

Upon termination: (a) all licenses granted herein immediately terminate; (b) you must cease all use of the Platform; (c) each party will return or destroy the other's Confidential Information upon request; (d) your data is retained in read-only state for 30 days following termination, after which it may be permanently deleted; and (e) all outstanding payment obligations survive. Sections 7, 8, 11, 12, 13, 15, and 17 survive termination.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating any formal dispute process, you agree to first contact us at tech@jara.marketing to attempt informal resolution. We will endeavor to resolve the dispute within 30 days of receiving your written notice.

15.3 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, conducted in English, by a single arbitrator.

15.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

15.5 Exception for Injunctive Relief

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of Intellectual Property Rights or breach of confidentiality obligations.

16. Third-Party Services and Integrations

The Platform integrates with Third-Party Services including Google Gemini (AI), Stripe (payments and billing), third-party advertising networks, CRM data providers, and analytics platforms. Your use of Third-Party Services is subject to their respective terms and privacy policies. Jara Marketing has no control over, and is not responsible for, the availability, accuracy, content, or practices of any Third-Party Service. We disclaim all liability arising from your use of Third-Party Services.

For Stripe-connected billing, you agree to Stripe's Terms of Service (available at stripe.com/legal), which govern all payment processing on the Platform.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any applicable SOW, Order Form, and our Privacy Policy, constitute the entire agreement between you and Jara Marketing with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

17.2 Amendments

We may update these Terms from time to time. We will provide at least 14 days' notice via email or in-product notification before material changes take effect. Your continued use of the services after the effective date constitutes acceptance of the revised Terms. The most current version will always be available at jara.marketing/terms.

17.3 Waiver

No failure or delay by either party in exercising any right or remedy constitutes a waiver of that right or remedy. A waiver must be in writing and signed by the waiving party to be effective.

17.4 Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Jara Marketing may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

17.6 Force Majeure

Neither party is liable for any failure or delay in performance caused by events outside its reasonable control, including natural disasters, acts of government, power failures, internet outages, pandemics, or third-party service disruptions.

17.7 Notices

All legal notices to Jara Marketing must be sent in writing to tech@jara.marketing or by certified mail to our registered business address. We may send notices to the email address associated with your Account.

17.8 No Agency

Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties. Neither party has authority to bind the other.

17.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

Contact Us If you have any questions about these Terms, please contact us:

Jara Marketing Inc. Website: jara.marketing Email: tech@jara.marketing Pricing: jara.marketing/pricing

Last Updated: June 30, 2026