These Terms of Use (or “Terms”) are between you and Just Start Heroes and our affiliates (“Just Start Heroes”, “us” or “we”) and, together with our Privacy Policy, govern your use of juststart.xyz and as well as our other websites and online channels including but not limited to juststart.xyz (collectively, the “Site”), and our mobile applications, software, contents, products and services available through our websites and online channels (collectively, the “Services”).
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND Just Start Heroes.
If you have any questions about these Terms or our Services, please contact Just Start Heroes at [email protected].
Acceptance. To use any of our Services, you must accept and agree to be unconditionally bound by these Terms. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, or by visiting the Site or using another Service. If you are using or accessing the Services on behalf of a company or other entity, you represent, agree, and warrant that you are authorized to act on behalf of the entity and to bind such entity to these Terms. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access the Site or use any of our Services.
Eligibility. To use the Services, you must be (i) at least 18 years of age or (ii) at least 16 years of age and your legal guardian must give Just Start Heroes prior express written consent to your use of the Services, as demonstrated by your legal guardian accepting on your behalf these Terms and any additional terms and conditions that apply to a particular Service. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us for yourself or your child and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use our Services. You may not access or use the Services if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our Services.
Just Start Heroes Services. The Services provide registered users (“Users”) and Site visitors with access learning materials designed for web developers, solopreneurs, and makers, learning how to build their ideas, products, and businesses that are digital in nature. The Services allow Users to access exclusive learning materials, purchase subscriptions, communicate with Just Start Heroes and other Users, and post User Content. As a User, you gain access to some of the Services for free and you can subscribe to enhanced access to certain Services for the fee stated when you signup. Subscription Users will have access to learning materials posted to the Services, the Community Forum (defined in Section 7). Just Start Heroes reserves the right to suspend or terminate your use of the Services at any time if we believe you have violated these Terms or any other agreement with us, or any of Just Start Heroes’s policies or protocols. For clarity, Just Start Heroes will never suspend or terminate your, your client’s, or your end user’s access to your User SaaS Application.
Registration. Anyone may visit the Site and access some materials through the Services, but to use many features of the Services you must register as a User and create an account by selecting login credentials (username and password) and providing us with information about yourself. You agree (i) to provide correct, current and complete information as prompted by the account creation form, and maintain and update such information as needed to keep it correct, current and complete; (ii) register only once using a single username; (iii) not to do anything that might jeopardize the security of your account; and (iv) to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur on your account. You agree to not (a) register on behalf of another person without the legal authority to do so; (b) register under the name of another person or under a fictional name or alias; (c) choose a username that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; (d) choose a username for the purposes of deceiving or misleading our users and/or us as to your true identity; or (e) choose a username that incorporates a solicitation. You are strictly prohibited from sharing your login credentials with any third-party, or otherwise permitting a third-party to use the Services via your account.
Billing and Payment. This Section 5 applies if your use of the Services incurs a fee.
5.1. Fees. You agree to pay the costs and fees for all subscriptions or purchases you make on the Services, plus any applicable sales, use, excise, or other taxes (collectively, the “Fees”). Fee amounts are subject to change from time to time. You will pay any additional taxes as necessary to ensure that the net amounts received by Just Start Heroes after all such taxes are paid are equal to the amounts that Just Start Heroes would have been entitled to in accordance with these Terms as if the taxes did not exist. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, Just Start Heroes reserves the right to either suspend or terminate your access to paid features on the Services. All Fees are in Euros. PAID FEES ARE NONREFUNDABLE.
5.2. Payment Method. All the payments are handled through Lemonsqueezy where their Terms of Service and Privacy Policy apply.
User Content. The Services may include features that enable you to post, upload, store, share, send, or display images, video, data, text, comments, and other information and content (“User Content”) to and via the Services. You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms. For clarity, User Content does not include your User SaaS Application developed using JumpStart Pro or any content posted to your User SaaS Application by you, your client, or end users of your User SaaS Application. You retain all rights to your User Content that you post to the Services. By making your User Content available on or through the Services you hereby grant to Just Start Heroes a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.
You are responsible for your User Content. Just Start Heroes relies on accurate User Content to provide and improve our Services. Any attempts to submit inaccurate User Content to the Services is strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (i) infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances. Just Start Heroes may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.
Community Forum. The Services offer features that allow Users to communicate with one another and with Just Start Heroes by comments and conversation threads through an online forum (the “Community Forum”). All Community Forum posts are Just Start Heroes Content. You are solely responsible for your use of the Community Forum and use them at your own risk. You are responsible for all usage and activity in the Community Forums through your username and password, including use of your username and password by any third-party. You should be aware that disclosure in the Community Forums of your full name, street address or other personal information raises safety concerns and may result in solicitations from third-parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Forums.
Posting Rules. You must strictly adhere to the following guidelines (“Posting Rules”), which apply to all User Content posted information through the Services and Community Forum:
8.1. Be Kind and Courteous. Treat all other Users with courtesy and respect.
8.2. No Hate Speech or Bullying. Posts containing profanity, offensive language, porn, hate speech, or racial, gender, or other discrimination or strongly opinionated political statements, as determined by Just Start Heroes at its sole discretion, are strictly prohibited.
8.3. No Solicitation. Posts or direct solicitation for capital, investments, pitching of deals, wealth advisory services, transition/brokerage work, insurance, financial products, or Kickstarter campaigns are strictly prohibited unless permitted by Just Start Heroes in writing.
8.4. No Prohibited Content. Posts must not include promotions, suggestions, or advertisements regarding “get rich quick” schemes, commodity trading schemes, multi- level marketing (MLM) or pyramid schemes, gambling, alcohol, tobacco, porn, sports betting, cannabis, pay day loans, or similar product types.
8.5. No Expectation of Privacy. You should not expect privacy within the Community Forum. Posted information may be viewed, accessed, saved, or reposted by others. Anything you say, post, link to, comment on, or upload can and may be used against you by your peers, colleagues, employer, potential employers, fellow members, and so on. If you choose to participate in the Community Forum, you should assume that anything you post will be seen, read, and open for comment.
8.6. Responsibility for Posts. If you post information within the Community Forum, you acknowledge and agree that (i) you are 100% responsible for your post; (ii) you have the full rights and permissions to use and post any graphic, material, image, or other content and you agree that any breach, infringement or misuse of the foregoing is by you and at your own risk, and (iii) you will indemnify us in regard to this rule. You are solely responsible for removing any content from the Community Forum should any permissions change and/or expire.
8.7. Goodwill of Just Start Heroes. Posts or activities on the Community Forum are prohibited if they might, in Just Start Heroes’ discretion, (i) hurt the goodwill of Just Start Heroes and its associated groups, or (ii) damage the Just Start Heroes brand or any brand related to Just Start Heroes or its members, directors, officers, or agents. Examples of damaging posted content or activities include negative comments regarding quality of work, operations, team members, terms, fees, and related topics.
8.8. Indemnification for Posts. By using the Community Forum and Services, you agree to indemnify Just Start Heroes and Just Start Heroes from anything you, your company, or any of its officers or agents, posts to the Community Forum. Just Start Heroes may, in our sole discretion, remove any Community Forum post. In the event any post is found to be in breach of these Posting Rules, Just Start Heroes may remove or delete the post without any prior notice. If a User violates these Posting Rules more than once, Just Start Heroes reserves the right to remove that User.
Acceptable Use of the Services. You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services.
You further agree not to (i) upload any User Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another User’s account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other Users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
If you take any of the above actions or violate these Terms, we reserve the right to cancel your User registration, suspend or terminate your access to or use of the Services, or take legal action.
Prohibited Acts. You are strictly prohibited from violating or trying to violate our security features, such as by (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Support. Just Start Heroes may provide technical support, upgrades, or modifications of the Services in Just Start Heroes’ sole discretion. Just Start Heroes may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. Just Start Heroes may release new versions of the Services and require you to use the new version of the Services. Your use of new releases or versions of the Services will be acceptance of all modifications of the Services. Just Start Heroes may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.
License Grant. Just Start Heroes hereby grants you a limited, non-exclusive, nontransferable, non- sublicensable, revocable license to access, download, install, and use the Services for your own personal, internal business (not to be commercialized) purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of Just Start Heroes or any third-party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms. The license granted in this section is in addition to any license that may be granted to you pursuant to another agreement between Just Start Heroes and you.
Contents and Ownership. Except as otherwise expressly indicated herein, Just Start Heroes owns all rights, title, and interest, including all intellectual property rights, in and to, the Services and all elements and components (including without limitation all Feedback, User posts to the Community Forum, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing on the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks therein) on the Services (the “Content” or “Contents”). The Contents are protected by EU and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. Nothing in these Terms is intended to transfer to you any rights to the Contents or grant you any license to the Contents, except as specifically set forth in these Terms. Only a duly authorized officer of Just Start Heroes may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of Just Start Heroes is invalid.
13.1. Copyright. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of Just Start Heroes. You may only display, download, and print in hard copy format the Contents for the purposes of using the Site as an internal or personal business resource.
13.2. Trademarks. Just Start Heroes’ registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Just Start Heroes. You may not use any meta tags or any other hidden text utilizing an Just Start Heroes name, trademark, or product name without Just Start Heroes’ prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. Just Start Heroes and the other licensors of the marks on the Site reserve all rights with respect to all Contents and all intellectual property.
13.3. Feedback. While using the Services, you may provide us certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You are solely responsible for your Feedback. You hereby grant to Just Start Heroes all rights, title, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third-party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third-party.
Software Requirements. You must have a compatible computer or other electronic device, internet access, and the necessary minimum specifications (“Software Requirements”) to use the Services. The Software Requirements are listed on the relevant application page. Software may be upgraded from time to time to add support for new functions. The Services may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective internet or mobile network provider will continue to apply while you use the Services. Data and messaging charges may apply to your use of the Services and you accept responsibility for any such charges that arise. If you are not the bill payer for the computer or electronic device being used to access the Services, you will be assumed to have received permission from the bill payer for use of the Services.
Beta Versions. We may make versions of the Services available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the Services or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to Just Start Heroes accessing all data, including your personal information, input or collected via your use of the Services for Just Start Heroes to identify bugs, discrepancies, errors, or improvements in the Services. You also understand and agree that we may contact you to learn more about your use of the Services or related activities to improve the Services. You agree to notify us of all comments or suggestions about the Services, including without limitation any problems and ideas for improvements, which come to your attention during use of the Beta Version. By permitting you to access, download, install or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. Just Start Heroes reserves the right to condition your access to and use of a Beta Version on your execution of a nondisclosure agreement.
Compliance. You represent and warrant that (i) any information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of that information; (iii) you have and will at all times maintain the right to provide all User Content provided by you hereunder; (iv) your User Content and any other materials you provide or submit to other Users or Just Start Heroes do not infringe the intellectual property or other rights of any third-parties or contain viruses, worms, malware or any other harmful scripts or code; and (v) your use of the Services and its features does not violate any applicable law.
Communications from Just Start Heroes. We may use your contact information you provide to us to communicate with you about your use of the Services. For example, we may send you service announcements or administrative communications by email, phone, text, or other means. You understand that you receive these communications as part of your use of the Services. We may send you marketing communications by email, mail, or other means in compliance with applicable law. As part of our policy to respect your privacy, we provide you the option of opting out from receiving marketing communications from us by following the instructions in our Privacy Notice. However, you will not be able to opt out from receiving service announcements and administrative messages.