Hello Savvy Business Owner,
Welcome to JJungles CRM, we are so happy to have you as part of our family and we hope that our crm will benefit your business in the same way it has benefited thousands. Our CRM is made by the industry, for the industry and we are constantly working hard to stay on top of the latest trends and developments.
This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) AND JJungles PTY Ltd (hereinafter “JJungles” or “Our” or “We” or “Us”) governing your use of JJungles Cloud crm system. This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
Note: We regularly revise these terms. If you have an active JJungles subscription, we will inform you of any updates through either an email or an in-app notification.
- “Affiliate” refers to an entity that directly or indirectly has control over, is controlled by, or is under common control with the subject entity.
- “User Data” is information pertaining to an individual who uses JJungles Services.
- “Confidential Information” encompasses all information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether communicated verbally or in writing, that is either designated as confidential or should reasonably be understood as confidential given the nature of the information and the circumstances of its disclosure.
- “Customer Data” or “Your Data” constitutes any data provided by the Customer that JJungles processes on behalf of the Customer as a Data Processor in the course of providing its services.
- “Customer Personal Data” refers to Customer Data that pertains to an individual or entity (where the entity’s information receives the same level of protection as Personal Data under applicable Data Protection Laws and Regulations).
- The “Data Processing Addendum” (DPA) is the document that governs how customer data is handled.
- The term “Documentation” refers to the online user guides, help materials, and training resources for JJungles Services. These resources can be found on www.jjungles.com or other designated websites.
- An “Order Form” is a document or online order that specifies the Services to be provided. It is entered into between You and Us or one of Our Affiliates. By entering into an Order Form, an Affiliate agrees to be bound by the terms of this Agreement.
- “Processing” refers to any operation performed on Customer Data & Personal Data. This includes collection, storage, alteration, retrieval, use, disclosure, and more.
- The term “Services” encompasses the products and services ordered by You under an Order Form, as well as any free trial or free-of-charge offerings. It includes online and offline components described in the Documentation. However, it does not include Content and Third-party Applications.
- A “Sub-processor” is any Processor engaged by JJungles, a member of the JJungles Group, or another Subprocessor.
- The “Terms of Service” refers to this document.
- “JJungles” is the name of the JJungles PTY LTD systems, an Australian Corporation with its main office in the Sunshine Coast. It also includes any applicable Affiliates.
2. Agreement to the Terms
To access our services, it is important that you are of legal age (18) to enter into a binding agreement. If you do not agree to our terms, please refrain from using any of our services. You can accept the terms in several ways, you can click on the button or equivalent to indicate agreement, or by actively using our services.
New clients can take advantage of our free trial offer to test our product for a limited period. There is no requirement for you to purchase a subscription to access any paid services after your trial subscription ends.
3.2 Beta Services
We may offer certain Services as beta versions (“Beta Service” or “Beta Services”) for testing and evaluation purposes. You acknowledge that we have the sole authority to determine the duration of the beta testing phase for these services. We will be the final vote of the success of the testing and decide whether to make the Beta Services available as commercial Services. Subscribing to a Beta Service does not require you to purchase any paid Service. We reserve the right to completely or partially discontinue any Beta Service, temporarily or permanently, with or without notifying you. You agree that JJungles will not be responsible for any harm or issues resulting from the modification, suspension, or discontinuation of any Beta Service, for any reason.
3.3 Paid User Subscriptions
Unless stated otherwise, these Services are purchased as User subscriptions. Each subscription allows access for a specific number of Users. You have the option to add additional User subscriptions during the subscription term at the same pricing as the pre-existing subscriptions (or as per the pricing noted). The cost will be prorated based on the remaining duration of the subscription term. Any added User subscriptions will expire on the same date as the pre-existing subscriptions. Please note that User subscriptions are designated for individual Users only and cannot be shared or used by multiple Users. However, you have the flexibility to reassign subscriptions to new Users if former Users no longer require access to the Services.
4. Restrictions on Use
- Do not share or provide the Services to any third party.
- Obtain written permission before offering any Service based on the Services.
- Agree to the Website terms & conditions before using third party links.
- Seek written permission before posting links, using logos, or company names from third party sites.
- Do not use the Services for illegal purposes or to transmit objectionable material.
- Do not use the Services for spam, phishing, or unsolicited mass email distribution.
- We have the right to terminate your access to the Services if there is evidence of illegal or unauthorised activity.
5. Your Obligations
Access to the Internet and Necessary Equipment
Before using the Services, it is important to have access to the Internet and the required equipment. It is your responsibility to obtain these.
5.2 Sign-up Requirements
By signing up, you are agreeing to the following obligations:
- Providing truthful, accurate, current, and complete information about yourself during the sign-up process.
- Promptly updating the information provided during sign-up to ensure that it remains true, accurate, current, and complete.
If you provide false, inaccurate, outdated, or incomplete information, or if JJungles has reasonable grounds to believe that the information provided is false, inaccurate, outdated, or incomplete, JJungles reserves the right to terminate your subscription and deny your current or future use of any or all of the services.
5.3 Transmitted Content Responsibilities
You are accountable for the content you transmit through our Services.
5.4 Extensions Use
By enabling a JJungles extension that copies, modifies, or displays your data, you understand and agree that JJungles may need to access, copy, distribute, store, transmit, or reformat your data in order for the extension to function properly and provide you with additional features. Furthermore, if you enable a JJungles extension that connects to a third-party application or service, you acknowledge that you are subject to the terms of service of that third party. You also grant JJungles permission to access, copy, reformat, transmit, and make available any necessary data to the third party in order for them to provide services to you. In addition, you release JJungles from any liability related to the third party’s access and use of data on your behalf.
5.6 Ensuring the Security of Your Use
Your utmost priority should be the secure use of our Services. This encompasses safeguarding your account authentication credentials, ensuring the security of your data during transmission, and taking necessary measures to securely encrypt or export any uploaded data. It is also crucial to avoid unintentionally making any private content accessible to the public.
By agreeing to these terms, you commit to making commercially reasonable efforts to prevent unauthorised access or use of our Services. Furthermore, you agree to promptly notify us in the event of any such unauthorised access or use.
5.7 Ensuring data compliance
It is your responsibility to ensure that the data you provide is accurate, of high quality, and obtained legally.
Section 5.8: Complying with Local Laws
To ensure a smooth experience for all users, it is crucial that you adhere to the local documentation and comply with all relevant laws and government regulations when using our services. By doing so, you can guarantee a lawful and ethical use of our platform.
5.9 Compliance of Other Users
If you are agreeing on behalf of your business, it is your responsibility to ensure that other users on the account comply with this agreement.
If any users on your subscription violate the terms of this agreement, JJungles reserves the right to terminate your subscription and deny you the current or future use of any or all of the services.
6. Obligations of JJungles
6.1 Your Security
JJungles is committed to ensuring the security, confidentiality, and integrity of Your Data. We have implemented administrative and technical measures to safeguard Your data from unauthorised access, use, modification, or disclosure by our personnel. These measures include but are not limited to preventing service or technical issues, complying with legal requirements, and obtaining your written permission for any permitted disclosures. Rest assured that your data is in safe hands.
6.2 Protection of User Data Privacy
6.3 Protection of Customer Data and Personal Data
If you process Customer Personal Data while using our Services, you need to adhere to our data processing addendum (DPA). Contact JJungles to sign the DPA, and once you do, it will become a part of this Agreement.
6.4 Service Availability
We will make every effort to ensure that our online purchased Services are available 24/7, except for planned downtime (which you will receive advance notice about) and situations beyond our control, such as natural disasters, government actions, or infrastructure failures.
Section 7: Payments, Fees, Cancellations, & Refunds
7.1: Automatic Renewal and Fee Changes
When your free trial period for the JJungles CRM Cloud subscription ends, and at the end of each subscription period, your subscription will be automatically renewed and payment will be made using the payment method you provided in the JJungles CRM Cloud Billing section. We may change the subscription fees and start charging for Services that are currently free, but we will give you advanced notice if this happens.
7.2 Fees are not eligible for a refund.
You are responsible for paying all fees mentioned in the Order Forms. Unless expressly stated otherwise in this agreement or in an Order Form, (A) fees are determined based on the Services purchased and not on actual usage, and (B) payment obligations cannot be cancelled and the fees you have paid are non-refundable.
7.3: Invoicing and Payment Information
To ensure timely invoicing, fees will be billed monthly or annually, as specified in the relevant Order Form. If not mentioned in the Order Form, payment is due within 30 days from the date of the invoice. It is your responsibility to provide accurate billing and contact details to us, and to inform us promptly of any changes.
7.4 Payment via Paypal or Credit Card
By choosing to pay with a credit card or PayPal, you give us consent to charge your credit card, bank account, or PayPal account for all the fees that you owe during your subscription period. Additionally, you also give us permission to use a third-party service to handle the payment processing, and you agree to share your payment information with this third party.
JJungles offers a full refund for payments towards future periods if a refund request is made within 3 days of payment. However, refunds will not be issued for payments made for past periods. Please note that fees for migration services, training services, and any other similar service are non-refundable.
7.6 Payment Retries and Account Suspension
If JJungles is unable to process your payment for an invoice, we will make additional attempts for the next 14 days. If payment is still not received within this timeframe, your JJungles account will be suspended for the following 14 days. To reactivate your account, all you need to do is settle the outstanding invoice(s). However, please note that if your account remains inactive for 70 days after suspension, your instance will be permanently deleted. We’ll keep an archive of your data for an additional 30 days, this will then be permanently deleted.
7.7 Cancellations: Ending Your Subscription
You have the flexibility to cancel your subscription whenever you choose by accessing the Billing section mentioned earlier. If you cancel before the end of a subscription period, your JJungles CRM subscription will not automatically renew once the period ends. Please note that your account will remain active until the end of the paid subscription period. You will only be charged for using a Service if you have opted for a paid subscription plan.
7.8 Data Backup and Recovery
If your paid account is closed but you still have an archive, don’t worry. You can restore your data from the archive. However, please note that there will be a $65 account restoration fee in addition to any unpaid invoices.
For paid accounts, we retain daily backups for the past 7 days, as well as backups from the previous 4 weeks upon request.
If you have a trial with us we retain daily backups for the past 7 days.
In the unfortunate event that your CRM data is lost or modified in a way you don’t want, we can try to help. Simply email us at email@example.com and provide the reason for the request and the date of the backup you’d like to restore. Please be aware that there is a $65 fee per request for this service. It’s important to note that restorations will erase any new CRM data created and revert any changes made to existing CRM data after the date of the restored backup. However, please keep in mind that restoration might not always be available.
7.9 Payment Disputes: Our Commitment to Resolving Issues
At JJungles, we understand that payment disputes can sometimes arise. That’s why we are dedicated to reviewing and addressing any concerns you may have regarding your payments. Simply submit your payment dispute to us at firstname.lastname@example.org.
We want to assure you that if you have a genuine and reasonable disagreement with the charges, we will not exercise our right to suspend your account or initiate payment retries as outlined in our terms. We believe in working together to resolve disputes and appreciate your cooperation in finding a resolution.
Please note that all fees mentioned are exclusive of any applicable taxes. In accordance with this, we will charge the applicable taxes along with the fees. By using our subscription service and other services, you agree to pay any taxes that are relevant to your usage.
7.11 Upcoming Features: Enhancing Functionality
You acknowledge that your purchases are not based on the promise of receiving any future features or functionality, nor are they influenced by any public statements we may have made.
8. Subscription, Termination, & Suspension
8.1 Term & Renewal
Your subscription period will be clearly stated in your Order. It’s important to note that your subscription will automatically renew for the length of the original subscription period. To prevent this renewal, you must cancel your subscription.
If you decide to add any additional products during the Subscription Term, the fees for these products will be prorated and they will be included in your subscription renewal, unless otherwise specified in your Order.
JJungles CRM Cloud service provides free Email credits. However, you also have the option to purchase additional Email Credits.
If you choose the Pay as You Go Plan, the email credits from that plan will be added to your CRM subscription. These purchased credits are valid for 12 months.
If you prefer Monthly Plans, the email credits from the chosen plan will be automatically added to your CRM subscription every month. Please note that the usage of these credits resets at the start of each billing cycle.
8.2 Suspension and Cancellation of Paid Accounts
At our discretion, we may suspend or temporarily disable your user account, or restrict access to certain parts of our services, if we suspect any illegal activity or upon request by law enforcement or government agencies. If you disagree with the suspension or disabling of your account, please contact us at email@example.com within 30 days of receiving notice. After 30 days, we may terminate a suspended or disabled account. If you wish to terminate your account, we will gladly oblige. Furthermore, we reserve the right to terminate your account and deny services if we reasonably believe that you have violated our terms, or in the case of unexpected technical issues or discontinuation of a beta service. Termination of your account will result in loss of access to all services, deletion of your personal information including your email address and password, and deletion of all data associated with your account.
9. Ownership of Data
9.1 Data Ownership
We fully respect your ownership rights over the content and data you create or store. You maintain complete ownership of the content you create or store. Unless you specifically give permission, our use of the Services does not give JJungles or any of its partners a licence to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or any similar purposes. However, you do grant JJungles permission to access, copy, store, and reformat the content in your user account as necessary to provide the Services to you.
9.2 Sample Files
In order to showcase the effectiveness of our Services for specific purposes, JJungles offers sample data and files. Please note that the information contained in these samples consists of random data. While we provide them for your convenience, JJungles does not guarantee the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.
10. JJungles Communication
Our Service may include important updates and valuable information from JJungles. These communications, including service announcements, administrative messages, and newsletters, are vital to your use of our Services.
Your privacy is important to us. While we offer the option to opt-out of newsletters, please note that you will still receive essential service announcements and administrative messages. Stay connected, stay informed, and get the most out of your JJungles experience.
11.1 Your Confidential
The information that is classified as confidential includes your data and our services. This also includes the terms and conditions of our agreement, as well as any order forms (including pricing), business and marketing plans, technology and technical information, product plans and designs, and business processes that are disclosed by either party. However, it is important to note that confidential information does not include any information that (1) becomes generally known to the public without any violation of confidentiality, (2) was already known to the receiving party before it was disclosed by the disclosing party, (3) is received from a third party without any violation of confidentiality, or (4) was independently developed by the receiving party.
11.2 Safeguarding Confidential Information
The Receiving Party agrees to treat the Disclosing Party’s Confidential Information with the same level of care it uses to protect its own confidential information. This means that the Receiving Party will not use the Disclosing Party’s Confidential Information for any purpose beyond what is stated in this Agreement, unless authorised in writing. Access to the Disclosing Party’s Confidential Information will only be granted to employees and contractors of the Receiving Party and its Affiliates who need it for the purposes defined in this Agreement. These individuals must also have signed confidentiality agreements with the Receiving Party that offer the same level of protection as stated in this Agreement. Both parties are prohibited from disclosing the terms of this Agreement or any Order Form to any third party, except to their Affiliates and legal counsel with the prior written consent of the other party. If a party does disclose this information to its Affiliate, legal counsel, or accountants, that party will still be responsible for ensuring that these parties comply with the confidentiality requirements stated in this section.
11.3 Mandatory Disclosure
The Receiving Party may share Confidential Information of the Disclosing Party if required by law, but only after notifying the Disclosing Party and offering support if the Disclosing Party wants to contest the disclosure. If the Receiving Party is legally compelled to disclose the Disclosing Party’s Confidential Information in a civil proceeding where the Disclosing Party is involved and not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for the reasonable costs of gathering and providing secure access to that Confidential Information.
12. Policy for Storing and Deleting Customer Data
Regarding customer data, the parties involved agree to comply with the terms outlined in the Data Processing Agreement (DPA), which is referenced and incorporated herein. It is important to clarify that JJungles acts as a Data Processor, handling the data on behalf of the Customer (referred to as the “Data Controller”).
12.1 Trial Accounts: Account Deletion Policy
To ensure the smooth management of our platform, please note that if a paid subscription is not initiated within 10 days of completing your trial, we will delete your trial account and any associated trial data. This policy will be enforced strictly after the specified 10-day period.
Section 12.2: Paid Accounts – Cancellations and Overdue Payments
In the event that a paid account is cancelled or has an outstanding payment, we may need to take action. If we are unable to bill your preferred payment method, we have the right to suspend your account within 14 days of the failed billing attempt. Furthermore, if there continue to be issues with billing, we reserve the right to delete your account, users, and any related data within 90 days of the initial failed payment.
Note: It is essential to ensure that your payment information is up to date to avoid any disruptions or loss of data.
JJungles offers a referral program where you can earn rewards by referring clients to JJungles. When participating in the program, you agree to keep all program-related materials and information confidential, unless authorised by JJungles. Referral links provided by JJungles must not be shortened, modified, or tracked by any tools. Furthermore, these links cannot be transferred, sold, or shared with the general public unless permitted by JJungles. If you violate these terms, JJungles reserves the right to revoke your access to the referral program and forfeit any rewards you may have earned.
14. Business Hub & Templates
JJungles bears no responsibility for the advice given within our business hub on the JJungles platform. If you choose to follow or engage with the professional services provided through this hub, you do so at your own risk. We may, at our discretion, share relevant information but this does not imply that we recommend or endorse any third-party services as the best option for you. Any decisions to engage with members of the business hub are entirely your own.
We offer free resource templates, such as eBooks and checklists, for your use. However, we cannot guarantee that these templates will always be up to date. While we strive to provide relevant and accurate information, it is your responsibility to verify and edit the information in accordance with the current market. We reserve the right to sell or remove these templates at any time.
15. Amendment of Terms and Conditions
We reserve the right to modify the Terms and will inform you of any changes by email or publishing them on the Website terms-of-service. If the modified Terms significantly impact your rights in using the Services, you have the option to discontinue using them. By continuing to use the Services after being notified of any changes to the Terms, you are agreeing to the updated Terms.
The trademarks associated with JJungles, including the JJungles logo and JJungles CRM Cloud, are the property of JJungles Systems (JJungles pty ltd). Prior consent from JJungles is required in order to display or use these trademarks in any capacity.
17. Warranty Disclaimer
You acknowledge and agree that the use of our services is solely at your own risk. Our services are provided on an “as is” and “as available” basis. We explicitly disclaim all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no guarantee that our services will be uninterrupted, timely, secure, or free from viruses. Any material downloaded or obtained through the use of our services is at your own discretion and risk, and you will bear sole responsibility for any damage to your computer system, mobile phone, wireless device, or data resulting from such use or download. No advice or information, whether written or oral, obtained from us or our employees or representatives, will create any warranty not expressly stated in our terms.
18. Liability Limitation
18.1 Limits to Liability
The maximum amount of liability that JJungles and its affiliates have towards you and your affiliates for any service, whether directly or indirectly, is limited to the fees you paid for that service in the twelve months before the first incident that caused the liability. This limitation applies to any legal action, whether under contract or tort, and regardless of the basis for the liability. However, it does not affect your and your affiliates’ payment obligations as outlined in the “Fees and Payment” section above.
18.2 Exemption from Consequential and Related Damages
By using the service provided by JJungles, you agree that JJungles will not be held responsible for any losses or damages incurred, including consequential, incidental, indirect, special, punitive, or any other form of loss or damage. This includes loss of business profits, interruption of business operations, computer failure, loss of business information, or any other losses that may arise from your use of or inability to use the service. This disclaimer does not apply if prohibited by law.
By agreeing to these terms, you are acknowledging that you will protect and absolve JJungles, its officers, directors, employees, suppliers, and affiliates from any liabilities, damages, penalties, and costs (including legal fees) that may arise from any claims stemming from your misuse of the services. This includes any infringements on another party’s rights, violations of the law or terms, or claims related to your use of the services, unless expressly authorised by JJungles.
20. Governing Law, Jurisdiction, Arbitration, and Notices
20.1 Governing Law and Jurisdiction
This Agreement will be governed by, construed and enforced in accordance with the laws of Queensland, Australia. The parties agree that Sunshine Coast, Australia will be the venue of any dispute and will have jurisdiction over all parties.
In the event of a dispute arising from this Agreement or its breach, if negotiation fails to resolve the issue, the parties agree to attempt mediation in good faith through a reputable Arbitration Association’s Commercial Mediation service, such as ACICA. Any judgement based on the arbitrator(s)’ decision can be enforced in a court with the appropriate jurisdiction.
20.3 Manner of Giving Notice.
For effective communication, all notices, permissions, and approvals must be provided in writing. They will be considered valid and received on the following occasions: (1) upon personal delivery, (2) on the second business day after being mailed, or (3) on the first business day after being sent via email (excluding termination notices or indemnifiable claims). Notices related to billing will be sent to the billing contact designated by you. All other notices will be sent to the administrators designated by you.
Notices should be sent to:
You have reached the end of the terms of service agreement, if you have any questions please reach out to us on firstname.lastname@example.org or through the JJungles support chat.