These Terms (“Terms” or “Agreement”) regulate the provision of the services specified below (“Services”) provided by Jiffsy OÜ (“Jiffsy”, “Company”, or “we”) to you as an individual or a legal entity (“You”) through our website – https://jiffsy.co/ (“Website”).
These Terms and any operating rules, notices, and policies posted on the Website, including Privacy Notice, constitute the entire subscription agreement between You and us (individually – “Party” and collectively – “Parties”).
By using the Website, You declare and warrant that:
You have read, understand, and hereby agree to be legally bound by and to comply with these Terms in full;You have full legal capacity, which means You have reached the legal age and are not restricted otherwise (otherwise, You can use the Website exclusively with the involvement of a parent or guardian);You are duly authorized to act on behalf of the legal entity You represent (if applicable);According to Your local jurisdiction, You are eligible to enter into this agreement and have no restriction to access or use the Website;You comply with these Terms and all applicable laws and regulations.
Our Privacy Notice
for the Website describes our collection and use of personal data during the Website use.
If You have any questions or comments about these Terms, please contact us
You may fill in registration forms on the Website or via Facebook and TikTok to request our Services.You have to pay for the chosen subscription plan to obtain the link to the Account.You have to activate the Account we created.You are responsible for the actions of the other members of Your team whom you provided with access to the Account.If you have any problems with the Account or want to terminate the provision of the Services and delete the Account, contact us.
You may request the provision of the Services by filling in the following mandatory information on the registration page:
Your first and last names or Your company name;contact email;Store Website URL;
You may additionally fill in Your phone number to provide an additional means of communication, and choose the reason why You are interested in Jiffsy’s services that helps us to draft the best commercial offer.
You may fill in the relevant registration pages via Facebook and TikTok.
You will receive an email to the address You indicated with instructions on scheduling a demo call with our manager via Calendly.
At the scheduled time and day we will contact You via the contact details You filled in and provide You with a detailed description of our Services and terms of their provision, including available and optimal subscription plans.
We may ask You for the following information to customize the offer:
statistical metrics: number and amount of sales per month, traffic, conversion in sales;Your team size;reason for contacting Jiffsy;applications You currently used;sales channels You currently used;Your business description (reselling or producing) and term of existence;other business information.
If You agree to the offered terms, we will provide You with a link to the payment service. Please, check Your email.
After You duly pay the subscription fee, we create a personalized account (“Account”) within seven (7) calendar days. The Account is necessary to start the trial period.
By following the link we send, You have to:
check and confirm the information about yourself and your company;create the password to the Account that together with Your email shall be used for the access to the Account (“Login Credentials”)activate the Account.
After the Account registration and activation, You become a verified client of Jiffsy (“Verified Client”).
To link Your Store to the Account and obtain full access to the Services You have to accept a request we sent to Your online store at Shopify (“Store”).
The Account is Your main working space on the Website and a tool for interaction and communication with us.
To synchronize the Account with the third-party accounts, including, Google Analytics, Facebook Pixel, and Google Ads, contact us.
You shall not transfer or share the Account and the Login Credentials with others.
You are solely responsible for:
maintaining the confidentiality and security of the Login Credentials;all actions taken through Your Account.
You may provide Your employees or other members of Your team with access to the Account. You are solely responsible for their actions as for Your own.
For that matter, please, contact us.
Please contact us:
if You are aware of or suspect that someone has wrongfully or illegally accessed Your Account, to immediately limit or restore the access;if You lose Your password to the Account.
You can delete Your Account or terminate the Services provision at any time. To initiate deleting or termination, please use the relevant functionality of Your Account or contact us.
We provide You with the Services in accordance with the subscription plan.We can request additional services on which we will have to agree separately.You may request a full or partial suspension of end-users’ access to the Storefront at any time.You are entitled to the Trial Period, if it is your first experience with Jiffsy.
After the Store’s linked to the Account, we will create, set up, customize, test, and provide technical and customer support for the website (“Storefront”), transforming the shopping experience of the Store’s clients into the social media-like one.
The exhaustive list and terms of the Services depend on Your subscription plan.
Initially, the Storefront is created on the domain of our mobile shopping platform (jiffsy.co), and tailored to Your brand style. To use the other domain for the Storefront, please contact us.
We will priorly agree on the structure and content of the Storefront with You. Thereafter, you will receive access to the settings andcontent of the Storefront through the Account.
If You synchronize the Account with Google Analytics, you can request us to provide the testing results.
If included in Your subscription plan , we will provide You with a personal recommendation and advice on the Storefront use and development during the face-to-face meeting, phone calls, or video conferences with Jiffsy team members.
The Store’s end-users can:
visit, scroll, access, and use the Storefront;form the purchase orders;subscribe to the electronic notifications via email on the Storefront news and updates (if You linked such notifications through the Account);
You can request a full or partial suspension of such access or functionality at any time by contacting us.
We are not responsible for any purchase made through the Storefront use.
You are entitled to the trial period of twenty-one (21) calendar days (“Trial Period”), if it is your first experience with Jiffsy:
during the first seven (7) calendar days after the Store’s linkage to the Account, We will create, set up, and customize the Storefront;during the following fourteen days (14) calendar days, We will optimize the Storefront customization and conduct the A/B test to indicate the changes in Your clients conversion rate.
Hereafter, You will get the A/B test results through the Account and via email.
You can terminate the Services at any time during the Trial Period and two (2) calendar days after that, and request a refund.
Please, note that, if You do not terminate the Services within the said period, the subscription
We can engage any subcontractors without Your prior consent, in which case We are responsible for the results of the Services as for our own.
At Our request, You have to provide us with any of the following (“Necessary Materials”):
analytical or other necessary data, including relevant tables, charts, diagrams, and filled questionnaires;linkage and access to the third-party online services;any logos, symbols, fonts, trademarks and service marks, design, software, or any databases, drawings, models, mockups, schemes, or any other intellectual property objects;any other materials in the electronic form necessary for the provision of the Services.
You agree to provide us with the Necessary Materials in the manner we specified.
By providing the Necessary Materials, You provide us with the license to use such materials in any manner for the purposes of these Terms.
The deadlines may be postponed for the period You provide the Necessary Materials.
You can request additional services on which we will have to agree separately by contacting us.
Under additional services We mean consulting and supporting the management of Your advertising accounts on Facebook, Google, and TikTok.
If requested, we will provide You with the results of intermediate Services for their approval.
You have to check such results and either approve them or give us a detailed list of corrections within five (5) business days from the date of their receipt.
The Company will transfer any results of the Services provided as follows:
by providing the link to the Storefront and maintaining Your access to it for the entire period of the provision of the Servicesby implementing the requested changes in the Storefrontby providing the link to the relevant file through the Account or the email specified in the Account;any conclusions, reports, or recommendations made or represented during the phone calls, video conferences, or face-to-face meetings, shall be transferred by providing the link to such materials to Your emailin another manner we’ve agreed.
The Services are considered as provided and accepted from the moment of transfer of their results.
If You detect any non-compliance of the Services results (for example, any bugs or other deficiencies of the Storefront), please inform us.
We will review Your request during seven (7) calendar days following the request receipt, and inform You of results through the Account or via email.
If We find Your request relevant, We will fix such non-compliance at Our own expense.
You agree that we may not fix the non-compliance detected by You, if they are caused by:
the inaccuracy of the data You provide Us withany reason other than Our fault or negligence.
In such cases, We will fix the non-compliance for an additional fee upon Your request.
Before the Account’s registration, You must choose between the subscription plans we offer.The subscription fees are charged automatically, if You do not cancel the subscription.If the third-party payment services provider collects the payments, we are not responsible for the personal data they process.The payments are subject to a refund only in several cases.
Before the Account’s registration, You must choose between the subscription plans we offer.
Our subscription plans contain the following terms supplementing these Terms and differ in:
subscription fee;termthe available Services list.
You can learn more about Our subscription plans here.
We reserve the right to change the subscription plans and the list of Services available under them at any time. We will notify You on any such changes.
The subscription activation is subject to the full prepayment of the subscription fee.
All payments under these Terms are charged automatically via the third-party payment services provider (in particular, Stripe), unless we agree to the payments under the invoices.
The payments will be charged on a monthly or annual basis after two calendar days following the end of the trial period.
The subscription fees paid via the third-party payment services may include any other mandatory payments (taxes, duties, etc.).
A discount may be applied to the annual subscription plan. However, suppose You delete the Account, or these Terms are terminated early for any reason (less than one calendar year after the subscription), You must reimburse the discount amount.
When you use the third-party payment services, You are subject to other terms and privacy notices. We are not responsible for the processing of Your personal data by such a provider.
The Company may immediately suspend the provision of the Services up to fourteen (14) calendar days, if the payments are delayed or failed.
If We do not receive a relevant payment, We will terminate the provision of the Services.
During the Trial Period and for two 2 calendar days after its end You may request a full refund of the subscription fee You paid before the registration, if the A/B test provided within the trial period has indicated no growth in Your clients` conversion of the Storefront for more than 10% (ten percent) compared to the conversion of the Store within the same period. To do so, please, contact us.
If You purchased an annual subscription, You may request a refund of the payment You made for the remaining months following the months of Your request. Please note that, in such a case, You have to reimburse the discount amount.
If You purchased a monthly subscription, the payments You made under these Terms are not subject to a refund after the trial period, including in the following cases:
if You terminate the provision of the Services or delete Your Account;if the Company terminates (or suspends) the provision of the Services;the Services provision is impossible (in whole or part) due to Your (Your employee’s or other your team members’) fault;We did not provide the full scope of the Services under the subscription plan, save for our fault or negligence; orthe change of subscription plan offered by Jiffsy.
In other cases, we may review Your specific case at our own discretion.
To initiate the refund You have to send the relevant request to [email protected] and indicate the “Refund: [Store name]” as a subject of the letter.
The funds will be refunded to the card used for the original payment, if the Parties do not agree otherwise.
For more information about the refunds, please contact us.
You can change the subscription plan at any time by contacting us.
You will have to pay the difference, if Your new subscription plan is more expensive than the previous one. If the new subscription plan is cheaper, the fee is not subject to a refund.
Your subscription will be immediately canceled, if You delete the Account or if the payment due is delayed for more than 14 calendar days.
Your subscription will be automatically renewed for the subsequent subscription period under the same conditions. You will be charged for the next subscription period unless You cancel at least 24 hours before the subscription renewal date.
We treat the information You share with Us with due care.We will keep the information secret, unless it is public or you direct us to disclose it.
During the Services provision, one Party (“Receiving Party”), or its founders, shareholders, directors, managers and other officials, customers, contractors, employees, affiliates, partners, sponsors (“Representatives”), can receive or exchange the non-public information (“Confidential Information”) regarding the other Party (“Disclosing Party”), or its Representatives, the disclosure of which may lead to the Disclosing Party’s damages.
The Confidential Information, whether shared in writing, orally, on paper, electronically, or in any other medium or form, includes:
information on the commercial and organizational structure of the Disclosing Party and its Representatives;agreements concluded by, or in favor of the Disclosing Party and its Representatives, as well as any information and data in such agreements, including the information on the prices, scope, methods, and manners of the provision of the services;information on the financial condition of the Disclosing Party and its Representatives (in particular, financial transactions discussed, planned, or made, public and internal financial reporting, amount of capital owned, borrowed, or engaged, expenditures amount, projects’ profitability level, and payback period, investments discussed, planned or made, etc.);commercial information on the Disclosing Party and its Representatives (in particular, the customers`` list, market analysis methods, market strategy, pricing policy, etc.);information of professional, business, and other nature that relates to the Disclosing Party and its Representatives, and business activities in general;discussed, adopted, or implemented decisions of the Disclosing Party and its Representatives of organizational, production, and other nature;personal data of the Representatives;information on inventions, know-how, industrial designs, other objects of intellectual property, formulas, processes, technical specifications, photographs, plans, sample reports, models, research;any texts, images, audio, video, photo, and other materials on different media (electronic, paper, etc.), exchanged or provided under these Terms;other information marked as confidential in or in the ordinary course of business would be considered confidential.
The Confidential Information does not include the information that:
at the time of disclosure, is broadly known and publicly available;becomes part of the public domain after the disclosure otherwise than through a breach of the confidentiality obligations;is disclosed by third parties (who are not a previous or current Representatives of the Disclosing Party), which did not violate any of the confidentiality obligations, disclosing such information;was known to the Receiving Party prior to receipt from the Disclosing Party;is independently developed by the Receiving Party without any use or reference to the Confidential Information.
The Receiving Party undertakes:
to keep Confidential Information in a secure place and in conditions that exclude the possibility of unauthorised access to such information;not to use the Confidential Information for any aims other than prescribed by these Terms;not to publish, disclose and otherwise disseminate the Confidential Information to any third party, without the prior consent of the Disclosing Party;not later than 3 (three) calendar days to notify the Disclosing Party of any known unauthorised disclosure.
The Receiving Party can disclose the Confidential Information as follows:
only with the Disclosing Party’s prior written consent provided via email; orupon the compulsory notification to the Disclosing Party, to public authority or judicial authorities, if it is necessary for judicial protection; orwithout prior consent or notification of the Disclosing Party, if the disclosure is made for the protection in any investigation, arbitration, litigation, mediation bodies; to such party’s attorneys and legal consultants.
Third-Party Websites and Services
Some functions of the Website or Storefront depend on third-party services, which we do not control; therefore, we cannot guarantee the uninterrupted operation of all features.
The Website or Storefront depends on or contains the links to other websites and services governed by third parties. We do not control the features available or accessed through such websites and services.
We are not responsible for the content and services offered through them, and for any losses, damages, or other liabilities incurred as a result of Your use of such websites and services.
Content and Intellectual Property
We own or have a relevant license to the Content.We give You rights to use the Website and Storefront under these Terms.You are prohibited from copying and distributing Content we own in violation of Our rights.
All materials on the Website and Storefront, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (“Content”), as well as copyright and other intellectual property rights to such Content belong to Us or is included in the Website or Storefront with the consent of the owner.
By providing Us with any intellectual property objects as the Necessary Materials (including logos, symbols, fonts, trademarks and service marks, etc.) You provide:
Us with a non-exclusive, revocable, sublicensable, transferable worldwide license to use the Necessary Materials for the provision of the Services under the Terms for the period of your subscription; andthe Storefront’s end-users with license to access and view them for the entire period of their publishing on the Storefront.
The Content, or any elements thereof, may not be used without Our or owner’s prior written consent in any manner not provided by these Terms.
If You comply with these Terms, we grant You a limited, worldwide, non-exclusive, revocable license, without the right to sublicense and transfer, for the period of Your subscription to:
use the Website and the Storefront under these Terms; andaccess to and view any Content posted on or through the Website or the Storefront for Your personal, non-commercial use, and business purposes.
You must not:
reproduce, publish, distribute, modify, create, or otherwise use the Content We own for commercial or illegal purposes without our prior written consent;sell, lease, rent, license, sublicense or otherwise distribute the Content We own;copy, decompile, disassemble, translate or reverse engineer the Content We own, in whole or in part;write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Content We own, and its updates;provide, disclose, divulge or make available to, or permit the use of the Content We own by any third party without Our prior written consent;avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure we implement or any of our providers or any other third party (including another user) to protect the Content We own.
Warranties and Disclaimers
The software is provided to You “as is.”We do not promise that the Website and Storefront will function uninterrupted as provided in these Terms and disclaim all other warranties.The Website’s and Storefront’s software may malfunction, in which case we will make every effort to resume its correct operation.
The software is provided to You “as is.”
To the fullest extent permitted by law, we disclaim all warranties concerning the Website and Storefront, their functionality, and Content, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.
We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the Website and Storefront. We do not warrant that the operation of the Website and Storefront will be uninterrupted or secure, that any defects will be corrected, or that the Website and Storefront will be free of viruses or other harmful elements.
We do Our best to keep Your data safe and secure and maintain the Website’s and Storefront’s functionality. However, the Website and Storefront may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, or limited, or curtailed.
We are not responsible for data loss or the inability to use passwords or other information for login or identification caused due to the above.
We are not liable for any loss or damage caused by Your use or inability to use the Website or Storefront or otherwise arising under these Terms.We are not liable for any consequences of the application of the Services provision results in Your business activity.You are liable for timely and full payment for the Services.The Parties are liable for any violation of the Confidentiality clause.
We shall not be held responsible, if any information, materials, or the Content available through the Website and Storefront are inaccurate or incomplete and for typographical errors or omissions in the text, price, or other materials.
In no event shall We or Our subcontractors or any other team members be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the Website or Storefront; for damage caused by the use of information obtained through the Website or Storefront, caused by a defect in the Services provided under these Terms, as well as as a result of errors, defects, and interruptions in the Website or Storefront, even if We were notified of such damage.
The above disclaimer applies to the extent permitted by applicable law.
We are not liable for any results of Your application of the Services results in Your business activity.
Our liability under these Terms is limited to the sum of the fees paid by You during the last six (6) months preceding the claim.
You agree to be liable for timely and full payment for the Services. We may suspend the provision of the Services and provide a one-time warning in the following cases:
if You delay the payment – for the period of such a delay but not longer than fourteen (14) calendar days from the provideddate of the payment;if the Company has reasonable suspicions that you (your employees or other team members) сommit the crimes or any other wrongful or illegal activity using the Website, Storefront, or any result of the provision of the Services – until you provide a reasonable written refutation of such suspicions (confirmed by pieces of evidence, if necessary).if You violate these Terms otherwise – for 3 calendar days.
We may delete Your Account, if You delay the payment for more than 14 calendar days.
The Parties have to reimburse the real documented damages caused by the Confidential Information disclosure that:
arose due to the Party’s fault; andconfirmed by the decision of the body authorised to settle the disputes under these Terms.
If You violate these Terms, misuse the Website or Storefront, or violate any law or third party’s rights, You agree to indemnify and defend the Company.
You agree to defend, indemnify and hold harmless Us and Our Representatives from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
any breach by You of any of these Terms;Your use/misuse of the Website or Storefront;a violation by You of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which You are subject.
We reserve the right to handle our legal defense; however, we see fit, including instances when You indemnify us. Therefore, you agree to cooperate with us to execute our strategy.
The Party is released from liability for any breach of these Terms if such breach is caused by reasons beyond the control of this Party.The authorised body has to confirm the Force Majeure.The Party shall immediately notify the other one about the Force Majeure.If the Force Majeure lasts for more than 30 calendar days, the Party may refuse to perform its obligations under these Terms, and in this case, neither Party has to compensate the other Party for the losses.
The Party is released from liability for breach of these Terms if such breach is caused by reasons beyond the control of this Party (“Force Majeure”).
The Force Majeure shall be confirmed by the relevant document (certificate) issued by the authorised body at the Party’s request.
The Party must immediately (and not later than within ten (10) calendar days from such circumstances occurrence) notify the other Party of the Force Majeure and substantiate its interference with the performance of obligations under these Terms. Otherwise, such a Party loses the right to refer to the Force Majeure.
Force Majeure automatically extends the term of performance of obligations under these Terms for a period equal to its duration. Force Majeure releases the Party invoking it from the liability for non-performance.
If the Force Majeure lasts for more than 30 calendar days, either Party may initiate the termination of these Terms.
Applicable Law and Jurisdiction
The laws of the Republic of Estonia govern these Terms.We hope to settle all the issues by peaceful means.If a severe dispute arises between us, it must be settled exclusively by the Arbitration Court of the Estonian Chamber of Commerce and Industry (Tallinn, Estonia).
These Terms shall be exclusively governed by and construed under the laws of the Republic of Estonia, excluding its rules on conflict of laws.
You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be settled through amicable negotiations directly with the Company following the principles of good faith and cooperation.
If attempts to reach a consensus through the negotiations fail, the dispute shall be settled exclusively by the Arbitration Court of the Estonian Chamber of Commerce and Industry (Tallinn, Estonia).
The arbitration shall be settled by one arbitrator whose decision is final. The language of the arbitration shall be English if the Parties do not agree otherwise.
To terminate the agreement with the Company, You have to delete and no longer use or access the Account.We can terminate Your access to the Account, if You violate these Terms.
We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue the Website, Storefront, Content, feature, or offers through the Website or Storefront at any time. You agree that we shall not be liable to You or any third party should any of the preceding occur.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of Your license and access to the Website and Storefront.
We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.
You may terminate the Services provision. For that matter, You have to contact us for the relevant request. In such a case, You will lose access to the Account and the Storefront.
You also may terminate this agreement with us by deleting the Account and no longer accessing or using the Website and Storefront. In such a case, You will lose access to the Account and Storefront.
If you terminate this agreement, all permissions and licenses under these Terms will immediately terminate.
In case of termination of the Services provision, We will delete all data (databases, etc.) regarding You, the Store or Storefront, except that are necessary for accounting or archival purposes under the law.
You can request the retrieval of such data copies by contacting us.
By using the Website and providing us with Your contact details, You understand and agree that we may send You the electronic notifications via email and messengers, and services for the video calls logged by such details regarding, without limitation:
Your use of the Website or Storefront;updates of Website or Storefront and these Terms;transactions under these Terms;commercial emails (subject to Your consent)
We reserve the right at our sole discretion with prior notice to You may unsubscribe from receiving commercial emails from us by following the instructions provided in such emails.
To communicate with us and receive notifications You can request access to chats in messengers logged in with the contact details filled in the Account (including but not limited to Telegram, Slack, Whatsapp, Google Meet, Zoom, etc.).
You can read more about personal data processing in our Privacy Notice.
We may transfer our rights and obligations under these Terms to a third party, but this will not affect Your rights or our obligations.
At Our sole discretion, We reserve the right to modify these Terms. If material changes affect Your use of the Website or the Storefront, we will notify You before the changes’ effective date by sending a notification to You. If You continue to use the Website or the Storefront, You agree to the updated version of these Terms.
If You disagree with the updated version of these Terms, please, contact us during the fourteen (14) days after the changes’ effective date, and we may discuss the cooperation under the exclusive terms.
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Website or Storefront to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.