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Jotit App Terms and Conditions

Effective date: 23 July 2025


These Terms and Conditions (“Terms”) form a legal agreement between you (the “User” or “Customer,” acting on behalf of yourself or an educational institution) and Jotit Inc. (“Jotit,” “we,” or “us”). By using the Jotit.io platform, mobile applications, or related services (collectively, the “Services”), you agree to be bound by these Terms and by our Privacy Policy. If you are using the Services on behalf of a school, district, or other institution, you represent that you have the authority to bind that institution. If you do not agree to these Terms, do not use the Services.


1. Definitions

  • Account: The credentials and associated profile through which a User accesses the Services.

  • Confidential Information: Non‑public information disclosed by one party to the other that is identified as confidential or that should reasonably be understood to be confidential due to its nature.

  • Institution: A school, district, or other educational entity that enters into an agreement with Jotit to use the Services.

  • User: An individual (such as a student, teacher or administrator) authorised by an Institution to access the Services.

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2. Access to the Services


2.1 Provision of Services – Jotit will provide access to the Services on a software‑as‑a‑service basis. We use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, except for planned maintenance and downtime beyond our control. You are responsible for obtaining and maintaining any hardware, software and internet connections required to access the Services and for any fees associated with such access.


2.2 Modifications – Jotit may improve, enhance or modify the Services from time to time and may discontinue or remove features. We will not materially reduce core functionality without providing reasonable notice. If we discontinue the Services, your sole remedy will be to receive a pro‑rated refund of any prepaid fees for unused services.


2.3 Registration and Account Security – To use certain features, you must create an account by providing accurate, current and complete registration information and maintaining it accordingly. You are responsible for safeguarding your username and password and for any activity under your account. Do not share your credentials or allow others to access your account. If you suspect unauthorized use, you must notify Jotit immediately.


2.4 Eligibility – Users must be at least 13 years old or have been authorised by a parent, guardian or Institution to use the Services. Institutions are responsible for obtaining any parental consent required under applicable laws such as the Children’s Online Privacy Protection Act (COPPA) and ensuring that Users’ participation complies with the Family Educational Rights and Privacy Act (FERPA) and other applicable student‑privacy laws.


2.5 Licence to Use the Services – Subject to these Terms and any separate agreement with your Institution, Jotit grants you a limited, non‑exclusive, non‑transferable licence to access and use the Services for educational purposes. You may not: (a) copy, modify, create derivative works of or reverse engineer the Services; (b) sell, resell, lease, lend or market the Services to any third party; (c) use the Services to transmit unlawful, libellous, obscene, infringing, harassing or tortious material or malicious code; (d) attempt to gain unauthorised access to the Services or related systems; or (e) use automated scraping tools, metatags or “hidden text” referencing Jotit or our trademarks.


3. Intellectual Property
Jotit and its licensors retain all rights, title and interest in and to the Services, including the website, software, documentation, trademarks and logos. Nothing in these Terms transfers any proprietary rights to you except the limited licence stated above. You agree not to remove or obscure any copyright or proprietary notices on the Services.


We welcome feedback and suggestions about the Services, but you agree that Jotit may use them without obligation to you.


4. Acceptable Use
You agree to use the Services only for lawful and educational purposes and in compliance with these Terms, any applicable institutional agreements, and all laws and regulations. In particular, you must not:

 

  • Violate the intellectual‑property, privacy or other rights of third parties or send unauthorized advertising or spam.

  • Transmit harmful code, interfere with or disrupt networks or systems, or bypass security or usage limits.

  • Engage in harassment, bullying, threats, fraud, impersonation or other misconduct.

  • Copy, distribute or share any portion of the Services unless expressly permitted by Jotit or your Institution.

  • Jotit may investigate misuse of the Services and suspend or terminate accounts for violations.


5. Confidentiality and Privacy


5.1 Confidential Information – Each party agrees to protect the other’s Confidential Information using at least the degree of care it uses for its own confidential information (but no less than reasonable care) and to use it only as necessary to perform under this Agreement. Confidential Information does not include information that is publicly available or independently developed without use of the other party’s information. If required by law to disclose Confidential Information, the receiving party will provide notice (to the extent legally permitted) and cooperate in seeking protective measures.


5.2 Privacy Policy – Jotit’s Privacy Policy explains how we collect, use, share and protect personal information, including student education records. The Privacy Policy is incorporated into these Terms by reference and forms part of your agreement.


6. Warranties and Disclaimers


6.1 Limited Warranty – Jotit warrants that it will provide the Services with commercially reasonable care. If the Services do not materially conform to their documentation under normal use, we will use reasonable efforts to correct the nonconformance or allow you to terminate the affected services for a pro‑rated refund.


6.2 Disclaimer – Except as expressly provided, the Services are provided “as is” without warranties of any kind. Jotit disclaims all other warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non‑infringement. We do not guarantee that the Services will be uninterrupted, error‑free or meet your specific requirements, nor are we responsible for delays or damages caused by internet or telecommunications failures.


7. Indemnification

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7.1 Indemnification by Jotit – Jotit will defend and indemnify Institutions against third‑party claims that the Services, when used in accordance with these Terms, infringe a valid U.S. intellectual‑property right, and will pay any settlement or judgment costs awarded. If the Services become the subject of such a claim, we may procure the right for you to continue using them, replace or modify the Services to make them non‑infringing, or, if these options are not commercially reasonable, terminate the affected Services and refund unused fees.


7.2 Indemnification by Users/Institutions – To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Jotit and our officers, directors, employees and agents from and against any claims, losses, damages, liabilities and expenses arising out of or relating to your breach of these Terms or your misuse of the Services. This indemnity does not apply to the extent the claim results from Jotit’s gross negligence or wilful misconduct.


8. Limitation of Liability
To the maximum extent permitted by law, Jotit will not be liable for any indirect, incidental, special, consequential or punitive damages or for any loss of data, business or profits arising out of or relating to the Services, even if advised of the possibility of such damages. Jotit’s total cumulative liability for any claims under these Terms will not exceed two times the contract value for the year of service or the amounts paid by the Institution or User to Jotit for the Services during the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow certain exclusions or limitations, so some of these limitations may not apply to you.


9. Termination


9.1 Termination by You: You may stop using the Services at any time. Institutions may terminate their subscriptions by providing written notice as set forth in their contract.


9.2 Suspension or Termination by Jotit: We may suspend or terminate your account or cease providing the Services if: (a) you violate these Terms or applicable law; (b) we are required to do so by law; (c) continued provision of the Services would expose us to legal liability or harm other Users or our business; or (d) meeting the contractual financial obligations. We may delete inactive accounts after twelve consecutive months of inactivity, after providing notice to the email address associated with the account. Upon termination, your right to use the Services will end immediately.


9.3 Effect of Termination: Sections that by their nature should survive termination (including confidentiality, indemnification, limitations of liability and governing law) will survive termination.


10. Compliance with Laws and Student‑Privacy Requirements
Jotit is designed for educational use and complies with FERPA, PPRA, COPPA, the Illinois School Student Records Act (ISSRA), Florida’s Student Online Personal Information Protection Act (SOPIPA), the Oklahoma Student DATA Act and other applicable student‑privacy laws. Institutions are responsible for providing required notices to parents and students, obtaining necessary consents and ensuring that use of the Services is consistent with their policies and state privacy agreements. Jotit will sign state‑level Student Data Privacy Agreements upon request and will adhere to their terms.


11. Dispute Resolution and Governing Law


11.1 Informal Resolution: We want to address concerns without the need for litigation. Before filing a claim against Jotit, you agree to contact us and try to resolve the dispute informally.


11.2 Governing Law and Venue: These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict‑of‑law rules. Unless otherwise required by law, any claims arising out of or relating to these Terms or the Services must be brought in the state or federal courts located in New Castle County, Delaware, and you and Jotit consent to the personal jurisdiction of such courts.


11.3 Arbitration: Institutions may enter into separate agreements with Jotit that include arbitration provisions. Unless such provisions apply, disputes will be resolved in the courts identified above.


12. Notice and Communications
Jotit may provide notices to you via the Services, by email or by other reasonable means. You are responsible for keeping your email address current. If the last email address you provided is invalid, Jotit’s dispatch of the notice will constitute effective notice. You may give notice to Jotit at Jotit Inc., 1000 N West St, Suite 1400, Wilmington, DE 19801, USA, or by email to privacy@jotit.io.


13. General Provisions


13.1 Assignment: You may not assign or transfer these Terms or your rights or obligations under them without Jotit’s prior written consent. Jotit may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets.


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


13.3 Waiver: Our failure to enforce any provision of these Terms will not constitute a present or future waiver of such provision.


13.4 Entire Agreement: These Terms (together with the Privacy Policy and any separate agreements with your Institution) constitute the entire agreement between you and Jotit concerning the Services and supersede all prior or contemporaneous agreements. We may modify these Terms from time to time; if we make material changes, we will provide reasonable notice and the revised Terms will take effect upon posting. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.


By accessing or using Jotit.io, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy.
 

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