WELCOME TO JILT®, WHICH IS OWNED AND OPERATED BY SKYVERGE®, INC. (“JILT”, “WE”, “US”, or “OUR”). PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THESE “TERMS” or “TERMS OF SERVICE”) CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE, PURCHASING SERVICES, OR CLICKING AT THE TIME OF YOUR REGISTRATION FOR THE SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH JILT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES.

These Terms apply to your access to and use of jilt.com, app.jilt.com, jiltapp.com, and any related websites (collectively, the “Site”) and Jilt’s services, applications (the “App” or “Apps”), and features (collectively, the “Services”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Jilt for violations of these Terms.

Any new features that are added to the current App shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at here. Jilt reserves the right to update and change the Terms of Service (or any policy or guideline of Jilt) at any time, without notice. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Your continued use of the Services following any changes will constitute your acceptance of such changes or modifications.

Privacy Policy

Please refer to our privacy policy for information on how Jilt collects, uses, and discloses your information when you use our Services.

Section 1: Account Terms

In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Jilt, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Jilt.

You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.

The Services are not intended for users who are under the age of 16. In order to create an account for the Services, you must be 16 years of age or older. If children between the ages of 16 and 18 wish to use the Services, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 16 years of age or older.

You may not use our App for any illegal or unauthorized purpose, nor may you, in the use of this App, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States or the Commonwealth of Pennsylvania.

A breach or violation of any of the Account Terms as determined in the sole discretion of Jilt will result in an immediate termination of your access to apps services.

Section 2: General Conditions

You must read, agree with, and accept all terms and conditions in these Terms of Service and the Privacy Policy before you may use the App.

  1. Technical support is only provided to paying users and is only available via ticketed email support.
  2. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the App, use of the App, or access to the App without the express written permission of Jilt.
  3. You shall not utilize domain names that use Jilt or any SkyVerge trademarks and/or variations and misspellings thereof.
  4. Questions about the Terms of Service should be sent to help@jilt.com.

Section 3: Jilt Rights

  1. We reserve the right to modify or terminate a Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any lawful reason at any time.
  3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Jilt customer, Jilt employee, member, or officer can result in immediate account termination.
  5. Jilt does not pre-screen content and it is in their sole discretion to refuse or remove any Content that is available via the Services.
  6. We reserve the right to provide our App and Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Jilt employees and contractors may also be Jilt customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

Section 4: Limited License

Unless otherwise indicated in the Services, the Services and all content and other materials contained therein, including, without limitation, Jilt logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Jilt Materials”) are the proprietary property of Jilt or its licensors or users and are protected by U.S. and international intellectual property laws.

You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Jilt Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use Jilt Materials for any commercial purpose; (b) distribute, publicly perform or public display of any Jilt Materials; (c) modify or otherwise make any derivative uses of Jilt Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of Jilt Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer Jilt Materials, translate Jilt Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying Jilt Materials or reduce Jilt Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within Jilt Materials; or (h) use Jilt Materials other than for their intended purpose. Any use of Jilt Materials other than as specifically authorized herein, without the prior written permission of Jilt, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.

You acknowledge that all right, title and interest in and to Jilt Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with Jilt or its third party licensors.

Section 5: Limitation of Liability

  1. You expressly acknowledge, understand and agree that Jilt is not liable for any damages, losses or other claims arising or in any way occurring because of, or resulting from, your use of (or inability to use) Jilt Apps or Services, including, without limitation, direct and indirect damages, losses or other claims based on the negligence of Jilt.
  2. You expressly acknowledge, understand and agree that Jilt is not liable for any special, incidental, consequential, exemplary or similar damages in any way occurring because of, or resulting from, your use of (or inability to use) Jilt apps or Services, including, without limitation, damages for lost profits or business interruption and damages based on the negligence of Jilt.
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Jilt partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of this App is at your sole risk. The App is provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
  4. Jilt does not warrant that apps or the service will be uninterrupted, timely, secure, or error-free.
  5. Jilt does not warrant that the results that may be obtained from the use of apps or the service will be accurate or reliable.
  6. Jilt does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Apps or services will meet your expectations, or that any errors in the Service will be corrected.

Section 6: Waiver and Complete Agreement

The failure of Jilt to exercise or enforce any right or provision of these Terms of Service, from time to time, shall not constitute a waiver of Jilt’s right to do so at any time. The Terms of Service constitutes the entire agreement between you and Jilt regarding your use of Jilt Apps or Services. The Terms of Service cannot be modified by you without the consent of Jilt. As set forth in these Terms of Service, the Terms of Service can be amended, modified or replaced by Jilt at any time without your consent. At all times, the most current version of these Terms of Service will be in effect and each amended, modified or replacement Terms of Service supersede any prior Terms of Service.

Section 7: Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Jilt App or Services. All material you upload remains yours.
  2. You can remove your Jilt App access or Service at any time by canceling your account. This may, but will not necessarily, remove all content you have stored in the App. If you wish the App data to be expunged, simply send an email to help@jilt.com with your store URL and a message requesting the App data to be deleted for your shop.
  3. By uploading images and item description content to Jilt Apps, you agree to allow other internet users to view them and you agree to allow Jilt to display and store them and you agree that Jilt can, at any time, review all the content submitted by you to its Apps or Services.
  4. You retain ownership over all content that you submit to a Jilt App; however, by making your store public, you agree to allow others to view your content.

Section 8: Payment of Fees

  1. To access Jilt Apps and services, users agree to accept charges and pay recurring charges associated with their accounts for the Apps and Services. Failure to accept these charges will result in removal of your access to Jilt Apps and Services.
  2. The App and Services will be billed in 30 day intervals. When your billing period is over, Jilt users will be sent an invoice via email. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All billing and invoicing is conducted via Jilt and processed securely via Stripe or PayPal.
  4. Jilt may provide refunds for up to one billing period. Refunds will not exceed one billing period.

Section 9: Cancellation and Termination

  1. You may cancel your account at anytime by canceling the App from your Jilt dashboard and uninstalling it from your store.
  2. Once cancellation is confirmed, your Content may be deleted from the App or Services. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel access to the App in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the Jilt App or Services for any reason, without notice, at any time.

Section 10: Modifications to the Service and Prices

  1. Prices for using Jilt Apps and Services are subject to change upon 30 days notice from Jilt. Such notice may be provided at any time by posting the changes to the Jilt Site (jilt.com), email, or the administration menu of your store via an announcement.
  2. Jilt reserves the right at any time to time to modify or discontinue the Apps (or any part thereof) with or without notice.
  3. Jilt shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the App or Services.

Section 11: DMCA Notice and Takedown Procedures

  1. Jilt supports the protection of intellectual property and asks users to do the same. It’s our policy to respond to all notices of alleged copyright infringement.
  2. If someone believes that one of our users is infringing their intellectual property rights, they can send a DMCA Notice via email to info@skyverge.com with the complaint, including all requisite information.
  3. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement.
  4. Once provided with a notice of takedown, the user can reply with a counter notification to help@jilt.com if they object to the complaint.
  5. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.

Section 12: Other General Terms

Notwithstanding any of these Terms, Jilt reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your access to and use of the Services.

If any provision of these Terms is be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Notwithstanding any terms to the contrary in these Terms, Jilt may choose to electronically deliver all communications with you, which may include: (a) e-mail to your e-mail address indicated in your communications with Jilt or upon registration for the Services; or (b) posting messages that are displayed to you when you log in to or access the Services. Jilt’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Jilt, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such e-mail.

Section 13: Questions and Contact Information

If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at help@jilt.com.

Changes to the Terms of Service

2016-11-27: Updated links from getjilt.com to jilt.com.
2016-03-29: Updated Section 8 to reflect updated refund policy.


Jilt | SkyVerge, Inc.
4 Holly Drive
Douglassville, PA 19518
USA

Some terms adapted from Automattic legalmattic, CC BY-SA 4.0 license.