Version 1.3 · Effective August 2, 2026
JONO Terms of Service
Version 1.3 | Effective Date: August 2, 2026
Article 1 – About Jono and These Terms
These Terms of Service ("Terms") govern your access to and use of the services provided by Jono, Inc. ("Jono," "we," "our," or "us").
Jono provides technology that businesses may use as part of their customer communications and business operations. The Services may include automated communications, artificial intelligence capabilities, workflow automation, data processing, analytics, and other features that we make available from time to time.
These Terms create a legally binding agreement between you and Jono. By clicking a checkbox or button that references these Terms, creating an Account after these Terms are presented to you, or otherwise expressly accepting these Terms, you agree to be bound by them. If you do not agree to these Terms, you must not create an Account or access or use the Services.
If you access or use the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, references to "you" and "your" mean both the individual accepting these Terms and the business or legal entity on whose behalf the Services are used.
You must be at least eighteen (18) years old to create an account or use the Services.
These Terms incorporate by reference our Privacy Policy and any additional policies or documents that expressly state that they form part of these Terms, in each case as made available by Jono (including on Jono's website) and as in effect from time to time. A referenced policy or document forms part of these Terms only if and when Jono makes it available.
1.1 Defined Terms
"Account" means the account through which a customer accesses or uses the Services.
"Authorized User" means an individual whom the customer authorizes to access or use the Services on its behalf.
"Business Profile" means the business identity, contact details, service information and other profile information supplied or approved by the customer.
"Business Knowledge" means information supplied or approved by the customer concerning its business, services, policies, operating practices and customer communications.
"Business Configuration" means the settings, instructions, preferences and workflows selected or approved by the customer for operation of the Services.
"Communication Channels" means SMS and any other communication methods that Jono makes available through the Services from time to time.
"Communication Insights" means summaries, classifications, extracted information and other insights generated from communications processed through the Services. Communication Insights do not constitute or guarantee a qualified lead, appointment, sale or other commercial result.
Article 2 – Eligibility and Business Accounts
To use the Services, you must:
- be at least eighteen (18) years old;
- have the legal capacity to enter into a binding contract; and
- comply with these Terms and all applicable laws.
The Services are intended primarily for use by businesses and other organizations. By creating an account or using the Services on behalf of a business or other legal entity, you represent and warrant that you are authorized to act on behalf of that business or entity and to bind it to these Terms.
You are responsible for ensuring that the information you provide during registration remains accurate and up to date. You must not provide information that is false, misleading, or that infringes the rights of any third party.
You are responsible for maintaining the security of your account, credentials, and any devices or communication channels used to access the Services. You must promptly notify Jono if you become aware of any unauthorized access to or use of your account.
Jono may refuse registration, suspend, or terminate accounts where we reasonably believe that:
- these Terms have been violated;
- applicable law requires us to do so; or
- doing so is necessary to protect the Services, our users, third parties, or Jono.
Article 3 – The Services
Jono provides technology and related services that businesses may use as part of their customer communications and business operations. The current Services are focused on missed-call response and related communication processing. Additional functionality applies only when Jono makes it available.
The Services may include communication tools, artificial intelligence capabilities, automation features, data processing, reporting, analytics, integrations and other functionality that Jono makes available from time to time.
The features, functionality and availability of the Services may vary depending on factors including the customer's subscription, configuration, geographic location, technical requirements, third-party services, applicable law and ongoing product development.
Jono may introduce, modify, improve, replace, suspend or discontinue any aspect of the Services in accordance with these Terms and applicable law.
Certain features may rely on services, infrastructure or technology provided by third parties. Jono is not responsible for the availability, acts or omissions of those third-party providers, except where required by applicable law.
From time to time, Jono may offer beta, preview, early access or experimental features. Unless otherwise stated, such features are provided "as is", may be modified or withdrawn at any time and may be subject to additional terms.
Article 4 – Customer Responsibilities
You are responsible for your use of the Services and for ensuring that your use complies with these Terms and applicable law.
You are responsible for the information you provide to Jono, the configurations and settings you choose, and the communications and business activities carried out using the Services.
You are responsible for obtaining any rights, permissions, authorizations or consents required for your use of the Services and for the products or services that you provide to your own customers.
The customer authorizes Jono to transmit service-related communications through the Communication Channels on the customer's behalf in response to missed calls, caller interactions or other events configured or approved by the customer through the Services.
The customer is responsible for ensuring that it has a lawful basis for those communications and for providing notices and obtaining consents required because of the customer's business, relationship with the recipient, instructions or use of the Services. Jono remains responsible for obligations imposed directly on Jono by applicable law.
Each party must honor valid opt-out or consent-revocation requests to the extent applicable to its respective activities and responsibilities and must reasonably cooperate where a request affects communications sent through the Services.
You must use the Services only for lawful purposes and in a manner that does not infringe the rights of others or interfere with the security, integrity or operation of the Services.
You remain solely responsible for your relationships with your customers and other third parties, including the products, services, representations, commitments and obligations that you provide or undertake.
You are responsible for reviewing outputs generated through the Services where appropriate for your business and for determining whether those outputs are suitable for your intended use.
Article 5 – Acceptable Use
You must not use, or permit others to use, the Services to:
- violate any applicable law or regulation;
- infringe the intellectual property, privacy or other rights of any person or entity;
- impersonate any person or entity or falsely suggest any affiliation, endorsement or authority;
- provide false, fraudulent or misleading information to Jono or through the Services;
- send or facilitate unlawful, deceptive, abusive, harassing, threatening or fraudulent communications;
- distribute malware, malicious code or other harmful technology;
- interfere with, disrupt, damage, test the vulnerability of, or gain unauthorized access to the Services or any systems or networks connected to the Services;
- use the Services in a manner that could impair their security, integrity, availability or performance;
- access or use the Services, or any information, outputs or materials obtained through the Services, for the purpose of monitoring their availability, performance or functionality, or for developing, benchmarking, improving, supporting or commercializing any product or service that competes with Jono's Services, without Jono's prior written consent;
- except to the extent prohibited by applicable law, reverse engineer, decompile, disassemble, analyze, decode, attempt to derive, discover or recreate the source code, underlying models, algorithms, workflows, architecture or other non-public aspects of the Services.
You must not use the Services in a manner intended to copy, reproduce or replicate the functionality, user experience, business logic or operational workflows of the Services for the purpose of creating or supporting a competing product or service.
You must not misuse the Services in a manner that exposes Jono, its customers, users, partners or third parties to legal, regulatory, operational or security risks.
Restricted Businesses and High-Risk Activities
The customer may not use the Services in connection with any business, activity, product or service that is unlawful or that Jono reasonably determines presents unacceptable legal, regulatory, reputational, operational, security, or trust and safety risk. Without limiting the foregoing, the Services may not be used in connection with activities involving illegal products or services; fraud or deceptive practices; money laundering or sanctions evasion; terrorism or extremist organizations; human trafficking, child exploitation or abusive activities; counterfeit or stolen goods; unlawful weapons trafficking; illegal drugs or controlled substances; adult or sexually explicit services, including prostitution or escort services; unlawful gambling or wagering; spam, phishing, malware or other cybercrime; or any other activity that Jono reasonably determines is incompatible with the safe, lawful and responsible operation of the Services.
Jono reserves the right to refuse, suspend or terminate the provision of the Services where it reasonably determines that a customer, business, industry or use case presents unacceptable legal, regulatory, reputational, operational, security, or trust and safety risk.
Jono may maintain and update an Acceptable Use Policy or similar policy identifying additional prohibited or restricted businesses, activities or use cases. Any such policy made available by Jono is incorporated into these Terms by reference.
Jono may investigate suspected violations of this Article and may suspend or terminate access to the Services, remove content, cooperate with law enforcement or regulatory authorities, or take any other action reasonably necessary to protect the Services, Jono, its customers or third parties, subject to applicable law.
Article 6 – Subscription Plans
Jono may offer the Services under one or more subscription plans, usage-based plans, free plans, trial plans or other commercial arrangements, as determined by Jono from time to time.
The features, functionality, usage limits, Communication Channels and pricing associated with each plan will be described through the Services or otherwise made available by Jono.
Certain features or functionality may only be available under specific plans or may require the purchase of additional capacity, usage or services.
Jono may introduce new plans, modify existing plans or discontinue plans in accordance with these Terms and applicable law.
Customers may upgrade, downgrade or otherwise change subscription plans where permitted through the Services or approved by Jono. Changes may take effect immediately, at the beginning of the next billing cycle, or at another time specified during the change process.
If a customer exceeds the usage limits of its subscription, Jono may require the customer to upgrade its plan, purchase additional capacity, or pay applicable overage charges, provided such charges have been disclosed in advance.
Jono may offer promotional, pilot or customized pricing to certain customers without creating any obligation to offer the same pricing or terms to other customers.
Unless expressly stated otherwise, subscription plans are intended for the customer's own internal business use and may not be shared, sublicensed, resold or made available to unauthorized third parties.
Article 7 – Free Trials
Jono may, at its discretion, offer free trials, pilot programs, promotional access or other limited-time offers for the Services.
Unless expressly stated otherwise, free trials are provided solely for evaluation purposes and may be subject to feature restrictions, usage limits, communication limits, time limits or other conditions determined by Jono.
Jono may modify, suspend or terminate a free trial or promotional offer at any time, subject to applicable law.
If a payment method is collected at the start of a free trial, Jono may automatically convert the trial into a paid subscription at the end of the applicable trial period unless the customer cancels before the conversion date. Where required by applicable law, Jono will provide any legally required notices before charging the customer.
Where required by applicable law, Jono will disclose before collecting a payment method: the trial terms, the date on which the first charge will occur, the amount to be charged, and how to cancel.
If no payment method is collected during the trial, continued access to the Services after the trial may require the customer to actively subscribe to a paid plan.
Jono may limit eligibility for free trials, including restricting multiple trials by the same individual, business, telephone number, payment method, device or other identifiers reasonably associated with the same customer.
Participation in a free trial does not create any obligation for Jono to continue offering the Services free of charge or under the same commercial terms.
Article 8 – Billing and Payment
Customers agree to pay all fees and charges associated with their selected subscription plan, usage of the Services or any additional products or services purchased from Jono. Fees are exclusive of applicable sales, use, value-added, withholding and similar taxes unless expressly stated otherwise. The customer is responsible for all such taxes, except taxes imposed on Jono's net income.
Unless otherwise agreed in writing, subscriptions renew automatically at the end of each billing period until canceled in accordance with these Terms.
Customers may turn off automatic renewal at any time through the Services, and the method of cancellation will be at least as simple as the method used to subscribe. For subscription terms of twelve (12) months or longer, Jono will send a renewal reminder before the renewal date where required by applicable law.
Billing periods, pricing, usage limits, overage charges and payment terms applicable to a customer's subscription will be presented during the purchase process or otherwise made available by Jono.
If a customer's use of the Services exceeds the usage limits included within the applicable subscription plan, Jono may charge applicable overage fees, require the customer to upgrade to another plan, purchase additional capacity or apply other commercially reasonable measures, provided that any applicable pricing has been disclosed in advance.
Customers authorize Jono and its payment service providers to charge the payment method associated with the customer's account for all amounts due.
Customers are responsible for maintaining accurate billing and payment information.
If a payment cannot be successfully processed, Jono may retry the payment, suspend access to some or all of the Services, downgrade the customer's subscription, or terminate the Services if payment remains outstanding, subject to these Terms and applicable law.
Except where required by applicable law or expressly agreed by Jono in writing, all payments are non-refundable.
Jono may modify its pricing from time to time. Any pricing changes affecting existing subscriptions will become effective only after reasonable advance notice and at the start of the customer's next renewal period, unless applicable law requires otherwise.
Jono may offer promotional pricing, discounts, credits, customized commercial terms or other special offers to selected customers without creating any obligation to offer identical terms to any other customer.
Jono may correct genuine pricing, billing, invoicing or administrative errors at any time, including after payment has been processed, provided that any correction is made in good faith and customers are informed where appropriate.
Enterprise agreements, negotiated contracts or order forms entered into directly with Jono may contain different commercial terms. In the event of any conflict, those specific agreements will prevail over this Article to the extent of the conflict.
Article 9 – Suspension & Termination
9.1 Suspension
Jono may suspend or restrict access to some or all of the Services, with or without prior notice where reasonably necessary, if Jono reasonably believes that:
- these Terms have been violated;
- payment is overdue;
- the Services are being used unlawfully, fraudulently or in a manner that poses security, operational or regulatory risks;
- suspension is necessary to investigate suspected misconduct;
- suspension is required to comply with applicable law, a court order or a request from a competent governmental authority; or
- suspension is reasonably necessary to protect Jono, its customers, users, partners, third parties or the integrity, security or availability of the Services.
Where reasonably practicable, Jono will notify the customer of the suspension and, where appropriate, provide an opportunity to resolve the issue before terminating the account.
Suspension or restriction of access does not relieve the customer of any obligation to pay fees, charges, taxes or other amounts that accrued before or during the suspension.
9.2 Customer Cancellation
Customers may cancel their subscription at any time through the Services or by following the cancellation process made available by Jono.
Unless otherwise stated, cancellation prevents future renewals but does not entitle the customer to a refund for amounts already paid, except where required by applicable law or expressly agreed by Jono.
9.3 Termination by Jono
Jono may terminate these Terms or a customer's access to the Services if:
- the customer materially breaches these Terms and fails to remedy the breach within a reasonable period after receiving notice, where the breach is capable of being remedied;
- the customer repeatedly breaches these Terms;
- continued provision of the Services would expose Jono to legal, regulatory, operational or security risks;
- Jono is required to do so by law; or
- Jono discontinues the relevant Service or customer offering.
Where termination results from Jono discontinuing a paid Service for business reasons rather than a customer's breach, Jono will provide reasonable advance notice and any refund required by applicable law or by Jono's contractual commitments.
9.4 Effect of Termination
Upon termination or expiration:
- the customer's right to access and use the Services ends;
- outstanding payment obligations remain payable;
- any provisions that by their nature should survive termination will continue in effect, including provisions relating to intellectual property, confidentiality, payment obligations accrued before termination, disclaimers, limitation of liability, indemnification and dispute resolution.
Jono may delete or anonymise customer data in accordance with its Privacy Policy and applicable law following termination.
Where appropriate, Jono may restore access to the Services following resolution of the issue that gave rise to a suspension, but is under no obligation to do so unless required by law or expressly agreed.
Article 10 – Customer Data
10.1 Customer Data
As between the parties, the customer retains its rights and interests in Customer Data and remains responsible for establishing the lawful authority to provide and use that data through the Services. Nothing in these Terms gives the customer ownership of personal information or other rights that it does not otherwise possess.
"Customer Data" means information, content and materials submitted to, transmitted through, stored on or otherwise made available to the Services by or on behalf of the customer, including communications, business information, configurations, uploaded content and other information associated with the customer's account. Customer Data may include personal information; where it does, that personal information is also governed by Article 13, the Privacy Policy and any applicable Data Processing Agreement.
10.2 License to Jono
The customer grants Jono a worldwide, non-exclusive, royalty-free license to host, store, copy, reproduce, transmit, modify where technically necessary, process, analyze and otherwise use Customer Data only as reasonably necessary to:
- provide, maintain and support the Services;
- operate customer accounts;
- generate AI Outputs;
- secure, troubleshoot and improve the operation of the Services for the customer;
- create aggregated, anonymized or de-identified information that does not identify the customer or any individual; and
- comply with applicable law and enforce these Terms.
Jono does not use Customer Data that identifies a customer or any individual to train or improve artificial intelligence models, and does not knowingly permit its third-party artificial intelligence providers to use such Customer Data to train or improve their models. If these practices materially change, Jono will update these Terms or the Privacy Policy and provide notice where required by applicable law. Jono may use aggregated, anonymized or de-identified information that does not identify the customer or any individual for analytics, security, product development and improvement of the Services and related technologies.
10.3 Customer Responsibilities
The customer represents that it has obtained all rights, permissions and legal authority necessary to provide Customer Data to Jono and to grant the rights described in these Terms.
The customer remains responsible for the accuracy, legality and integrity of Customer Data.
10.4 Jono Intelligence
Jono retains all right, title and interest in and to Jono Intelligence.
"Jono Intelligence" means any aggregated, anonymized, de-identified, statistical, derived or inferred information, benchmarks, optimization techniques, evaluation datasets, heuristics, taxonomies, scoring methodologies, analytics, operational learnings, product improvements and other knowledge generated, developed or improved through the operation, analysis or improvement of the Services, excluding Customer Data that identifies a specific customer or individual except as permitted by applicable law, the Privacy Policy or an applicable written agreement.
10.5 Survival
The rights granted to Jono under this Article survive termination of these Terms only to the extent reasonably necessary to:
- comply with applicable law;
- satisfy legal, regulatory or contractual obligations;
- protect Jono's legal rights;
- maintain lawful business records;
- preserve or continue using Jono Intelligence created before termination.
10.6 Ownership Clarification
Except for the limited rights expressly granted under these Terms, nothing in these Terms transfers ownership of Customer Data to Jono or ownership of Jono's Services, technology, intellectual property, Jono Intelligence or other proprietary rights to the customer. Each party retains ownership of its respective intellectual property and proprietary rights except as expressly provided in these Terms.
10.7 Prohibited Data
The Services are not designed to collect or process sensitive or regulated data. Except where expressly agreed by Jono in writing, the customer must not submit to the Services, or configure the Services to request or collect: (a) personal information of individuals known to be under eighteen (18) years of age; (b) protected health information subject to HIPAA or similar laws; (c) payment-card numbers, security codes or other cardholder data; (d) government-issued identification numbers; (e) financial-account credentials or passwords; (f) security codes, door or access codes; or (g) other special or sensitive categories of personal information under applicable law. Jono is not a "business associate" under HIPAA, and the Services are not intended for use within the scope of PCI-DSS. Jono may remove or restrict data submitted in breach of this Section and has no liability arising from such data.
Article 11 – Intellectual Property
11.1 Ownership of the Services
The Services, including all software, source code, object code, APIs, interfaces, documentation, designs, databases, trademarks, branding, copyrights, trade secrets, artificial intelligence systems and models, orchestration logic, prompt engineering, system prompts, workflows, algorithms, evaluation systems, safety mechanisms, Jono Intelligence, improvements and all related technology, intellectual property and proprietary rights, are and shall remain the exclusive property of Jono or its licensors.
Nothing in these Terms or in the processing of Customer Data through the Services transfers to the customer any ownership of Jono's models, orchestration logic, prompts, workflows, algorithms, evaluation systems, safety mechanisms, improvements or other underlying platform technology.
11.2 Customer Intellectual Property
As between the parties, the customer retains all right, title and interest in and to its trademarks, logos, branding, Customer Data, Business Profiles, Business Knowledge, Business Configuration, uploaded content and other intellectual property owned or supplied by the customer.
The customer grants Jono a worldwide, non-exclusive, royalty-free license to host, store, copy, reproduce, transmit, modify where technically necessary, process, analyze and otherwise use those materials only as reasonably necessary to provide, operate, support, secure and maintain the Services, and to comply with applicable law. Any use for analytics or improvement is limited to aggregated, anonymized or de-identified information that does not identify the customer or any individual. Except for that limited license, nothing in these Terms transfers ownership of the customer's intellectual property to Jono.
11.3 License to Use the Services
Subject to these Terms, Jono grants the customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services solely for the customer's internal business purposes during the applicable subscription term.
11.4 Protection of the Services
The customer may not, and may not permit any third party to:
- copy, reproduce or create derivative works of the Services except as expressly permitted by applicable law;
- reverse engineer, decompile, disassemble, analyze, decode or attempt to discover or recreate the source code, prompts, models, workflows, methodologies, architecture or other non-public aspects of the Services;
- access or use the Services or information obtained through the Services to develop, benchmark, improve, market, support or commercialize a product or service that substantially reproduces or competes with the functionality, business logic, workflows, user experience or other proprietary aspects of the Services;
- remove or alter proprietary notices or intellectual property markings; or
- misuse the Services in any manner that infringes Jono's intellectual property or proprietary rights.
Nothing in this Section prohibits the customer from independently developing products or services that do not use Jono's Confidential Information, infringe Jono's intellectual property or otherwise breach these Terms.
11.5 Aggregated and De-Identified Information
Jono may create and use aggregated, anonymized, de-identified, statistical and operational information for analytics, benchmarking, security, product development and improvement of the Services, provided that such information does not identify the customer or any individual. Such information forms part of Jono Intelligence.
11.6 Feedback
If the customer provides suggestions, ideas, recommendations or other feedback relating to the Services, Jono may use, modify, incorporate and commercialize that feedback without restriction, attribution or compensation, provided that doing so does not identify the customer or disclose the customer's Confidential Information except as permitted by applicable law or an applicable written agreement.
11.7 Branding
Except as expressly permitted by these Terms or agreed in writing, neither party may use the other party's trademarks, logos, trade names or branding without the other party's prior written consent.
Notwithstanding the foregoing, Jono may identify the customer by name and logo as a Jono customer in customer lists and marketing materials, unless the customer opts out through the Services or by notice to Jono, in which case Jono will cease such use within a reasonable period.
11.8 No Implied Rights; Reservation of Rights
Except for the limited rights expressly granted under these Terms, no license or other right is granted by implication, estoppel or otherwise. Each party reserves all rights, title and interest in and to its respective intellectual property and proprietary rights that are not expressly granted under these Terms.
Article 12 – AI Services
12.1 Nature of the Services
The Services include artificial intelligence and automation technologies designed to assist customers by generating communications, Communication Insights, summaries, recommendations, classifications, extracted information and other outputs.
"AI Outputs" means communications, Communication Insights, summaries, recommendations, classifications, extracted information and other outputs generated through the Services. AI Outputs may be inaccurate, incomplete, outdated or unsuitable for a particular purpose and may vary depending on the information provided to the Services.
12.2 AI Assistance and Customer Responsibility
The Services assist with communications and information processing but do not replace the customer's business, legal or professional judgment. The customer remains responsible for determining whether AI Outputs are appropriate for its intended use and, where appropriate, for reviewing such outputs before acting upon or relying on them, particularly where they may have legal, financial, regulatory or other significant consequences.
12.3 Customer Inputs
The quality and suitability of AI Outputs may depend on Customer Data, Business Knowledge, Business Configuration, customer instructions and other information supplied to the Services. To the maximum extent permitted by applicable law, Jono is not responsible for deficiencies in AI Outputs resulting from inaccurate, incomplete, misleading, outdated or insufficient information or instructions supplied by or on behalf of the customer.
12.4 Service Improvement and AI Learning
Subject to these Terms, the Privacy Policy, applicable law and any applicable written agreement between Jono and the customer, Jono may use Jono Intelligence and aggregated, anonymized or de-identified information that does not identify the customer or any individual to evaluate, improve and develop the Services and related technologies. Jono does not use Customer Data that identifies a customer or any individual to train or improve artificial intelligence models, and does not knowingly permit its third-party artificial intelligence providers to use such Customer Data to train or improve their models.
12.5 No Professional Advice
The Services and AI Outputs do not constitute legal, financial, tax, medical, accounting, engineering, regulatory or other professional advice and should not be relied upon as a substitute for obtaining appropriate professional advice where required.
12.6 Evolution and Availability of AI Features
Artificial intelligence features may evolve, change, be added, modified or discontinued as Jono develops and improves the Services. Jono may use or change different models, providers, architectures, inference methods, orchestration systems and other artificial intelligence technologies from time to time without notice where appropriate, and does not guarantee that any particular model, provider, feature or functionality will remain available.
Jono does not guarantee that AI features will behave identically over time, as models, providers, prompts, safety systems and other technologies may evolve.
12.7 No Agency
The Services and AI Outputs do not act as the customer's legal representative, employee, agent or fiduciary. The customer remains responsible for its business, decisions, communications and relationships with its customers and other third parties.
Article 13 – Privacy
13.1 Privacy Policy
Jono processes personal information in accordance with its Privacy Policy, which forms part of these Terms and is incorporated by reference, including future updates made in accordance with these Terms and applicable law. By using the Services, the customer acknowledges that personal information may be processed as described in the Privacy Policy.
13.2 Customer Responsibilities
The customer is responsible for ensuring that its use of the Services, including the submission and use of Customer Data, Business Knowledge, Business Configuration, Business Profiles, Communication Insights and personal information, complies with applicable data protection, privacy and communications laws. Where required by applicable law, the customer is responsible for providing required notices and obtaining all necessary consents, permissions and other legal authority.
13.3 Data Processing and International Transfers
To the extent Jono processes personal information on behalf of a customer, the parties acknowledge that Jono may act as a processor, service provider or similar role under applicable privacy laws, as further described in the Privacy Policy, any applicable Data Processing Agreement or other written agreement between the parties.
Personal information may be processed internationally and by subprocessors, cloud infrastructure providers and other service providers, and may be transferred across borders, in each case subject to applicable law, the Privacy Policy and any applicable Data Processing Agreement.
13.4 Security and Privacy by Design
Jono designs and operates the Services with administrative, technical and organizational measures intended to protect personal information and appropriate to the nature of the Services and applicable law, as further described in the Privacy Policy and applicable documentation. However, no method of electronic storage or transmission is completely secure, and Jono cannot guarantee absolute security. Any claim arising from this Section remains subject to Article 15.
13.5 Privacy Documents and Order of Precedence
Where applicable, the parties' Data Processing Agreement forms part of and is incorporated into these Terms. Additional privacy documentation may apply to certain customers or Services.
In the event of a conflict concerning the processing of personal information, an applicable Data Processing Agreement will prevail to the extent of the conflict. Subject to the preceding sentence, if this Article conflicts with the Privacy Policy solely regarding the processing of personal information, the Privacy Policy will govern unless these Terms expressly provide otherwise.
Article 14 – Disclaimers
14.1 Services Provided "As Is"
Except as expressly provided in these Terms or required by applicable law, the Services are provided on an "as is" and "as available" basis.
To the maximum extent permitted by applicable law, Jono disclaims all warranties, representations and conditions, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability and error-free operation.
14.2 No Guarantee of Results or AI Outputs
Jono does not warrant that:
- the Services will meet the customer's particular requirements or achieve any particular business outcome, including increased revenue, sales, customer satisfaction, regulatory compliance or business success;
- the Services will operate without interruption, delay or error;
- Communication Insights, AI-generated communications, classifications, recommendations, summaries or other AI Outputs will be accurate, complete, current or suitable for every situation or purpose; or
- the Services will always be available or free from security incidents.
No online service can guarantee absolute security. Nothing in this Article limits Jono's obligations under applicable law.
14.3 Third-Party Services
The Services may interoperate with or depend on third-party products and services, including telecommunications carriers, messaging providers, cloud providers, artificial intelligence providers, payment processors and third-party integrations. Jono is not responsible for their availability, performance, security, acts or omissions except to the extent required by applicable law.
14.4 No Professional Advice
The Services and AI Outputs do not constitute legal, medical, tax, accounting, financial, engineering, regulatory or other professional advice.
14.5 Customer Decisions
The customer remains responsible for determining whether AI Outputs are appropriate for its intended use and for all business, legal, financial and other decisions made using or in reliance on the Services, AI Outputs or other information provided through the Services.
14.6 Applicable Law
Nothing in these Terms excludes or limits any warranty, right or remedy that cannot lawfully be excluded or limited under applicable law.
Article 15 – Limitation of Liability
15.1 Excluded Damages
To the maximum extent permitted by applicable law, Jono and its affiliates, directors, officers, employees, licensors and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data, anticipated savings or business opportunity arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.
15.2 Liability Cap
To the maximum extent permitted by applicable law, Jono's aggregate liability arising out of or relating to the Services or these Terms shall not exceed the total amount paid by the customer to Jono for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.
If the customer has not paid Jono for the Services, Jono's total aggregate liability shall not exceed US$100.
15.3 AI Outputs, Third-Party Providers and Customer Compliance
To the maximum extent permitted by applicable law, Jono shall not be liable solely because Communication Insights, AI-generated communications, recommendations, summaries, classifications or other AI Outputs are inaccurate, incomplete, unavailable, delayed or relied upon without appropriate customer review.
Jono shall not be liable for losses arising from disruptions, failures, delays, acts or omissions of telecommunications carriers, messaging providers, artificial intelligence providers, cloud providers, payment processors or third-party integrations, except to the extent Jono remains legally responsible under applicable law.
Jono shall not be liable for losses arising from the customer's failure to obtain required consents, comply with applicable law, configure the Services appropriately or review AI Outputs where appropriate.
15.4 Exceptions
Nothing in these Terms limits or excludes liability for fraud, willful misconduct or any other liability that cannot lawfully be limited or excluded under applicable law.
15.5 Exclusive Remedies
Except where prohibited by applicable law, the remedies expressly provided in these Terms are the customer's exclusive remedies arising out of or relating to the Services.
15.6 Allocation of Risk
The limitations and exclusions in these Terms form an essential basis of the agreement between the parties and are reflected in the pricing and commercial arrangements for the Services.
Article 16 – Indemnification
16.1 Customer Indemnification
The customer shall defend, indemnify and hold harmless Jono and its affiliates, directors, officers, employees, licensors and service providers from and against any third-party claims, demands, actions, proceedings, investigations or governmental enforcement actions, and any resulting damages, losses, liabilities, judgments, settlements, penalties, fines, costs and expenses, including reasonable legal fees, to the extent caused by:
- the customer's or any Authorized User's unlawful, unauthorized or improper access to or use of the Services;
- Customer Data, Business Knowledge, Business Configuration, Business Profiles, customer instructions, prompts, workflows, uploaded content, customer communications, customer products or services, or other information or materials supplied, configured or made available by or on behalf of the customer;
- AI Outputs or communications generated as a result of Customer Data, Business Knowledge, Business Configuration, customer instructions, prompts, workflows or other information supplied or configured by or on behalf of the customer;
- the customer's failure to provide any legally required notice or obtain any required consent, permission, authorization or other legal authority;
- the customer's failure to comply with applicable privacy, data protection, telecommunications, messaging, anti-spam, marketing, advertising, consumer-protection or industry-specific laws or regulations;
- the customer's breach of these Terms, violation of applicable law, or infringement or misappropriation of any third-party right; or
- any representation, quotation, commitment, promise, act or omission made or undertaken by or on behalf of the customer in connection with its customers or other third parties, including through the Services, except to the extent expressly authorized by Jono in writing.
The obligations under this Article apply to regulatory investigations, administrative proceedings and governmental enforcement actions only to the extent legally permissible and only where they arise from conduct, information, instructions, configurations, communications or business activities for which the customer is responsible under these Terms.
The customer shall have no obligation under this Article to the extent a claim is finally adjudicated or agreed in settlement to have been caused by Jono's material breach of these Terms, gross negligence, fraud or willful misconduct, or to the extent that indemnification cannot lawfully be required under applicable law. An allegation that Jono breached these Terms or violated applicable law does not, by itself, suspend or reduce the customer's defense and indemnification obligations where the claim arises from Customer Data, customer instructions, configurations, communications, business activities, or the customer's failure to provide required notices or obtain required consents.
16.2 Indemnification Procedure
Jono will provide reasonably prompt written notice of any claim for which it seeks indemnification under this Article and will permit the customer to control the defense and settlement of the claim, provided that Jono supplies reasonable cooperation at the customer's expense.
The customer may not settle any claim in a manner that:
- admits fault, liability or wrongdoing by Jono;
- imposes any liability, restriction or continuing obligation on Jono;
- requires Jono to make any payment; or
- does not provide Jono with a complete and unconditional release from the claim,
without Jono's prior written consent, which shall not be unreasonably withheld, conditioned or delayed.
Jono may participate in the defense with counsel of its choosing at its own expense. If separate representation is reasonably necessary because of an actual conflict of interest between Jono and the customer, the reasonable costs of such separate representation will form part of the indemnified amounts to the extent permitted by applicable law.
A failure by Jono to provide prompt notice will relieve the customer of its indemnification obligations only to the extent that the customer is materially prejudiced by the delay.
If the customer fails to promptly assume and diligently conduct the defense of a claim, or is financially or practically unable to do so, Jono may assume and control the defense and settlement of the claim with counsel of its choosing, at the customer's reasonable expense, without limiting the customer's obligations under this Article.
Article 17 – Confidentiality
17.1 Confidential Information
"Confidential Information" means any non-public information disclosed by one party to the other that is identified as confidential or that should reasonably be understood to be confidential under the circumstances.
Confidential Information includes technical information, business information, pricing, product plans, software, documentation, workflows, methodologies, know-how, security information and non-public aspects of the Services.
Jono's Confidential Information includes its non-public AI models and configurations, system prompts, prompt engineering, orchestration logic, algorithms, evaluation systems, security controls, Jono Intelligence and unpublished features.
The customer's Confidential Information includes Customer Data, Business Knowledge, Business Configuration, Business Profiles and other non-public information concerning the customer's business.
Confidential Information does not include information that:
- is or becomes publicly available without breach of these Terms;
- was lawfully known by the receiving party before disclosure;
- is lawfully obtained from a third party without confidentiality obligations; or
- is independently developed without use of or reference to the disclosing party's Confidential Information.
17.2 Obligations
Each party shall:
- use Confidential Information only as necessary to exercise its rights or perform its obligations under these Terms;
- protect Confidential Information using reasonable care; and
- disclose Confidential Information only to employees, contractors, professional advisers or service providers who have a legitimate need to know and who are bound by confidentiality obligations.
Each party remains responsible for its permitted recipients' compliance with this Article.
17.3 Required Disclosure
A party may disclose Confidential Information where required by applicable law, regulation, court order or governmental authority.
Where legally permitted, the receiving party will provide reasonable prior notice to the disclosing party, disclose only the information legally required and reasonably cooperate with efforts to seek confidential treatment.
17.4 Duration
The confidentiality obligations under this Article survive termination of these Terms for so long as the relevant information remains confidential. Trade secrets will remain protected for as long as they qualify as trade secrets under applicable law.
Except to the extent prohibited by applicable law, claims arising under this Article remain subject to Article 15.
Article 18 – Changes to the Services
18.1 Changes
Jono may introduce, modify, improve, replace, suspend or discontinue any aspect of the Services from time to time in accordance with these Terms and applicable law.
This may include changes to features, functionality, AI models and capabilities, Communication Channels, integrations, workflows, interfaces, technical architecture and availability under particular subscription plans or in particular locations.
18.2 Material Changes
Where Jono makes a material change affecting paid Services, Jono will provide reasonable notice where required by applicable law or where Jono reasonably considers such notice appropriate.
Jono may make changes without advance notice where reasonably necessary to comply with applicable law, address security or technical issues, prevent fraud or abuse, or respond to changes affecting third-party services on which the Services depend.
18.3 Feature Availability
The availability of particular features, integrations, Communication Channels or functionality may change over time depending on product development, legal requirements, technical considerations, third-party services or commercial decisions.
18.4 No Obligation to Maintain Features
Except where expressly agreed in writing or required by applicable law, Jono is under no obligation to continue providing any particular feature, integration, Communication Channel or functionality.
Product descriptions, demonstrations, roadmaps and statements concerning planned or future functionality do not create a contractual commitment unless expressly agreed in writing.
Article 19 – Miscellaneous
19.1 Entire Agreement and Order of Precedence
These Terms, together with the Privacy Policy, any applicable Data Processing Agreement, order form and any other document expressly incorporated by reference, constitute the entire agreement between the parties relating to the Services and supersede all prior discussions, understandings and agreements concerning their subject matter.
If there is a conflict between these documents, any negotiated agreement or order form will prevail over these Terms to the extent of the conflict. An applicable Data Processing Agreement will prevail only with respect to the processing of personal information. These Terms will otherwise prevail over incorporated policies unless expressly stated otherwise.
19.2 Changes to These Terms
Jono may update these Terms from time to time. Updated Terms will be posted or otherwise made available to customers and will identify their effective date.
Where required by applicable law or where Jono reasonably considers it appropriate, Jono will provide reasonable notice of material changes.
To the extent permitted by applicable law, continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms. Jono will obtain affirmative acceptance where required by applicable law, including where a material change cannot lawfully take effect through notice and continued use alone. If a customer does not agree to the updated Terms, it must stop using the Services and cancel its subscription before the changes become effective.
19.3 Notices
Jono may provide notices by email, through the Services, through the customer's account or by another reasonable electronic method. The customer is responsible for keeping its account and contact information accurate and current.
Notices to Jono must be sent using the contact information identified in Article 21 or in an applicable written agreement.
19.4 Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable where permitted by law, and the remaining provisions will remain in full force and effect.
19.5 Waiver
A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver on one occasion does not constitute a waiver on any other occasion.
19.6 Assignment
The customer may not assign or transfer these Terms or any rights or obligations under them without Jono's prior written consent.
Jono may assign or transfer these Terms, in whole or in part, including to an affiliate or in connection with a merger, acquisition, sale of equity, sale of substantially all relevant assets, corporate restructuring or similar transaction, without the customer's consent.
19.7 Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, agency, employment or fiduciary relationship between the parties. Neither party has authority to bind the other except where expressly agreed in writing.
19.8 Force Majeure
Jono is not responsible for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, failures of telecommunications, internet or third-party technology providers, or widespread utility or technology failures.
Force majeure does not relieve the customer of its obligation to pay amounts that became due before the relevant event.
19.9 No Third-Party Beneficiaries
Except for Jono's affiliates and other persons expressly protected under Articles 14, 15 and 16, these Terms do not create enforceable rights in favor of any third party.
Article 20 – Governing Law & Dispute Resolution
20.1 Governing Law
These Terms and any dispute arising out of or relating to the Services or these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
Nothing in this Article limits any mandatory rights or protections that cannot lawfully be waived under applicable law.
20.2 Jurisdiction
Subject to any mandatory rights under applicable law, the parties agree that the state courts located in Delaware and the United States District Court for the District of Delaware shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, subject to each court's applicable jurisdiction.
Each party consents to personal jurisdiction and venue in those courts.
20.3 Class Action and Jury Waiver
To the maximum extent permitted by applicable law, each party agrees that any dispute arising out of or relating to these Terms or the Services will be brought only in that party's individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding. Claims of multiple customers may not be joined or consolidated without the written consent of all parties.
To the maximum extent permitted by applicable law, each party knowingly, voluntarily and irrevocably waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the Services.
If the class-action waiver in this Section is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in the courts identified in Section 20.2, and this Section shall remain in effect for all other claims.
20.4 Time Limit on Claims
Except where prohibited by applicable law, any claim arising out of or relating to these Terms or the Services must be filed within twelve (12) months after the date on which the claim accrued; otherwise the claim is permanently barred. This Section does not apply to Jono's claims for unpaid fees or to either party's claims for infringement or misuse of intellectual property or Confidential Information.
20.5 Collection Costs
If Jono engages in legal action or a collection process to recover fees that the customer failed to pay when due, and prevails, the customer shall reimburse Jono's reasonable costs of collection, including reasonable attorneys' fees, except where prohibited by applicable law.
20.6 Injunctive Relief
The customer acknowledges that unauthorized access to or use of the Services, or infringement or misuse of Jono's intellectual property or Confidential Information, may cause irreparable harm for which monetary damages alone may be inadequate.
Accordingly, Jono may seek injunctive or other equitable relief, in addition to any other remedies available at law.
Nothing in this Article prevents either party from seeking appropriate equitable relief to protect its Confidential Information, intellectual property, data or systems.
Article 21 – Contact Information
Questions regarding these Terms, the Services or a customer's account may be directed to Jono at support@jono.team or through the contact methods made available through the Services or on Jono's website.
Privacy-related questions or requests may be directed to privacy@jono.team or through the contact method identified in Jono's Privacy Policy.
Formal legal notices to Jono under these Terms must be sent by email to support@jono.team with the subject line "LEGAL NOTICE" and, where a mailing address is published on Jono's website or specified in an applicable written agreement, additionally by mail to that address. A notice is deemed received one (1) business day after email transmission (absent a delivery failure) or five (5) business days after mailing.
Jono, Inc., 2810 North Church Street, Suite 89354, Wilmington, DE 19802, United States
Jono may update its contact details from time to time by updating the Services, its website or the applicable policy, without amending these Terms.
