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Legal

Terms of use

The agreement between you and Joust when you use the app.

Draft. These terms are a working draft for review. They are not in force yet and will change before Joust launches. Highlighted text is still to be filled in.

1. Introduction

Welcome to Joust. These Terms of Use (the “Terms”) are a legal agreement between you and Joust Plus Limited, a company registered in England and Wales under company number [number], whose registered office is at [address] (“Joust”, “we”, “us” or “our”). They govern your use of the Joust mobile application (the “App”), the Joust website (the “Website”), and any related features, content or services we offer (together, the “Services”).

By creating an account or using the Services, you agree to:

  • these Terms;
  • our Privacy Policy, Community Guidelines and Safety Tips, each of which forms part of these Terms; and
  • any additional terms shown to you when you buy a product or feature from us (“Additional Terms Upon Purchase”).

If you do not agree, do not use the Services.

Changes to the Terms. We may update these Terms from time to time, for example to reflect new features, changes in the law or changes to how we run the Services. We will tell you about material changes in advance through the App or by email. If you keep using the Services after a change takes effect, you accept the updated Terms. Changes to Section 14 (Limitation of Liability) and Section 15 (Dispute Resolution) will only apply to you once you have expressly accepted them.

Changes to the Services. We may add, change or remove features at any time. Some new features may be required in order to keep using the Services; if you do not accept them, you may need to close your account.

If you live in the United States, please read Section 15 carefully. It requires most disputes to be resolved through individual binding arbitration and waives your right to bring or join a class action or have a jury trial. If you live in the UK, Section 15 does not take away your right to go to court.

Your statutory rights. If you are a consumer, nothing in these Terms affects the rights you have under the laws of the country where you live that cannot be waived or limited by contract. In the UK, this includes your rights under the Consumer Rights Act 2015.

2. Eligibility, your responsibilities, prohibited conduct and prohibited content

2a. Eligibility

To create an account and use the Services, you confirm that:

  • you are an individual (not a business or other entity);
  • you are at least 18 years old;
  • you are legally able to enter into a binding contract with us;
  • you are not located in a country subject to a comprehensive government embargo, and you are not on any government list of prohibited or restricted parties;
  • you are not otherwise barred by law from using the Services;
  • you have never been convicted of, or pleaded guilty or no contest to, a felony or indictable offence (or equivalent) involving violence, threats of violence, or sexual misconduct, and you are not required to register as a sex offender anywhere;
  • you have only one Joust account at a time; and
  • we have not previously removed you from the Services or any of our other products, unless we have given you express written permission to create a new account.

If at any time you stop meeting these requirements, your right to use the Services ends automatically and we may delete your account without notice.

Age signals from the App Store. We receive age information from the Apple App Store (for example, an age range or an indication that the account holder is under 18). If the App Store indicates that you are under 18, we will block your account immediately, even if you gave us an adult date of birth, and you will not be able to use the Services. If you think this is a mistake, you can ask us to review it by [process], and we may ask you to verify your age before we restore access. We may also block or close any account we reasonably believe belongs to someone under 18, and we may use age assurance tools to check users’ ages.

2b. Your responsibilities

You agree to:

  • comply with these Terms and all applicable local, national and international laws;
  • keep the App updated to the latest available version;
  • read and follow our Community Guidelines and Safety Tips;
  • keep your login details secure and not share them with anyone; and
  • use a real, recent photo of yourself on your profile in which your face is visible.

2c. Prohibited conduct

You must not:

  1. impersonate any person or entity, or misrepresent your identity, age, location, relationship status, job, or any affiliation with a person or organisation;
  2. use the Services in a way that damages, disables, overloads or impairs them, or that interferes with anyone else’s use of them;
  3. use the Services for any harmful, illegal or fraudulent purpose, or to promote or enable illegal activity;
  4. harass, stalk, threaten, assault or defame any person;
  5. send sexually explicit images or videos to anyone, including unsolicited images of genitals (“cyberflashing”);
  6. share, or threaten to share, intimate images or videos of anyone without their consent, including images that are AI-generated or digitally altered (“deepfakes”), or use intimate images to pressure, blackmail or extort anyone;
  7. post or share another person’s private or personal information without their consent;
  8. ask other users for passwords, account details, or personal financial information;
  9. ask other users for money or anything of value, or advertise or sell goods or services;
  10. use another person’s account, share your account, or create more than one account;
  11. create a new account after we have suspended or banned you, without our written permission;
  12. use the Services for any pyramid scheme, multi-level marketing, investment scheme, or similar;
  13. use the Services to raise money for, or influence, any political campaign or election, beyond sharing your personal views;
  14. copy, modify, distribute, sell or exploit any part of the Services or any content on them, except as these Terms allow;
  15. use any robot, crawler, scraper, data-mining tool, or other automated means to access, collect data from, or interact with the Services;
  16. use or develop any artificial intelligence, machine learning or third-party tool that interacts with the Services or its users, or that is trained on data from the Services, without our written consent;
  17. access or use any Joust application programming interface (API) without our written consent;
  18. frame or mirror any part of the Services, or reverse engineer, decompile or disassemble any software in the Services;
  19. probe, scan or test the vulnerability of the Services, or bypass any security or authentication measure;
  20. upload viruses or other malicious code;
  21. manipulate, rig or attempt to unfairly influence the outcome of any Tournament (see Section 3d), including by colluding with other users or using multiple accounts;
  22. submit false, misleading or manifestly unfounded reports, or misuse our reporting or appeals tools; or
  23. help or encourage anyone else to do any of the above.

2d. Prohibited content

You must not post, upload, record, send or share any content (including in videos, audio, messages, prompts, profile text and Tournament titles or descriptions) that:

  1. is sexually explicit or pornographic, or contains nudity;
  2. threatens anyone;
  3. encourages suicide or serious self-harm;
  4. encourages any illegal activity, including terrorism, inciting racial hatred, or any criminal offence;
  5. is defamatory;
  6. relates to commercial activity, including sales, competitions, promotions, advertising, solicitation of sex work or transactional relationships, links to other websites, or premium-rate numbers;
  7. involves spam or unsolicited mass messages;
  8. contains spyware, malware or other harmful code;
  9. infringes anyone’s copyright, trademark, privacy, publicity or other rights;
  10. shows another person without their consent;
  11. depicts or involves anyone under 18 in any way, including images of children;
  12. contains your or anyone else’s contact details, banking or payment information; or
  13. is otherwise inconsistent with the intended use of the Services, or could harm the reputation of Joust or its affiliates.

Breaching Section 2c or 2d may lead to immediate suspension or termination of your account, without refund of any purchases.

3. Content and how Joust works

3a. Your content

“Your Content” means anything you post, upload, record, send or otherwise make available through the Services, including your profile, photos, video submissions, audio narration, reactions, messages, Tournament titles, descriptions and challenge prompts.

You are solely responsible for Your Content. You confirm that you own it or have all the rights needed to share it, and that it is accurate and complies with these Terms. You agree to indemnify us against any claim arising from Your Content.

Your Content may be seen by other users of the Services, including users in other countries. Do not include contact details, banking or payment information in Your Content.

We may review, moderate, edit, restrict or remove any of Your Content at any time, for any reason, including if we believe it breaches these Terms. This may include automated review on your device or on our servers before or after it is uploaded (see Section 4).

3b. Member content

“Member Content” means content posted by other users. It belongs to the user who posted it. You may only use Member Content for the purpose of taking part in the Services as intended. You must not copy, record, screenshot, download, share, publish or otherwise use Member Content outside the Services, or use it commercially, to spam, harass or threaten anyone, or for any unlawful purpose, except by using the in-App share feature as set out in Section 3e.

We are not responsible for Member Content and do not verify its accuracy. You should make your own judgement about it.

3c. Our content

All other content on the Services, including text, graphics, logos, artwork, characters, challenge prompts we supply, software and the “Joust” name and brand (“Our Content”), belongs to us or our licensors and is protected by intellectual property laws. You may only use Our Content as part of using the Services in line with these Terms.

3d. Tournaments, roles and outcomes

The Services are organised around tournaments (“Tournaments”). A user may create a Tournament and act as its “Host”; other users may join as “Co-Hosts” or as “Players”. Hosts and Co-Hosts set challenge prompts and judge Players’ video submissions across knockout rounds. A Tournament may end with a chat between a Player and one or more Hosts.

By taking part in a Tournament, you understand and accept that:

  • judging is subjective and is done by other users, not by Joust. We do not review, approve or guarantee any judging decision, and you have no right to appeal a decision on the grounds that you disagree with it;
  • you may be knocked out at any stage, and you will not always be told why;
  • if a Host or Co-Host does not judge within the time allowed, the App may make a selection on their behalf at random;
  • if you do not submit within the time allowed, you may be removed from the Tournament;
  • your submissions will be shown to the Hosts and Co-Hosts of that Tournament, who may discuss and react to them, including in a group chat you cannot see; and
  • taking part does not guarantee a match, a conversation, a date or any other outcome.

3e. Sharing submissions outside Joust

A “Submission” is a video (and any caption or audio with it) that you upload in response to a Tournament challenge.

By uploading a Submission, you agree that it may be shared outside the Services. The App includes a share feature that lets other users, and us, post your Submissions to third-party platforms such as social media and messaging apps (for example Instagram, TikTok, X, WhatsApp and iMessage). A shared Submission may show [your Joust username and the Tournament title] alongside it.

Explicit content must not be shared. Sexually explicit content, nudity and any other content that breaks Section 2d is not allowed on the Services and must never be shared from them. The share feature will not be available for content that we, or our automated tools, have flagged or removed. Sharing such content anywhere, by any means, is a serious breach of these Terms and may also be a criminal offence.

Ownership. We do not claim ownership of your Submissions, and you keep ownership. However, by uploading a Submission you give up the right to control or object to it being shared through the share feature. In particular:

  • you grant us, and every other user of the Services, a worldwide, royalty-free, non-exclusive licence to share your Submission to third-party platforms using the share feature, and to display it there;
  • this licence cannot be withdrawn for any Submission that has already been shared;
  • you will not be paid or credited for any share; and
  • to the extent permitted by law, you waive (and agree not to assert) any moral rights you have in your Submission, including the right to be identified as its author and the right to object to derogatory treatment of it.

What happens once a Submission is shared. Once shared, a copy of your Submission is on a platform we do not own or control, and is subject to that platform’s own terms. We cannot remove or recall copies that are already outside the Services. If you delete a Submission or your account, it will stop being available to share through the App, but copies already shared will not be removed.

If you share someone else’s Submission, you must only use the share feature in the App. You must not download, screen-record or re-upload it by any other means, and you must not share it with any caption, comment or edit intended to harass or identify the person in it (for example by adding their full name, location or contact details). You are responsible for what you share and how you share it.

We are not responsible for shared content. To the fullest extent permitted by law, we are not responsible or liable for any Submission once it has been shared outside the Services, for what other users or third parties say about it or do with it, or for the actions of any third-party platform. If you think a shared copy of your Submission breaks the law or these Terms, report it to us (Section 4) and to the platform where it appears. If it is an intimate image shared without your consent, use Section 4a.

4. Reporting, moderation and enforcement

We do not tolerate content or behaviour that breaches these Terms, whether it happens on or off the Services. If you see anything that you think breaches these Terms, please report it using the in-App report tools or by contacting us at [support email].

We use a combination of automated tools (including on-device screening of video before upload) and human review to detect and act on breaches. Depending on the seriousness of the breach, we may:

  • remove or restrict content;
  • issue a warning;
  • remove you from a Tournament or restrict access to features;
  • suspend your account temporarily; or
  • ban you permanently.

Content involving child sexual abuse or exploitation, or terrorist content, will result in an immediate permanent ban and may be reported to law enforcement.

If we take action against you or your content, we will tell you, unless the law or a safety concern prevents us. You can appeal by [process]. You can also complain to us if you think we have not acted on a report, have wrongly removed your content, or have not met our duties under the UK Online Safety Act 2023, by contacting [complaints email]. We will respond within [timeframe]. We may also take action against users who knowingly submit false or unfounded reports.

If an intimate image or video of you (including one that is AI-generated or digitally altered) has been shared on the Services without your consent, you, or someone authorised to act for you, can ask us to remove it, even if you do not have a Joust account. Use [in-App “Report → Intimate image of me” / web form URL] or email [ncii email]. Your request must include:

  1. your physical or electronic signature (or that of the person acting for you);
  2. enough information for us to find the content, such as the username, Tournament or a description of where it appears;
  3. a brief statement that you believe in good faith that the content was shared without your consent, with any information that supports this; and
  4. your contact details.

We will remove the content, and make reasonable efforts to find and remove any known identical copies on the Services, as soon as possible and within 48 hours of receiving a valid request. We may also ban the account that shared it and preserve information for law enforcement. We will not tell the person who shared it who made the request.

If you are in the UK, you can also get help from the Revenge Porn Helpline (revengepornhelpline.org.uk) or StopNCII.org. In the US, you can contact the Cyber Civil Rights Initiative (cybercivilrights.org).

4b. Online safety

[Summary of how we protect users from illegal content and keep under-18s off the Services, to follow.]

5. Privacy

Our Privacy Policy explains how we collect, use and share your personal information, including your videos, audio and location. By using the Services, you acknowledge that we may use your information as described there.

5a. Face matching and biometric data

We do not collect biometric data. We do not use facial recognition or face matching, and we do not create or store face geometry, faceprints, voiceprints or any other biometric identifier or biometric information from your photos, videos, audio or any other content. The licence you give us in Section 7 does not allow us to do so.

If we introduce face-matching verification in the future (for example, to check that the person in a selfie matches the photos on a profile):

  • it will be optional, and the Services will not depend on it;
  • before we collect any biometric data from you, we will tell you in writing what we will collect, why, and for how long we will keep it, and we will ask for your separate written consent. Accepting these Terms is not that consent;
  • we will publish a written policy setting out how long we keep biometric data and when we destroy it, and we will destroy it when the purpose for collecting it has been met, or within [the period required by law], whichever is sooner;
  • we will never sell, lease or trade your biometric data, or profit from it; and
  • you can withdraw your consent at any time, and we will then delete your biometric data.

6. Rights Joust grants you

As long as you comply with these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Services for their intended purpose. This licence ends automatically if you breach these Terms.

7. Rights you grant Joust

You keep ownership of Your Content. However, by posting it, you grant us a worldwide, transferable, sublicensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat and distribute Your Content, in any format and on any platform now known or developed later. We use this licence to operate, develop, promote and improve the Services and to develop new services, and to make Submissions available for sharing under Section 3e. This licence does not allow us to create biometric identifiers from Your Content (see Section 5a).

You authorise us to act on your behalf if someone copies or uses Your Content outside the Services without permission, including by sending takedown notices, but we have no obligation to do so.

You agree that we may show advertising and promotions on the Services, including alongside Your Content.

If you send us ideas or feedback about the Services, we may use them for any purpose without paying or crediting you.

We may access, keep and disclose your account information and Your Content if required by law, or if we believe in good faith that doing so is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that content infringes someone’s rights; (iv) respond to your support requests; or (v) protect the rights, property or personal safety of Joust, our users or the public.

8. Purchases and automatically renewing subscriptions

From time to time we may offer paid subscriptions, Virtual Items (defined below) or other products. You agree to pay all charges, plus any taxes, at the prices shown when you buy.

Automatic renewal. If you buy a subscription, it will renew automatically for the same period at the then-current price until you cancel. You must cancel at least 24 hours before the end of the current period to avoid being charged for the next one. Cancelling stops future charges; you keep access until the end of the current period. Deleting your account or the App does not cancel your subscription.

Before you subscribe, we will show you the price, the billing period, when you will be charged, and how to cancel. We will remind you before a free trial or introductory price ends and before an annual subscription renews. If we change the price of your subscription, we will tell you in advance and the new price will apply only from your next renewal; if you do not want to pay it, you can cancel before then. You can cancel online, as easily as you subscribed.

8a. Purchases through Apple

If you buy through the Apple App Store, the purchase is processed by Apple and subject to Apple’s terms. You must manage and cancel the subscription through your Apple account settings, and refunds are handled by Apple. If you dispute a charge with Apple or your bank (a chargeback), we may suspend or terminate your account.

8b. Virtual Items

We may offer in-App items such as Tokens (“Virtual Items”). When you obtain a Virtual Item, you receive a limited, personal, non-transferable, non-sublicensable, revocable licence to use it within the Services. Virtual Items have no monetary value, cannot be exchanged for cash, and cannot be sold, transferred or gifted except as the Services allow. We may change, limit or discontinue Virtual Items at any time. All Virtual Item purchases and uses are final and non-refundable, including if your account is closed or banned.

8c. Refunds

Except where the law requires otherwise, all purchases are final and non-refundable. This does not affect your statutory rights, including:

  • UK users. You have the right to cancel a subscription within 14 days of buying it and receive a full refund, without giving a reason. Virtual Items are digital content supplied immediately; when you buy one, you agree that it is supplied straight away and that you therefore lose the 14-day right to cancel that purchase. Your rights under the Consumer Rights Act 2015 for faulty digital content are not affected.
  • US users in certain states. If you live in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island or Wisconsin, you may cancel a subscription, without penalty, at any time before midnight of the third business day after the date you subscribed. If you die before the end of your subscription period, your estate is entitled to a refund of the part of any payment covering the period after your death. If you become disabled before the end of your subscription period (so that you cannot use the Services), you are entitled to a refund of the part of any payment covering the period after your disability, by giving us notice in the same way as a cancellation.

To cancel and request a refund, contact us at [support email] or write to [address], including your name, the email or phone number on your account, and the order number. For purchases made through Apple, refunds are handled by Apple.

9. Account termination

You can delete your account at any time in Settings → Delete Account. If you bought a subscription through Apple, you must also cancel it with Apple, or you will continue to be billed.

We may suspend or terminate your account at any time, without notice and without refund, if we believe you have breached these Terms or for any other reason permitted by law. If your account is terminated while you are taking part in a Tournament, you will be removed from it.

Any provisions of these Terms that by their nature should continue after termination (including Sections 3, 7 (to the extent permitted), 10–18) will continue to apply. What happens to your data after your account is closed is explained in our Privacy Policy.

10. No criminal background checks; safety advice

JOUST DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS, AND DOES NOT VERIFY THE IDENTITY OF ITS MEMBERS.

We make no promise or guarantee about the identity, intentions, conduct, health or compatibility of any user. We reserve the right to carry out checks against public records (such as sex offender registers) at any time and you consent to us doing so.

You are solely responsible for your interactions with other users, both on and off the Services. Take care when interacting with people you do not know, particularly if you decide to communicate off the Services or meet in person. Please read our Safety Tips before doing so.

10a. Safety advice

Please read this advice before you take part in a Tournament, chat with anyone, or meet anyone. Our full Safety Tips are available in the App at [Settings → Safety].

Online

  • Anyone can create a fake profile. Someone who is willing to commit identity theft can also fake a dating profile.
  • Nothing replaces caution when you are talking to a stranger who wants to meet you.
  • Do not include your surname, email address, home address, phone number, workplace or any other identifying information in your profile, Submissions or early messages.
  • Stop talking to anyone who pressures you for personal or financial information, or tries to trick you into revealing it.
  • Never send money, gift cards, cryptocurrency or financial details to anyone you meet through Joust, however convincing their story.
  • Never send intimate images to anyone. Once sent, you cannot control where they go. If someone threatens to share an image of you, do not pay; stop contact, keep evidence and report it to us and the police.
  • Keep conversations in the App for as long as you can. Our reporting and safety tools do not work off the App.

Recording Submissions

  • Remember that Submissions can be shared on social media (Section 3e). Only record what you are comfortable with the public seeing.
  • Do not record while driving, crossing roads, or anywhere else where it is unsafe to be distracted.
  • Do not show your home address, street signs, car number plates, your workplace, or anything else that reveals where you live or work.
  • Do not include other people in your Submissions without their permission, and never include anyone under 18.

Meeting in person

  • If you decide to meet another member, always tell a friend or family member where you are going and when you will be back.
  • Never agree to be picked up from your home. Arrange your own transport to and from the date.
  • Meet in a busy public place, and stay there for the first few dates.
  • Keep your phone charged and with you, and stay in control of your drinks and belongings.
  • If you feel uncomfortable at any time, leave. You do not owe anyone an explanation.

If something goes wrong

  • If you are in immediate danger, call 999 (UK) or 911 (US).
  • Report the member to us in the App (Section 4).
  • UK: Refuge National Domestic Abuse Helpline 0808 2000 247; Rape Crisis 0808 500 2222; Revenge Porn Helpline 0345 6000 459.
  • US: National Domestic Violence Hotline 1-800-799-7233; RAINN National Sexual Assault Hotline 1-800-656-4673; 988 Suicide & Crisis Lifeline (call or text 988).

11. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) ANY CONTENT OR INFORMATION ON THE SERVICES IS ACCURATE OR APPROPRIATE; (D) ANY TOURNAMENT WILL RUN AS SCHEDULED OR TO COMPLETION; OR (E) YOU WILL FIND A MATCH OR COMPATIBLE PERSON THROUGH THE SERVICES.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, ON OR OFF THE SERVICES, OR FOR ANY DAMAGE TO YOUR DEVICE OR DATA RESULTING FROM YOUR USE OF THE SERVICES. ANY CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS AT YOUR OWN RISK.

If you live in the UK: this Section does not affect your statutory rights. Under the Consumer Rights Act 2015, digital content and services we supply to you must be as described, of satisfactory quality, fit for purpose, and provided with reasonable care and skill. Nothing in this Section excludes or limits those rights.

If you believe content on the Services infringes your copyright, send a written notice to our copyright agent at [email / postal address] that includes:

  1. your physical or electronic signature (or that of a person authorised to act for you);
  2. a description of the copyrighted work you say has been infringed;
  3. a description of where the infringing material is on the Services, in enough detail for us to find it;
  4. your address, telephone number and email address;
  5. a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and
  6. a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act for the owner.

We will terminate the accounts of repeat infringers.

For users in the US, this section is our notice-and-takedown policy under the Digital Millennium Copyright Act (DMCA). Our designated agent is [name, address, email], as registered with the US Copyright Office.

13. Advertising and third-party services

The Services may contain advertising, promotions and links to third-party websites or services. We do not control and are not responsible for them, and including them does not mean we endorse them. Your dealings with any third party are solely between you and that third party.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JOUST, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, ARISING FROM OR RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF ANY OTHER USER OR THIRD PARTY, ON OR OFF THE SERVICES, INCLUDING ANY JUDGING DECISION IN A TOURNAMENT AND ANY SUBMISSION SHARED OUTSIDE THE SERVICES; OR (III) UNAUTHORISED ACCESS TO, USE OF OR ALTERATION OF YOUR CONTENT — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF £100 (OR US$100 IF YOU LIVE IN THE US) AND THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 24 MONTHS BEFORE THE DATE YOU FIRST FILE A CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR, IF YOU LIVE IN THE UK, FOR BREACH OF YOUR STATUTORY RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015.

15. Dispute resolution

Which part of this Section applies depends on where you live when the dispute arises.

15a. Informal resolution (all users)

If you have a problem with the Services, please contact us first at [support email]. Most issues can be resolved quickly this way.

If that does not work, either of us may send the other a written notice of the dispute. Notices to us go to Joust Plus Limited, [registered office address], marked “Legal — Dispute Notice”, with a copy to [legal email]. The notice must include your name, the email or phone number on your account, a description of the dispute and the relief you are seeking, and must be signed by you personally (not only by a lawyer). We will send notices to you at the contact details on your account.

You and we agree to try to resolve the dispute in good faith for 60 days after the notice is received. Any limitation period is paused during those 60 days.

15b. If you live in the UK

If you live in the UK, Sections 15c to 15e do not apply to you. If a dispute is not resolved under Section 15a, either of us may bring proceedings in court as set out in Sections 16 and 17. You may also use any alternative dispute resolution scheme that is available to you.

15c. If you live in the US: agreement to arbitrate

If you live in the United States, you and Joust agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (a “Claim”) will be resolved by final and binding arbitration on an individual basis, and not in court, except that:

  1. either of us may bring an individual Claim in small claims court, if it qualifies;
  2. either of us may seek an injunction in court to stop infringement or misuse of intellectual property; and
  3. you may choose to bring a Claim relating to sexual harassment or sexual assault in court, as allowed by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

The arbitration will be administered by [National Arbitration and Mediation (NAM)] under its rules for consumer disputes in effect when the Claim is filed, as modified by these Terms. The Federal Arbitration Act governs this Section 15c to 15e. The arbitrator decides all questions about the scope, validity and enforceability of this agreement to arbitrate, except that a court decides questions about Section 15d (class waiver) and Section 15e (mass filings).

Fees. If you start arbitration, you will pay no more than the court filing fee you would have paid to bring the Claim in court; we will pay the rest of the administrator’s filing and arbitrator fees, unless the arbitrator finds your Claim was frivolous or brought for an improper purpose. We pay all fees for arbitrations we start.

Procedure. Arbitration will take place remotely (by video or phone) or on written submissions, unless the arbitrator decides an in-person hearing is needed, in which case it will be held in the county where you live. Each party may make up to [5] document requests and [5] written questions, and there will be no depositions unless both parties agree or the arbitrator orders them for good cause. The arbitrator will issue a written decision explaining the reasons. The arbitrator may award the same relief a court could award to an individual, but only for you individually.

15d. If you live in the US: class-action and jury waiver

YOU AND JOUST EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR TAKE PART IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. Claims may only be brought individually. If this waiver is found unenforceable for a particular Claim or remedy, that Claim or remedy will be decided by a court (under Sections 16 and 17) after any individual arbitration has finished, and the rest of Section 15 will continue to apply.

15e. If you live in the US: mass filings

If [25] or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, they will be handled in batches: [10] cases (half chosen by each side) will go first as test cases, followed by a mediation of the remaining cases before any further batches proceed. Limitation periods for cases waiting to be filed are paused while this happens.

15f. If you live in the US: 30-day opt-out

You may opt out of Sections 15c to 15e by emailing [opt-out email] within 30 days of first accepting these Terms, with your name, the email or phone number on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

15g. Changes to this section

If we make a material change to this Section 15, it will not apply to any Claim of which we already had notice before the change, and you will have to accept the change expressly (see Section 1).

16. Governing law

If you live in the UK: these Terms, and any dispute arising out of or in connection with them (including non-contractual disputes), are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you also have the protection of the mandatory consumer laws of your country.

If you live in the US: these Terms are governed by the Federal Arbitration Act and federal arbitration law, and otherwise by the laws of the State of [Delaware], without regard to its conflict-of-laws rules. This does not deprive you of the protection of any mandatory consumer laws of the state where you live.

If you live anywhere else: these Terms are governed by the law of England and Wales, but you keep the protection of any mandatory consumer laws of the country where you live.

17. Venue

If you live in the UK: you and we may bring proceedings in the courts of England and Wales. If you live in Scotland, you may also bring proceedings in Scotland; if you live in Northern Ireland, you may also bring proceedings in Northern Ireland.

If you live in the US: any Claim that is not arbitrated or brought in small claims court under Section 15 must be brought in the state or federal courts located in [New Castle County, Delaware], and you and we consent to the personal jurisdiction of those courts.

If you live anywhere else: the courts of England and Wales have jurisdiction, but you may also bring proceedings in the courts of the country where you live.

18. Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold harmless Joust, its affiliates, and their officers, directors, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your access to or use of the Services; (ii) Your Content; (iii) your conduct towards other users; or (iv) your breach of these Terms.

If you live in the UK: instead of the above, you are responsible for losses we suffer as a result of your breach of these Terms, but only to the extent that the loss was reasonably foreseeable when you accepted these Terms and was caused by your breach.

19. Acceptance of terms

By creating an account or using the Services, you confirm that you accept these Terms and the policies referred to in them. If you do not accept these Terms, you must not use the Services.

20. Entire agreement and general

These Terms, together with the policies referred to in them and any Additional Terms Upon Purchase, are the entire agreement between you and us about the Services, and replace any earlier agreements. If any provision is found invalid, the rest remain in force. If we do not enforce a right, that is not a waiver of it. Your account cannot be transferred and ends on your death. We may assign or transfer these Terms without restriction. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.

21. Contact

Joust Plus Limited (registered in England and Wales, company no. [number]) [Registered address] [Support email]