TERMS AND CONDITIONS

Welcome to JubJub!
These Terms of Use govern your access to and use of our website, application, SDK, and API (together, the Services). Please read these Terms of Use carefully, and contact us at contact@jubjubapp.com if you have any questions.
Your use of our Services indicates that you have read and accepted these Terms of Use and you warrant that you have the legal capacity to accept these Terms of Use. You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services. We do not knowingly permit use of the Services by anyone under this age.
We are committed to protecting your privacy. Our privacy policy is available at jubjubapp.com. By agreeing to these Terms of Use, you also agree to the terms in our privacy policy.

1. Licence
1.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Website and App for your personal or business use in accordance with these Terms of Use.

2. Our intellectual property rights
2.1 Our Website and App contain material which is owned by or licensed to us and is protected by international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website and App.
2.2 We own the copyright which subsists in all creative and literary works displayed on our Website and App, excluding User Content and On-Chain Content as defined below.
2.3 As between you and us, we own all the intellectual property rights in our Website and App and nothing in these Terms of Use constitutes a transfer of the ownership of any intellectual property rights to you.
2.4 Your use of our Services does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website or App without the express written permission of the owner.

3. Content and Ownership
3.1 We allow you to post content on our Website and App (User Content). You are solely responsible for the User Content that you post, and you retain all ownership rights in it, subject to the licence in 3.2.
3.2 When you add User Content to our Services, you:
(a) warrant that you have all necessary rights to post the User Content;
(b) grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, transcode, format-convert, and display the User Content solely as necessary to operate the Services — including delivering it to platforms you have connected (such as YouTube, TikTok, Instagram, Facebook, LinkedIn, Vimeo, and Farcaster), enabling streaming playback, and anchoring or displaying associated ownership records. This licence does not permit us to alter the substantive creative content of your User Content beyond technical processing (e.g. re-encoding, thumbnail generation, clipping for preview purposes that you have configured) required for the Services to function, and does not permit us to sub-license or transfer the User Content to third parties for their own independent use;
(c) this licence ends when you delete the User Content or close your account, except that we may retain a copy: (i) where required to honour ownership tokens or payment obligations already issued against that content, or (ii) as required by law; and
(d) you retain your moral rights in the User Content. We will not exercise or authorise any act that would infringe those moral rights except to the extent reasonably necessary for technical processing described in 3.2(b) (for example, format conversion for streaming compatibility), and you consent only to that limited extent.

3.3 On-Chain Ownership Tokens
(a) Certain User Content may be associated with non-fungible or semi-fungible ownership tokens (Ownership Tokens) minted on a public blockchain (currently Base) at the time of upload or publication, as part of the JubJub ownership and payment infrastructure.
(b) Ownership Tokens are recorded on a public, decentralised blockchain that we do not control and cannot alter, reverse, or delete. Once minted, transaction records and token metadata anchored on-chain are permanent and immutable, even if you later delete the associated User Content from our Website or App, or close your account.
(c) We do not custody your cryptocurrency, tokens, or wallet private keys. You are solely responsible for the security of your wallet and any credentials used to access it. We are not liable for any loss of funds or tokens resulting from your failure to secure your wallet, compromised private keys, or transactions you authorise.
(d) Ownership Tokens may confer rights to receive a share of payments streamed or routed through the Services in respect of the associated content, as described in Section 3.4. Ownership Tokens do not, by themselves, transfer copyright in the underlying content; copyright remains subject to the licence terms in 3.2 and applicable law.
(e) Smart contracts underlying the Services, including the JubJub Payment Router and associated token contracts, may contain bugs, vulnerabilities, or be subject to network congestion, forking, or other blockchain-level events outside our control. To the maximum extent permitted by law, we are not liable for any loss arising from smart contract failure, blockchain network failure, or third-party exploitation of such contracts, except where caused by our gross negligence or wilful default.

3.4 Payments and Streaming
(a) The Services may facilitate the routing of USDC or other supported stablecoin payments between users, including per-second streaming payments for content access, via smart contracts we deploy and maintain (the Payment Infrastructure).
(b) Payments processed through the Payment Infrastructure are executed on-chain and, once confirmed, cannot be reversed by us. We are not a bank, money transmitter, or custodian, and we do not guarantee the value, liquidity, or convertibility of any stablecoin or token used within the Services.
(c) You are responsible for any network (gas) fees, applicable taxes, and foreign exchange or conversion consequences arising from your use of the Payment Infrastructure.
(d) In the event of a failed, interrupted, or partial payment stream (for example, due to network congestion or a dropped connection), we will make reasonable efforts to reconcile amounts owed, but we do not guarantee automatic recovery of funds and are not liable for losses arising from such interruptions except where caused by our gross negligence or wilful default.
(e) We do not charge creators for underlying AI processing costs associated with content analysis features; where such features are used, they are provided via credentials and API costs supplied and borne by the relevant creator (bring your own key).

4. Prohibited conduct
4.1 You must not:
(a) use our Services for any activities, or post or transmit any material from our Services:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that infringes the intellectual property or other rights of any person;
(iii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iv) that defames, harasses, threatens, menaces or offends any person;
(v) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, or liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(vi) that promotes or incites violence, including depictions of killings or other violent or indecent acts; or
(vii) that would bring us, or our Services, into disrepute;
(b) use our Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation photographs, personal contact information or credit card details);
(c) use our Services to send unsolicited messages to other users;
(d) perform any acts which would damage, interfere with or inhibit the use of our Services;
(e) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognised search engine and agents, other generally available third party web browsers, or AI agents interacting via our published SDK/API/MCP interface in accordance with Section 7;
(f) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising or making up a part of our Website or App, other than the publicly published SDK, which may be used in accordance with its own licence terms;
(g) engage in any screen scraping or data acquisition and consolidation outside of the published API/SDK;
(h) alter or modify, or attempt to alter or modify, any of the code or material on our Website or App, other than through the published SDK/API in accordance with its documentation;
(i) cause any of the material on our Website or App to be framed or embedded in another website, except as expressly permitted via embeddable players or widgets we make available;
(j) create derivative works from the contents of our Website or App, other than derivative works of your own User Content that you are authorised to make; or
(k) advocate, encourage or assist any third party in doing any of the foregoing.
4.2 We reserve the right to remove or restrict access to any User Content and to suspend or block your account if we reasonably believe there is a violation of these Terms of Use. Where practicable, we will provide notice of the reason for removal.

5. Copyright Complaints and Takedown
5.1 If you believe that User Content on our Services infringes your copyright, please send a notice to contact@jubjubapp.com including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material you claim is infringing and its location on the Services; (c) your contact details; (d) a statement that you have a good faith belief the use is not authorised; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rights holder.
5.2 On receipt of a valid notice, we will review and, where appropriate, remove or disable access to the material and notify the user who posted it. Repeat infringers may have their accounts suspended or terminated.
5.3 A user who believes their content was removed in error may submit a counter-notice to contact@jubjubapp.com; we will review counter-notices in good faith and respond within a reasonable time.

6. Information
6.1 Any information made available on our Services, including any recommendations, statements and opinions contained on our Services whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.
6.2 Before acting on any Information, we recommend that you:
(a) consider whether it is appropriate for your personal circumstances;
(b) carry out your own research; and
(c) seek professional advice where necessary, including on tax or legal consequences of using the Payment Infrastructure or holding Ownership Tokens.

7. SDK, API, and Third-Party Developer Use
7.1 We make a software development kit and application programming interface available (the SDK/API) to allow third-party developers and platforms to integrate with the Services, including publishing content, retrieving analytics, and interacting with the Payment Infrastructure.
7.2 Use of the SDK/API is subject to any separate developer agreement, rate limits, or API key terms we publish from time to time. In the absence of a separate agreement, we grant registered developers a non-exclusive, revocable, non-transferable licence to use the SDK/API solely to build integrations with the Services, provided that:
(a) you do not use the SDK/API to build a competing ownership or payment infrastructure product;
(b) you do not exceed published rate limits or attempt to circumvent authentication or metering mechanisms;
(c) you comply with Section 4 (Prohibited conduct) in respect of any content or data accessed via the SDK/API; and
(d) you are responsible for your own compliance with the terms of any third-party platform (YouTube, TikTok, Meta, LinkedIn, Vimeo, MUX, etc.) that your integration connects to.
7.3 We may suspend or revoke SDK/API access, with or without notice, for a breach of these Terms or where we reasonably believe continued access poses a security or legal risk.
7.4 We do not guarantee the availability, accuracy, or continued functionality of the SDK/API, and we may modify, version, or deprecate it from time to time with reasonable notice to registered developers where practicable.
7.5 Interactions with the Services via AI agents or the Model Context Protocol (MCP) are subject to these Terms and to the AI/agent logging practices described in our Privacy Policy.

8. Third party links
8.1 Our Services may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, products or services.
8.2 If you access any third party website, service or content via our Services, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service or content.

9. Accessibility
9.1 Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Services, we cannot warrant that our Services will be available at all times or at any given time.
9.2 We are not responsible for any delays or interruptions which affect your ability to use our Services, including delays caused by third-party platforms, blockchain network congestion, or connected API providers.
9.3 We may, at any time and with reasonable notice where practicable, discontinue our Services, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance, except in respect of Ownership Tokens or payments already vested as described in Section 3.3.

10. Disclaimer
10.1 To the maximum extent permitted by law, our Services are provided to you without warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that:
(a) the functions contained in any material in our Services or your access to our Services will be error free;
(b) any defects on our Services will be corrected;
(c) our Website, App, smart contracts, or server which stores and transmits material to you, are free of viruses, bugs, or any other harmful components; or
(d) our Services will operate on a continuous basis or be available at any time.
10.2 You acknowledge and agree that we are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive or otherwise unsuited to your purpose.
10.3 To the maximum extent permitted by law:
(a) we make no representations or warranties (express or implied) in relation to the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, Ownership Tokens, or graphics published on our Services; and
(b) we exclude:
(i) all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use; and
(ii) all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or loss of tokens/cryptocurrency, suffered by you or any third party, or claims made against you or any third party which result from your use of our Services.

11. Indemnity
11.1 You indemnify us for all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:
(a) your use or access to our Services;
(b) a breach of these Terms of Use by you; or
(c) any wilful, unlawful or negligent act or omission by you.
11.2 The indemnity under clause 11.1 will survive the termination of these Terms of Use.

12. Breach
12.1 If you breach these Terms of Use, notwithstanding any other rights we may have, we may, without notice to you, deactivate your account and block you from our Services. This does not affect Ownership Tokens already minted or payments already vested prior to deactivation, subject to Section 3.3.

13. Assignment
13.1 These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party. However, these Terms of Use may be assigned by us, at any time, with reasonable notice to you where practicable.

14. Waiver
14.1 If we fail to exercise or delay in exercising the right, power or remedy, we do not waive the right, power or remedy.
14.2 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

15. Enforceability
15.1 If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remainder of the remaining provisions.

16. Governing law
16.1 These Terms of Use are governed by and construed in accordance with the law for the time being in force in Victoria, Australia, and you, by agreeing to these Terms of Use, are deemed to have submitted to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from those courts.
16.2 Our Services may be accessible from outside of Australia. We make no representation that our Services comply with the laws (including intellectual property and financial services laws) of any country outside Australia. If you access our Services from outside Australia, including to use the Payment Infrastructure, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Services, including any laws relating to cryptocurrency, digital assets, or virtual asset service providers.

17. Additional Provisions
17.1 Lost or Corrupted Files
We are not responsible for any loss, corruption, or failure to store files or data that you upload, download or otherwise transmit through our Services. It is your responsibility to back up your data. We shall not be liable for any loss or damage arising from lost files, except in respect of On-Chain Content, which is immutably recorded as described in Section 3.3.

17.2 Misuse of Copyrighted Files
Users must ensure that they have all necessary rights to any copyrighted materials they upload or use within our Services. Unauthorized or improper use of copyrighted files is strictly prohibited. We reserve the right to remove any content that violates copyright laws in accordance with Section 5, and we shall not be held responsible for any infringement resulting from the actions of our users.