Terms and Conditions of Use

Last updated: December 5, 2022

Introduction – What are These Terms?

The following terms and conditions, together with any documents and/or additional terms they expressly incorporated by reference (collectively, these “Terms”), govern your access to and use, including any content, functionality, and services offered on or through www.joyflo.co (collectively called the “Website”). These Terms constitute a legal agreement and are entered into by and between you and Rebecca Marion Design, LLC c.o.b. Joyflo (“Joyflo,” “we,” “us,” “our”). 

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Joyflo and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

What Joyflo Does For You

Joyflo helps you create, enhance and scale up your business’ brand. We provide the highest quality Webflow development, UI design, and brand design for purpose-driven brands at accessible price points.

As of the most recent update to these Terms, our services include:

  • Webflow development
  • UI Design
  • Visual Identity Design (Brand design)

As of the most recent update to these Terms, our services do not include (without additional fees):

  • Advanced UX design
  • Social media management 
  • Enterprise e-commerce sites
  • WordPress, Wix, SquareSpace
  • 3D design
  • Advanced SEO
  • HTML emails 
  • Back-end coding
  • Copywriting 
  • Advanced custom code

In future, we plan to add new features to the Website. When we do add new features, these Terms will apply to them, and we may make revisions to these Terms to adapt to such new features.

How to Use Joyflo

We offer memberships or subscriptions for which a user pays (“Subscriptions”). Additional terms and conditions described in the terms of purchase of Subscriptions may apply to such Subscriptions, and are made a part of these Terms by reference.

While you're setting up a user account (see Account Set-Up below), you may choose from three payment frequency options:

  1. Month-To-Month
  2. Quarterly (save 20%)
  3. Yearly (save 30%)

These plan options are found on the Website.

Once you have signed up on the Website and you go through "Joyflo Onboarding", you will see your main working page, called your “dashboard”. On your dashboard are links to all the features in your plan including your workspace. The workspace is provided through third party providers such as Trello, which will takes you to their external platform. In your workspace, you can see your ongoing design and development projects. Typically, projects will be either queued, active, or completed. 

We may include services provided by third parties, e.g. Trello, Calendly. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchased goods or performing any services.

Hours of Operation

Joyflo typically operates during the following business hours:

  • Mondays through Thursdays, 11am - 9pm Pacific Standard Time (PST); and
  • Fridays from 12pm – 6pm PST;

and is inoperative at all other times, on United States federal public holidays, and during the year-end shutdown described below.

Each calendar year, business will cease during the final week of the year (December 26-31) and the first two weeks of the following January (1st to 15th) and will resume thereafter. If you have an active Subscription during this year-end shutdown period, you may be entitled to a refund and can request one by contacting Joyflo at hello@joyflo.co. Refunds will be funded within 30 days of the request date.

Account Set-Up

The Website requires user registration and the creation of an account in addition to the selection of a subscription. 

You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). In addition, certain features of the Website may only be available to our registered users. 

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

Security

You understand and agree that, should you be provided an account, your account is personal to you, must be treated as confidential, and you agree not to provide any other person with access to this Website or portions of the Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

To access the Website you will be required to log in using your account username and password. You are responsible for all activity occurring when the Website are accessed through your account, whether authorized by you or not.

As outlined further in our Privacy Policy, the security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a User's internet connection are aware of these Terms and comply with them. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: 

  1. accessing content and data that is not intended for you; 
  2. attempting to breach or breaching the security and/or authentication measures which are not authorized;
  3. restricting, disrupting or disabling service to users, hosts, servers, or networks;
  4. illicitly reproducing TCP/IP packet headers;
  5. disrupting network services and otherwise disrupting Website owner's ability to monitor the Website;
  6. using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  7. introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  8. attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or
  9. otherwise attempting to interfere with the proper working of the Website. 

Fees and Payment

We accept payment through third party payment processors (e.g. Stripe). When you reach the payment step, you will be redirected to the external site of the payment processor, or you will be presented a note stating your account will be debited upon resuming. All protocol and terms of service applicable to users of such third party services will apply to you when you use them. 

Intellectual Property Rights and Ownership 

In using the Website, you will see various libraries of designs, including images, templates, themes and other original works created by Joyflo.

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all designs, templates, themes, information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Joyflo, its licensors, or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

The Joyflo name, the Joyflo trademark, the Joyflo logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Joyflo or its affiliates or licensors. You must not use such marks without the prior written permission of Joyflo. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, copy, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: 

  1. your computer, smartphone, and browser may temporarily store or cache copies of materials being accessed and viewed; and
  2. if social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Joyflo. 

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Privacy 

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services. 

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website or mobile application use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

Third-Party Websites 

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. 

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. 

User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms. 

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to any shared, group, community, multi-user or other publicly-visible feature or page of the Website, to other users or other persons through any and all Interactive Functions (collectively, “User Submissions”). Any and all User Submissions must comply with all applicable federal, state, provincial, local, and international laws, regulations, and terms of service. 

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

  1. in any manner violate any applicable federal, state, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others), and include or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
  2. in any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media platform;
  3. include or contain any material that in our view exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable;
  4. involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking  for personal information as prohibited under applicable laws, regulations, or code;
  5. involve, provide, or contribute any false, inaccurate, or misleading information;
  6. impersonate or attempt to impersonate Joyflo, a Joyflo employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  7. transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  8. encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Joyflo or users of the Website or expose the same to liability;
  9. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  10. promote any illegal activity, or advocate, promote, or assist any unlawful act; or
  11. give the impression that they originate from or are endorsed by Joyflo or any other person or entity, if this is not the case.

Website Monitoring and Enforcement, Suspension, and Termination

Joyflo has the right, without provision of notice to:

  1. remove or refuse to post on the Website any User Submissions for any or no reason at our sole discretion;
  2. at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website User Submissions and Site Content Standards;
  3. take appropriate legal action, including, without limitation, referral to law enforcement or a regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; or
  4. terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS JOYFLO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOYFLO RELATING TO ANY INVESTIGATIONS BY EITHER JOYFLO OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or their respective use, and do not and cannot undertake to review material that you or other Users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

Risk Acknowledgment

In addition to the disclaimers and limitations of liability below, you acknowledge that using the Website involves some technology related risks. These include risks such as:

  • Use of other cloud services in the course of accessing the Website;
  • People stealing our data;
  • Hacks in cloud systems;
  • Hacking into your account;
  • Theft of devices on which the Website is installed and operable;
  • Downloading data onto your personal device;
  • Sharing of metadata to third party ad services/companies;
  • Data loss or corruption; 
  • Accidental deletion of your account;
  • Viruses or other malware on the mobile device that scrapes data that is stored on the phone;
  • Website error; or
  • Incorrect data or misportrayal of data by the Website.

If you remove any personal information or other data from the Website to another device or print it out in hardcopy form, there is a risk of loss or theft after you have copied or downloaded the same from our servers.

Disclaimer of Warranties

While Joyflo is designed to provide you the tools to build your brand, we do not warrant or guarantee any specific results or any results at all from your use of the Website, including increased revenues, site traffic, or other performance metrics. Joyflo has no special relationship with nor any fiduciary duties to you. 

The Website, its content, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Neither Joyflo nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents. 

Without limiting the foregoing, neither Joyflo nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the Website, its content, or any services or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes the Website available are free of viruses or other harmful components.

Limitation on Liability

Your use of the Website is at your own risk and neither Joyflo nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

Except where such exclusions are prohibited by law, under no circumstance will Joyflo nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, or damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if Joyflo was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Website, any information you receive from the Website, or any linked websites or such other third-party websites, or any Website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, smartphone, computer programs, data, or other proprietary material due to your use of the Website or any services or items found or attained through the Website or to your downloading of any material posted on the Website, or on any Website linked to the Website.

In any event and without limiting the foregoing, the maximum liability of Joyflo, its affiliates and its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers to you for any and all damages shall not exceed the amount paid by you, if any, for accessing the Website. You acknowledge and agree that these limitations on liability are a fundamental element of these Terms, and that access to the Website would not be provided to you absent such limitations. If you reside in a jurisdiction where limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. 

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Joyflo, its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and accounting fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

Governing Law and Choice of Forum

The Website and these Terms will be governed by and construed in accordance with the laws of the State of Florida, USA and the federal laws of the USA applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the State of Florida or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to this Website and under these Terms will be instituted in the courts of the State of Florida and/or the Federal Courts of the USA in the State of Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Joyflo regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

Modifications to the Terms and to the Website

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Reporting and Contact

The Website is operated by Joyflo. Should you become aware of misuse of the Website including libellous or defamatory conduct, you must report it to Joyflo at hello@joyflo.co. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@joyflo.co.

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