Terms of Service
Last Updated: October 5, 2026
By continuing to use our Service after this date, you accept these updated Terms of Service
Please read these Terms of Service ("Terms") carefully before using the DealJoy.AI service operated by WithJoy.AI Inc.
1. Acknowledgment and Agreement
These Terms are entered into by and between you (“You” or “Your”) and WithJoy.AI Inc. (“WithJoy.AI”, “DealJoy.AI”, “Company”, “We”, “Us”, or “Our”) (You and Company may individually be referred a “Party”, or collectively, the “Parties”) and governs the access to and use of https://dealjoy.ai/ (the “Website”), the platform to connect real estate agents to homeowners (the “Platform”), and any content, functionality, and services offered on or through the Website or Platform (collectively, the “Service”). Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
You represent that You are over the age of 18.
Your use of the Service is also conditioned on Your acceptance of Our Privacy Policy. Please review Our Privacy Policy carefully for details about Our personal information practices before using Our Service.
2. Service
2.1. Email Infrastructure and Domain Ownership.
2.1.1 Managed Email Infrastructure. To maximize email deliverability and protect Your sender reputation, the Company procures, configures, and manages all email-sending domains, subdomains, IP addresses, DNS records (including SPF, DKIM, and DMARC configurations), and associated technical assets procured, configured, or managed by the Company for the purpose of delivering communications through the Service on Your behalf (“Email Infrastructure”), including all internet domain names registered or acquired by the Company and used to transmit email communications through the Service (“Sending Domains”). You specifically instruct and authorize Company to engage with third-party individuals through Contact Data (defined below) that You upload to the Service or direct Company to procure on Your behalf. As part of this managed service, the Company registers and maintains all Sending Domains in its own name. You acknowledge that: (a) Sending Domains are Company assets managed for Your benefit during the term of Your account; (b) the Company may reassign, retire, or update Sending Domains at any time to optimize deliverability; and (c) Sending Domains may incorporate Your name or brokerage name for personalization purposes, but this does not create any ownership interest or claim on Your part.
The Service may send responses on Your behalf to recipients who indicate they wish to opt out of communications, inquire about the source of their contact information, or otherwise signal they are not interested in Your real estate services. These responses are limited to administrative, non-substantive functions, including but not limited to acknowledging opt-out requests, confirming removal from contact lists, and addressing inquiries regarding data sourcing. By using the Service, You authorize the Company to send these administrative communications on Your behalf. You remain solely responsible for ensuring this delegation complies with Your brokerage's policies and applicable state licensing requirements. To disable this feature and handle all responses manually, contact Us at support@dealjoy.ai.
2.1.2 Domain Transfers and Purchase Options. Because Sending Domains are managed Company assets, You agree not to independently initiate any domain transfer, registrar change, or DNS modification for any Sending Domain. If You would like to acquire a Sending Domain upon termination of Your account, the Company may, at its sole discretion, offer to sell one or more Sending Domains to You, subject to additional fees and a separate domain transfer agreement. The Company is under no obligation to offer any domain for sale. To inquire about domain purchase options, contact Your sales representative. Any unauthorized attempt to gain control of a Sending Domain through any mechanism constitutes a material breach of these Terms.
2.1.3 Domain Warm-Up and Deliverability. New Sending Domains go through a warm-up period during which sending volumes are gradually increased to establish a positive sender reputation. The Company will use commercially reasonable efforts to optimize domain health and deliverability. Actual deliverability rates depend on multiple factors, including Your Contact Data quality and email content, and the Company does not guarantee specific inbox placement rates or sender reputation scores. You acknowledge that: (a) sending volumes may be gradually increased during initial domain warm-up periods; (b) the Company may reduce or pause sending if bounce rates or spam complaint rates exceed internal thresholds, or deliverability metrics fall below thresholds determined by the Company; and (c) the Company may modify sending infrastructure at any time without prior notice to maintain compliance with email service provider policies and industry standards.
2.1.4 Post-Termination. Upon termination of Your account: (a) email sending on Your behalf will stop; (b) Sending Domains will remain Company property (unless purchased); and (c) the Company is not obligated to forward or redirect emails associated with any Sending Domain previously used for Your account.
2.2 Contact Data; System Data.
(a) Your Data. Names, email addresses, phone numbers, mailing addresses, and other personally identifiable information of third-party individuals that You upload to or process through the Service (“Contact Data”) You upload to the Service remains Your User Content and is subject to Section 5.
(b) Contact Data Procurement. When the Service includes Contact Data procurement by Company, You explicitly direct Company to procure Contact Data for relevant or otherwise interested third-party individuals with the sole purpose of facilitating engagement with You or Your Hosted Website. Contact Data procured by Company is Your User Content subject to Section 5. You acknowledge and agree that, as related to the Contact Data, You are the Controller (or independent ‘Business’ as defined by the California Consumer Privacy Act or ‘CCPA’) and Company is the Processor (or ‘Service Provider’ as defined by the CCPA) on Your behalf.
(c) System Data. Analytics, engagement metrics, lead scores, interaction histories, and other data generated by the Service's processing of Your Contact Data ("System Data") are the property of the Company. You have access to view System Data through the Service during the term of Your account.
2.3 Website Hosting and Digital Services.
2.3.1 Scope of Digital Services. The Company may provide Digital Services to You as part of Your Subscription or as separately purchased add-ons. “Digital Services” may include, but are not limited to, websites created, hosted, or managed by the Company on Your behalf (“Hosted Websites”), CRM tools, contact management, lead tracking, analytics dashboards, and other digital tools as the Company may offer from time to time. The specific Digital Services available to You depend on Your Subscription plan.
2.3.2 Hosted Websites. If the Company provides a Hosted Website as part of Your Service:
(a) Ownership. All website templates, designs, code, frameworks, and underlying technology used to create Your Hosted Website are and remain the exclusive property of the Company. You retain ownership of any original text content, photographs, and biographical information You provide specifically for use on Your Hosted Website.
(b) Domain Names. Website domain names follow the same provisions as Sending Domains under Section 2.1. If the Company registers a domain for Your Hosted Website, it is a Company asset. The domain purchase option in Section 2.1 applies.
(c) Customization. The Company may offer design customization within the parameters of the Service. You may not independently modify the source code, hosting configuration, or technical infrastructure of Your Hosted Website.
(d) Availability. The Company will use commercially reasonable efforts to maintain Hosted Website availability but does not guarantee any specific uptime percentage. The Company may perform maintenance, updates, or modifications to Hosted Websites at any time.
(e) Post-Termination. Upon termination of Your account, Your Hosted Website will be taken offline. The Company has no obligation to maintain, archive, or transfer Your Hosted Website or its contents. You are responsible for maintaining copies of any original content You provided.
2.3.3 Future Digital Services. The Company may introduce additional Digital Services from time to time. New Digital Services will be governed by these Terms unless the Company provides separate terms specific to that service. The Company may modify, suspend, or discontinue any Digital Service at any time, with reasonable notice when practicable.
2.3.4 Acceptable Use of Digital Services. Your use of all Digital Services is subject to the acceptable use provisions of Section 6. Additionally, You agree not to: (a) use any Digital Service to host, store, or distribute content that violates applicable law or these Terms; (b) attempt to access, reverse engineer, or extract the source code or underlying technology of any Digital Service; (c) use any Digital Service in a manner that interferes with the Service's operation or other users' access; or (d) resell, sublicense, or provide access to any Digital Service to third-parties without the Company's prior written consent.
2.4 Integrations. The Service may offer integrations with third-party platforms. The Company is not responsible for the availability, accuracy, or functionality of third-party integrations, and third-party services are governed by their own terms.
3. User Accounts
You may be required to create an account to use Our Service. When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account.
You are responsible for safeguarding the username and password that You use to access the Service and for any activities or actions under Your account. You agree to notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not transfer Your account to anyone else without Company’s prior written permission.
4. Fees, Payment, and Subscriptions
4.1 Subscriptions. The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis (such as monthly or annually) , depending on the Subscription plan You select at the beginning of your commitment period for Your Subscription (monthly, quarterly, semi-annually, annually, or as otherwise specified, regardless of your payment frequency) (“Commitment Term”). Subscriptions will automatically renew under the same conditions unless canceled by You or the Company.
4.2 Payment. A valid payment method, such as a credit card, is required to process the payment for Your Subscription. You shall provide the Company with accurate and complete billing information. By submitting such payment information, You authorize the Company to charge all Subscription fees incurred through Your account.
4.3 Fee Changes. The Company, in its sole discretion, may modify the Subscription fees at any time. Any fee change will become effective at the end of the then-current billing cycle. We will provide You with reasonable prior notice to the email associated with Your account of any change in fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
4.4 No Refunds. All fees are non-refundable, including subscription fees, setup fees, and any other charges, regardless of usage or reason for cancellation. No refunds will be issued for partial periods, downgrades, cancellations, or account terminations. The sole exception is verified billing errors (duplicate charges or incorrect amounts), which must be reported to support@dealjoy.ai within 30 days of the charge. The Company will investigate and, if confirmed, issue a credit or refund for the erroneous amount within 15 business days. This no-refund policy applies except where prohibited by applicable law.
4.5 Cancellation by You. You may cancel Your Subscription at any time by contacting Us at support@dealjoy.ai. Cancellation takes effect at the end of Your current Commitment Term (e.g., at the end of Your monthly, quarterly, semi-annual, or annual commitment period), regardless of payment frequency. You will retain full access to the Service through the end of Your Commitment Term and remain responsible for all payments due through that date. No refunds or credits will be issued for the remaining portion of any Commitment Term.
4.6 Non-Renewal by the Company. The Company may elect not to renew Your Subscription at the end of any Commitment Term by providing at least 30 days' written notice before the end of the then-current Commitment Term. Non-renewal does not constitute a breach of these Terms by either party. Upon non-renewal: (a) Your access to the Service will end at the conclusion of the Commitment Term; (b) no refunds will be issued for the completed Commitment Term; and (c) all post-termination provisions of these Terms will apply.
5. Intellectual Property Rights
5.1 Service. Subject to these Terms, the Company grants You a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Commitment Term. We reserve all rights not expressly granted to you in and to the Service.
5.2 Content and Marks. Unless otherwise indicated, Our proprietary property, including without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Service “AS IS” for Your information and internal business purposes only. Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission. We reserve all rights not expressly granted to You in and to the Content and the Marks.
5.3 User Content. You retain ownership of any data, Contact Data, email content, text, images, or other materials that You upload, submit, or transmit to the Service (“User Content”). However, by providing User Content to the Service, You grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, format, and distribute such User Content solely for the purpose of providing and improving the Service. We will handle all User Content in accordance with Our Privacy Policy.
5.4 Branding and Trademark Use.
5.4.1 License Grant. By creating an account and using the Service, You grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, and display Your brokerage name, trade name, logo, trademarks, service marks, and associated branding elements that You provide (“Brokerage Marks”) for the following purposes:
(a) Service Delivery. Including Your Brokerage Marks in email communications, landing pages, CRM interfaces, and other materials generated or delivered through the Service on Your behalf. This use is required for Service operation and cannot be opted out of while Your account is active.
(b) Marketing and Promotional Use. Identifying You as a customer of the Company on the Company's website, marketing materials, pitch decks, case studies, social media, and similar promotional channels. This includes displaying Your Brokerage Marks alongside the Company's customer list or logo wall.
5.4.2 Default Opt-In; Opt-Out for Marketing Use. The license in Section 5.4.1(a) (Service Delivery) is required for the Service to function and remains in effect for the duration of Your account. The license in Section 5.4.1(b) (Marketing and Promotional Use) is granted by default. You may opt out of Marketing and Promotional Use by sending written notice to support@dealjoy.ai. Opt-out requests will be processed within 30 business days. Opting out of Marketing and Promotional Use does not affect the Service Delivery license.
5.4.3 Your Representations. You represent and warrant that: (a) You have the authority to grant the licenses in this Section 5.4; (b) Your Brokerage Marks do not infringe the intellectual property rights of any third party; and (c) if You use Brokerage Marks belonging to a franchisor, parent brokerage, or other third party, You have obtained all necessary permissions to sublicense those marks to the Company as described herein.
5.4.4 Trademark Standards. The Company will use Your Brokerage Marks in a manner consistent with reasonable trademark usage standards. The Company will not materially alter or distort Your Brokerage Marks. You retain all ownership rights in Your Brokerage Marks.
5.4.5 Termination of License. Upon termination of Your account: (a) the Service Delivery license terminates immediately; (b) the Marketing and Promotional Use license survives for 90 days to allow the Company to update its materials, after which it terminates unless You consent to continued use.
6. Acceptable Use
6.1 Your Responsibilities. By using the Service, You represent and warrant that: (a) all registration information You submit will be true, accurate, current, and complete; (b) You will maintain the accuracy of such information and promptly update such registration information as necessary; (c) You have the legal capacity and You agree to comply with these Terms; (d) You are not a minor in the jurisdiction in which You reside; (e) You will refrain from any act that may infringe or breach the intellectual property rights, privacy rights, or other rights of Company, any affiliated party, or any other third party; (f) You have obtained and/or maintained the legally required consent prior to calling, messaging, emailing, or otherwise contacting with the Service any individuals associated with Your Contact Data in compliance with, and You have called, messaged, emailed, or otherwise contacted with the Service any individuals associated with Your Contact Data in compliance with, applicable law, including without limitation, the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (“CAN-SPAM”), the Telephone Consumer Protection Act of 1991 and its implementing rules and regulations (“TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule (“TSR”), all federal and state Do-Not-Call Registries and implementing regulations (“DNC Registry”), Federal Communications Commission rules and guidelines, and any applicable data privacy and protection laws; and (g) You will adopt reasonable safety precautions to protect Your account username(s) and password(s) for the Service.
6.2 Prohibited Activities. As a user of the Service, You agree not to:
(a) Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
(b) Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(c) Alter or modify any part of any of the Service, nor circumvent, disable, or otherwise interfere with the security, copy-protection, or use-restriction features of the Service, unless expressly permitted under these Terms.
(d) Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
(e) Disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Service.
(f) Use any information obtained from the Service in order to harass, abuse, or harm any third party.
(g) Make improper use of Our support services or submit false reports of abuse or misconduct.
(h) Engage in unauthorized framing of or linking to the Service.
(i) Any act in relation to any of the Service that will harm Company or any third party, including without limitation, Your use, delivery or transmission of phishing, spamming, spoofing, deceptive marketing, unsolicited e-mails, viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in relation to any of the Service.
(j) Use the Service in any way that amounts to fraud, impersonation, spoofing, phishing, deceptive marketing, unlawful robocalling/texting, or fake affiliation.
(k) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(l) Delete the copyright or other proprietary rights notice from any Content.
(m) Use, copy, or distribute in any medium, any part of the Content or Marks other than for purposes expressly provided for in these Terms.
(n) Attempt to impersonate another user or person or use the username of another user.
(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
(p) Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
(q) Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Service to You.
(r) Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
(s) Copy or adapt the Service’s software, including but not limited to HTML, JavaScript, or other code.
(t) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
(u) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
(v) Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(w) Use the Platform for any purpose except legitimate internal business purposes of conducting marketing, customer relationship management, sales communications, and related business activities.
(x) Create a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
(y) Attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Service.
(z) Use the Service to submit to any third party, any information that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue.
(aa) Use the Service for any illegal or unauthorized purpose.
6.3 AI-Generated Content and Monitoring. The Service uses artificial intelligence and automation to generate and send email content on Your behalf as a managed service. You acknowledge that the Company generates and sends communications without requiring Your prior approval of each individual message. You have access to view all outgoing communications through the Service and You accept sole responsibility for monitoring the content and accuracy of communications sent through Your account. You, not the Company, are deemed the ‘sender’ of all communications dispatched via the Service. You agree to: (a) review outgoing communications on a regular basis; (b) notify the Company immediately at support@dealjoy.ai if You identify any content that is inaccurate, non-compliant, or otherwise objectionable; and (c) assume full liability for all communications sent through Your account, regardless of whether You reviewed them prior to sending. You agree to indemnify and hold the Company harmless from any claims, damages, or liabilities arising from communications sent through Your account. The Company provides AI-generated content on an "AS IS" basis and makes no warranty that it is accurate, complete, or lawful.
6.4 Contact Data Quality. You are responsible for the accuracy and quality of all Contact Data. You represent and warrant that: (a) all email addresses in Your contact lists are valid and collected through lawful means; (b) You will not upload purchased, scraped, or harvested email lists unless You have independently verified the lawful basis for contacting each individual; and (c) You will promptly remove any contacts who have opted out, bounced, or otherwise indicated they do not wish to receive communications. The Company reserves the right to reject, quarantine, or delete Contact Data that does not meet quality standards established by the Company.
6.5 Prohibitions on Competitive Use. Use the Service as part of any effort to compete with Us, or otherwise use the Service and/or the Content for ideas, features, functions, or graphics for any revenue-generating endeavor or commercial enterprise substantially similar to the Company, in the Company’s sole discretion, is strictly prohibited and a material breach of these Terms. You acknowledge that a breach of the prohibitions in this Section 6.5 will cause irreparable harm and substantial damages to the Company. You agree that if You breach this section, You will pay the Company liquidated damages in the amount of seven hundred and fifty thousand U.S. dollars ($750,000 USD). This amount is a reasonable and genuine pre-estimate of the damages the Company would suffer, not a penalty, considering the Company’s proprietary technology, R&D costs, and business trajectory. Notwithstanding the foregoing, You agree that any breach of this Section will entitle the Company to seek immediate injunctive relief from a court of competent jurisdiction to halt the prohibited activity, without the necessity of posting a bond or proving actual damages. This Section does not waive any other right or remedy the Company may have.
7. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
8. Third-Party Websites and Content
The Service may contain (or You may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Service or relating to any applications You use or install from the Service. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9. Email and SMS Communications
By providing Your email and/or mobile phone number to Us, You are voluntarily opting in such communications. You agree to receive recurring mobile messages from Us at the mobile phone number associated with Your opt-in, even if such number is registered on any state or federal ‘Do Not Call’ list. Message and data rates may apply. You agree that any mobile phone number You provide to Us is a valid mobile phone number of which You are the owner or authorized user. If You change Your mobile phone number or are no longer the owner or authorized user of the mobile phone number, You agree to promptly notify Us at support@dealjoy.ai.
10. Website Management
We reserve the right, but not the obligation, to: (a) monitor the Service for violations of these Terms; (b) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (c) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your User Content or any portion thereof; (d) in Our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (e) otherwise manage the Service in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Service.
11. Copyright Infringements
We respect the intellectual property rights of others. We maintain a policy that provides for the termination in appropriate circumstances of the Website’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if You believe that any material available on or through the Service infringes upon any copyright You own or control, please immediately notify Us via mail or email (subject line: ‘DMCA Takedown Request’) using the contact information provided below (a "Notification"). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification, including the following information:
Your address, telephone number, and email address;
A description of the work(s) that You claim have been infringed;
A description of where the alleged infringing material(s) are located;
A statement by You that You have a good faith belief that the disputed use of such work(s) are not authorized by the owner, its agent, or the law;
A statement by You, made under penalty of perjury, that all of the information in Your notice is accurate and that You are the owner or are authorized to act on the owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).
Please be advised that pursuant to applicable law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that material located on or linked to by the Service infringes Your copyright, You should consider first contacting an attorney.
12. Term and Termination
These Terms shall remain in full force and effect while You use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Upon termination or non-renewal for any reason: (a) Your right to use the Service will cease at the end of the applicable Commitment Term; (b) the Company will cease sending emails on Your behalf; (c) Your Hosted Website, if any, will be taken offline; (d) the domain ownership provisions of Section 2.1 will apply; and (e) the branding license provisions of Section 5.4.5 will apply.
If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate Us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
14. Disputes
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH WITHJOY.AI AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
14.1 Initial Dispute Resolution. Most concerns can be resolved quickly without resorting to litigation. If You have a concern, You must reach Our support department at support@dealjoy.ai. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement arising under or in connection with these Terms (“Dispute(s)”) directly through consultation with Our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
14.2 Arbitration. Except as detailed the “Exceptions to Arbitration” below, any Disputes that cannot be resolved informally as detailed in the “Initial Dispute Resolution” section above shall be settled exclusively by arbitration in Washington, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrator’s decision shall be final and legally binding and judgment shall be entered thereon.
14.3 Exceptions to Arbitration. Disputes do not include disputes, claims, questions, or disagreements arising out of Your visitation to or use of the Website that does not result in use of Email Infrastructure, Digital Service, or support interaction. This includes without limitation disputes, claims, questions, or disagreements arising out of or relating to third-party technologies on the Website. You and WithJoy.AI agree that information collected does not constitute ‘sensitive’ personal information under any theory of law. For more information on how to opt out of third-party technologies on the Website, please refer to Our Privacy Policy.
14.4 Waiver of Jury Trial. YOU AND WITHJOY.AI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WithJoy.AI are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above.
14.5 No Classes. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY‘S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WITHJOY.AI AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON‘S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.
14.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of Your decision to opt out. Your notice must be sent via email to support@dealjoy.ai and to: 1220 Main St, Suite 400, Vancouver, WA 98660 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, the email address You used to set up Your account (if You have one), Your signature, and a clear statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have with WithJoy.AI, or may enter into in the future with WithJoy.AI.
15. Disclaimer
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, INTERRUPTION OF BUSINESS, LOSS OF DATA, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR PLATFORM, LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE WEBSITE OR PLATFORM, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF WE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. Indemnification
17.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your User Content, including any claim that Your User Content infringes or misappropriates the intellectual property rights of a third party; (b) Your Contact Data, including any claim that You lacked a lawful basis to contact an individual or that Your contact practices violated CAN-SPAM, TCPA, or any applicable state or federal law; (c) Your use of the Service in violation of these Terms; (d) any communications sent through the Service on Your behalf, including content generated based on information, preferences, and data You provided to the Service; (e) any third-party claim arising from Your brokerage activities conducted through the Service, (f) violation of any third-party right, including without limitation, any intellectual property, property, personality, or privacy right; (g) third-party data collected on Your behalf; and (h) any content You provide for or publish through Your Hosted Website.
17.2 Indemnification Process. The Company will: (a) promptly notify You of any claim subject to indemnification (provided that failure to provide timely notice will not relieve You of Your indemnification obligations except to the extent You are materially prejudiced by such failure); (b) provide You with reasonable cooperation in the defense of such claim at Your expense; and (c) grant You sole control of the defense and settlement of such claim, provided that You may not settle any claim that imposes obligations on the Company without the Company's prior written consent.
18. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of Washington, United States, and to be entirely performed within the State of Washington, without regard to its conflict of law provisions.
19. General Provisions
19.1 Entire Agreement. These Terms and any other legal notices published by Company on the Service constitute the entire agreement between You and Company concerning Your use of the Service.
19.2 Transferability. These Terms will be binding on and inure to the benefit of You and Company and both parties’ respective successors, assigns, heirs and personal representatives. You will not assign or transfer any right or obligation under these Terms without the prior written consent of Company and any attempted assignment without Company’s prior written consent will be null and void. Company may transfer any rights or obligations under these Terms without Your prior written consent.
19.3 Severability: If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
19.4 Waivers. No term or provision of these Terms will be considered waived by Company, and no breach excused by Company, unless such waiver or consent is in writing and signed by Company. The waiver by Company of, or consent by Company to, a breach, of any provision of these Terms by You will not operate or be construed as a waiver of, consent to, or excuse of, any other or subsequent breach by You.
19.5 Changes to These Terms: We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will provide reasonable prior notice of material changes by email, in-app notification, or by posting the updated Terms on Our Website with a revised "Last Updated" date. What constitutes "reasonable notice" will depend on the nature and scope of the changes. By continuing to use Our Service after revised Terms become effective, You agree to be bound by the revised terms. If You do not agree to the revised terms, You may cancel Your Subscription as described in these Terms.
19.6 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19.7 Third Party Beneficiaries. These Terms are not enforceable by or for the benefit of any third party.
19.8 Survival. Sections 2.3.2(e) (Hosted Website Post-Termination), 2.1 (Email Infrastructure and Domain Ownership), 5.3 (User Content), 5.4.5 (Termination of License), 6.5 (Prohibitions on Competitive Use), 14 (Disputes), 15 (Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), and 18 (Governing Law) will survive termination or non-renewal of these Terms.
20. Contact Us
If You have any questions about these Terms, You can contact Us:
By email: support@dealjoy.ai