PLEASE READ THESE TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO MEDICAL AND WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, SUBSCRIPTION TO AND PURCHASE OF PRODUCTS, GOVERNING LAW, APP STORE TERMS AND THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

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Welcome to the Joystik Life application (the “App”), which is owned and operated by Joystik Life, Inc. (“Joystik,” “we,” “our,” or “us”). The following terms and conditions of use as well as the corresponding Privacy Policy which is incorporated herein by reference and available here by link or otherwise available through the App, and the additional app store terms incorporated as Exhibit A below (collectively the “Terms”) govern your access to and use of: the App; pages within the App and any information, material, or content made available on or through the App; and all other communications provided by Joystik. 

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These Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under the age of 18, you may only use the App with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the App.

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YOUR USE OF THIS APP CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, WE KINDLY ASK YOU NOT TO USE THIS APP. 

 

1. Health Related Information Disclaimer

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The trainings, techniques, and other information offered on the App are designed to help users reduce stress and improve their overall well-being. However, they are not intended to be a substitute for the advice, diagnosis, or treatment provided by a qualified medical practitioner. You should not use the information available on or through the App for diagnosing or treating a health problem or disease. If you have any history of medical illness or are currently under medical treatment, we recommend that you consult with your doctor or other qualified healthcare provider before using the App. Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services. Additionally, if you experience any pain or discomfort while using this App, please stop immediately and seek medical attention if necessary. 

 

2. Changes to the App 

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Joystik reserves the right to change, modify, or discontinue the App or any portion of the App, including any and all content, at any time, without notice to you. Joystik reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage.  Your continued use of the App following the posting of changes to these Terms will mean you accept those changes. 

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3. Your Use of the App

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You are granted a limited, non-exclusive, revocable right to access and use the App solely for personal, non-commercial use to receive Joystik services. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):

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• Modify, reproduce, or resell any part of the App’s content or data (excluding your personal information), or otherwise commercially exploit any of the App’s content or data (even if that content or data is provided by a third party);

• Access, tamper with, or use non-public areas of the App or Joystik’s computer systems; 

• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; 

• Access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Joystik; 

• Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the App, or otherwise collect, gather, extract, scrape, or obtain any data or content from the App for any commercial purpose other than obtaining products and services from Joystik or your own personal, non-commercial use; 

• Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the App; 

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or App; 

• Attempt to hide or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms, including without limitation,  if any IP address you have been assigned or used is blocked or dropped by Joystik, you are hiding or switching your IP address to scrape or collect data and content from this App, or you have received a cease and desist or other correspondence from Joystik related to any activity in violation of these Terms that requires you to cease accessing or using the App; 

• Use the App or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this App, unless you first obtain Joystik’s express written consent; 

• Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or

• Use the App or its content for any purpose prohibited or restricted by law

Except for the limited right expressly granted to you in these Terms, Joystik and its licensors expressly reserve all other rights and licenses. 

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4. Your User Account

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If you register for an online account with Joystik on the App, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Joystik of any unauthorized use of your password or account or any other breach of security. 

If you provide information on the App, you agree to (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the App facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or Joystik has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Joystik has the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the App (or any portion thereof) by you.

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5. Use Outside of the United States

 

Joystik makes no representation that the materials contained on the App or services described or offered on the App are appropriate or available for use in every jurisdiction outside the United States, or that this Agreement complies with the laws of every country outside of the United States. Visitors who use the App do so on their own initiative and are responsible for ensuring compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the App from any territory where its contents are illegal, and that you, and not Joystik, are responsible for compliance with applicable local laws.

 

6. User Content

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You may have the option to post content, where applicable, on the App ("User Content"). All User Content, regardless of method posted, is your sole responsibility. Joystik cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the App.

 

By posting any User Content on the App, you hereby grant Joystik a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that: you own the User Content posted by you on or through the App or otherwise have the right to grant the license set forth above; and the posting of your User Content on or through the App does not violate the privacy rights, intellectual property rights, publicity rights, contract rights or any other rights of any person. Joystik shall not be liable for any use or disclosure of any User Content you post to or through the App. 

 

JOYSTIK SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE APP, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU.

 

You understand that by using the App, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. Joystik does not endorse or have control over the User Content. We make no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the App. We assume no responsibility for monitoring any the App for inappropriate submissions or conduct. We have no obligation to modify or remove any inappropriate User Content. Notwithstanding the foregoing, Joystik and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion. 

 

7. Termination / Suspension

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You agree that Joystik may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the App, including any online account hereon, without notice, for any reason in Joystik’s sole discretion, including, without limitation, violation of these Terms or Joystik’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Joystik, another user, or any third party.

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8. Privacy

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By accessing and using the App, you agree to the terms of Joystik’s Privacy Policy, which are incorporated into these Terms by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy. 

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9. Trademarks

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Joystik, or third parties from whom Joystik has permission, own the trademarks and service marks that are used on the App. All rights are reserved by Joystik and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Joystik and its licensors may not be used without prior written consent of Joystik or its licensor. Without limiting the foregoing, no Joystik trademark or trade dress may be used in connection with any product or service that is not Joystik’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Joystik.

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10. Copyright and Other Proprietary Rights

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Joystik, or third parties from whom Joystik has permission, own the App and all content that is used on the App. All proprietary content and materials on the App including, without limitation, the App’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.

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11. Digital Millennium Copyright Act

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If you have reason to believe that material on the App infringes your copyright, please send a notice by e-mailing us requesting that the infringing material be removed. The notice must contain the following information:

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• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;

• A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the App;

• Identification of the allegedly infringing material and where the material is located on the App;

• Your contact information, including your name, address, telephone number, and email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

 

Joystik’s designated agent for notification is the President who may be contacted at:

By Mail:
Joystik Life Inc

3215 Golf Rd #102

Delafield, WI 53018
 

By E-mail:
info@joystik.life 

Subject Line: DMCA

Although Joystik reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the App, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any offender. 

 

 

12. Children’s Privacy

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Individuals under the age of 18 (“Minors”) are not permitted to use the App without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our App without parental consent. 

 

13. Third-Party Sites

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The App may contain links to other unrelated websites on the Internet. Joystik is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms do not apply to such unrelated websites, and you should review the privacy policy and terms of use for any website that you visit. Joystik makes no representations or warranties regarding the security of any information you make available to such websites. Joystik is not liable for any losses or damages incurred as the result of your business dealings with such third parties.

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14. Disclaimer of Warranties

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OUR APP, OUR CONTENT AND OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. JOYSTIK DOES NOT WARRANT THAT ANY PART OF THE APP WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE APP AND ACCESS TO THE APP WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. JOYSTIK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICES IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY RELIANCE ON APP CONTENT IS AT YOUR OWN RISK. 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, JOYSTIK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICES. JOYSTIK CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES JOYSTIK MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY WEBSITES.

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15. Limitation of Liability

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TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL JOYSTIK, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "JOYSTIK PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF JOYSTIK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE JOYSTIK PARTIES SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO JOYSTIK DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, IF ANY, OR ONE HUNDRED DOLLARS (US $100).

YOU AGREE TO PROMPTLY NOTIFY JOYSTIK IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE JOYSTIK PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

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16. Indemnification

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You agree to indemnify, defend, and hold harmless Joystik, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the App, your use of any material, information, data downloaded or otherwise obtained from the App, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of Joystik or any other person or entity.

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17. Notice

 

Joystik may deliver notice to you by means of e-mail, a general notice on the App, or by other reliable method to the address you have provided to Joystik.

 

18. Interpretation and Disputes

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These Terms are governed by the laws of the State of Wisconsin, without regard to any conflict of laws provisions. If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed, and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability. 

If we have not been able to resolve the dispute informally within thirty (30) days after both parties received notice of the dispute, we both agree to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms by binding arbitration conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”). Unless we both agree otherwise, the arbitration will be conducted in the same county as our offices. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the JAMS Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration, along with all filings and decisions, will be confidential except as necessary to enforce the award. 

 

ARBITRATION MEANS THAT YOU AND JOYSTIK (OR ITS APPLICABLE SUBSIDIARY) ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JOYSTIK ARE WAIVING THE RIGHT TO A TRIAL BY JURY. 

 

Notwithstanding the foregoing provisions, each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property.

 

19. Entire Agreement

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These Terms constitute the entire agreement between you and Joystik relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 

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20. Waiver and Severability 

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Furthermore, no delay or omission by Joystik to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Joystik. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

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21. Electronic Communications

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You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices, or communications between you and Joystik may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

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22. Mobile Devices

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Some mobile devices may not be capable of accessing the App in its entirety. Joystik is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the App using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.

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23. Force Majeure 

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Joystik shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control. 

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24. Patches and Updates

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Joystik may apply patches, updates and modifications to the App and associated software at any time, and features may change after the application of an update. Joystik may change, modify, suspend, or discontinue any aspect of any feature or service on the App at any time. Joystik may also impose limits on certain features or restrict your access to parts or all of the App and associated software without notice or liability. Joystik makes no representation that a feature, the App and/or associated software will work on a particular web browser, version of a web browser or device.

 

25. App Purchase and Subscription Plan

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When you choose to make a purchase or enroll in a subscription for the App (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the App will be presented to you before you place your order. 

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Joystik offers payment for the services via the APP on a monthly and yearly basis. WHEN YOU CHOOSE TO ENROLL IN A SUBSCRIPTION VIA THE APP, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOUR CREDIT CARD OR YOUR THIRD PARTY PAYMENT PROCESSING ACCOUNT WITH THE APP STORE OR DISTRIBTION PLATFORM (LIKE THE APPLE APP STORE) WHERE THE APP IS AVAILABLE ( EACH A “APP PROVIDER”) ON A WEEKLY/MONTHLY (ACCORDINGLY) BASIS FOR THE PRICE OF THE SERVICES SPECIFIED ON THE APP (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOU PURCHASE SERVICES THROUGH THE SUBSCRIPTION OPTION, AND (B) YOUR ENROLLMENT IN THE SUBSCRIPTION IS CONTINUOUS UNTIL YOU PAUSE OR CANCEL IT OR WE SUSPEND OR TERMINATE IT. INSTRUCTIONS FOR CANCELING THE SUBSCRIPTION ARE DESCRIBED IN BELOW. 

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Subscription Plan Details. All amounts are payable and charged for monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly subscription before it renews to avoid the billing of the fees for the next subscription period. Once you purchase your subscription via an App Provider, you can cancel the renewal of your subscription at any time via your account with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period, and you will continue to receive the services ordered until the end of your current subscription period.  Prior to the renewal of a subscription selected through our subscription option, you will receive notice or your renewal through the App Provider. 

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Changes to Price Terms for Subscriptions. Joystik reserves the right to offer certain discounts in relation to certain subscription offerings and to change its pricing terms for subscriptions at any time and will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Joystik’s pricing terms, then you may choose not to renew your subscription in accordance with this Section 25. 

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Business Customers. If you are a business customer of Joystik, separate pricing terms may apply and will be set forth in your applicable agreement with Joystik. 

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26. Notice of Financial Incentives

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We may offer various financial incentives. For example, we may provide incentives to users who participate in a survey, referral program or provide testimonials. You can opt into a financial incentive by following the sign-up or participation instructions provided. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up.

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27. Notice to New Jersey Residents

You may have additional rights protected under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms are not intended to diminish, void or alter your rights under New Jersey law - limitations of liability or exculpation (including, but not limited to limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution and arbitration, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations or warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and / or costs and copyright.  In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern. 

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28. Contact

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To ask questions or comment about these Terms, we may be contacted at: info@joystik.life

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Exhibit A: App Store Terms

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To the extent permitted by law, the following supplemental terms shall apply when accessing the App through specific devices.

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1. Notice regarding Apple

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By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

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• These Terms are between Joystik and you; Apple is not a party to these Terms.

• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

• Apple is not responsible for the App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

• Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

• In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.

• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

• Joystik expressly authorises use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple.

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2. Notice Regarding Google Play 

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By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

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• To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and

• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Joystik or you (or any other user) under these Terms or the Google Play Terms.

 

 

 

                                                                          Global Addendum

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1. Rights that Cannot be Excluded

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• If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

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2. Modifying and Terminating the Services

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• If we make a change or discontinue a Service that unreasonably disadvantages you or otherwise significantly disturbs the contractual balance between the parties, including changes to the essential characteristics of the Service, you can object by terminating your account and/or Recurring Subscription. If you terminate your Recurring Subscription in those cases, you may be entitled to receive a pro rata refund of amounts you have paid for the unused portion of your terminated Recurring Subscription.

• Subject to the above, if you are located in Australia and terminate your Recurring Subscription in these cases, you will be entitled to a pro rata refund of the amounts you have paid for the unused portion of your terminated Recurring Subscription.

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3. Governing Law

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• If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.

• Notwithstanding section 16 but subject to the above, if you are located in India and any Dispute cannot be subject to arbitration, courts in Bangalore shall have exclusive jurisdiction over such Dispute.

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4. Alternative Indemnity

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• If you are located in Australia, section 16 of the Terms will not apply to you, and this Alternative Indemnity section will apply instead.

• To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Joystik and its officers, directors, partners, employee, and agents (individually and collectively, the “Joystik Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).

• You will promptly notify the Joystik Parties of any third-party Claims, cooperate with the Joystik Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Joystik Parties will have control of the defense or settlement, at Joystik’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Joystik or the other Joystik Parties.

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5. Alternative to Arbitration

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• Section 18 of the Terms will not apply to you if you are located in Canada or another jurisdiction outside of the U.S. where its arbitration and class action waiver provisions are prohibited by applicable law or otherwise not enforceable. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.

• The exclusive jurisdiction and venue of any claim not otherwise subject to arbitration under section 18 of the terms will be the state and federal courts located in the State of Wisconsin and each of the parties hereto waives any objection to jurisdiction and venue in such courts; provided, however, that if you are located in a jurisdiction that prohibits the application of Wisconsin law in a consumer contract or prohibits consumer contracts from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence.

 

 

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