What Is Judolaunch?
This website (this “Site”) is operated by Judo, Inc. a Delaware corporation at the address stated below (“Judolaunch”, “we”, “us”, “Provider” and “our”). Judolaunch hereby offers this Site, including all information, tools and services available from this Site to each user of the Site conditioned upon your acceptance of all terms, conditions, policies and notices herein. We provide website features and other products and services to you (“you”, “your”, “Customer” or “User”) when you visit us at Judolaunch.com or use Judolaunch products or services or use software provided by Judolaunch in connection with any of the foregoing (collectively, "Judolanch Services" or "Services"). The term "Judolaunch Services" or "Services" also refers to the Judolaunch Software. Judolaunch provides the Judolaunch Services subject to the following conditions.
By using or visiting our Site and/ or purchasing something from Judolaunch or subscribing to use any of the Services we may offer from time-to-time, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). These Terms of Service apply to all Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By using Judolanch Services, you agree to these conditions. Please read them carefully. Please read these Terms of Service carefully before accessing or using our Site or any Services. By accessing or using any part of the Site or any Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you shall not access the Site or use our Services.
We may offer a variety of services and sometimes additional terms may apply. You also will be subject to the guidelines, terms and agreements applicable to these additional terms ("Additional Terms"). If these Terms of Service are inconsistent with the Additional Terms, those Additional Terms will apply. All new features, tools and services that we may offer from time-to-time shall also be subject to these Terms of Service.
When you use Judolaunch Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Services or any message center we may operate, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Judolaunch or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Judolaunch Service is the exclusive property of Judolaunch and protected by U.S. and international copyright laws.
"Judolaunch" is a trademark of Judo, Inc. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Judolaunch Service are trademarks or trade dress of Judolaunch in the U.S. and other countries. Judolaunch's trademarks and trade dress may not be used in connection with any product or service that is not Judolaunch's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Judolaunch. All other trademarks not owned by Judolaunch that appear in any Judolaunch Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Judolaunch.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Service and any Additional Terms, and your payment of any applicable fees, Judolaunch or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Judolaunch Services. This license does not include the right to resell any Judolaunch Service, or any of the contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Judolaunch Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service or any Additional Terms are reserved and retained by Judolaunch or its licensors, suppliers, publishers, rightsholders, or other content providers. No Judolaunch Service, nor any part of any Judolaunch Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Judolaunch. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Judolaunch without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Judolaunch's name or trademarks without our written consent. You may not misuse the Judolaunch Services. You may use the Judolaunch Services only as permitted by law. The licenses granted by Judolaunch terminate if you do not comply with these Terms of Service or any Additional Terms.
YOUR ACCOUNT & YOUR RESPONSIBILITIES
You shall provide Judolaunch with accurate, current and complete information regarding Customer's legal business name, address, e-mail address, and phone number, and throughout the Term maintain and promptly update this information if it should change.
You agree that you are solely responsible for, and Judolaunch has no responsibility to you or any third party for, any breach of your obligations under the Terms of Service. You are also responsible for the consequences (including any loss or damage which Judolaunch may suffer) of any such breach.
You have the sole responsibility for defining and maintaining Your business objectives and requirements that will guide your use of the Services; training your users generally in the use of the Services; and administering the Services generally for your own internal business purposes.
You will need your own Judolaunch account to use the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Judolaunch may offer the Services through a variety of billing methods, which include, but are not limited to, one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). Unless otherwise provided in an agreement between You and Judolaunch, we will bill you on the date you subscribe to the Services (“Subscription Date”), and will continue to bill you in accordance with your selected Subscription until you cancel the Services. You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal unless otherwise provided in any purchase order or written agreement between You and Judolaunch. Fees typically shall be billed to your payment method on the business calendar day corresponding to the Subscription Date. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your payment method has not successfully settled or if the effective date of your subscription began on a day not contained in a given month or is not a business day.
To use the Service you must provide one or more payment methods. You can update your payment methods by going to the “account” or similar page of our website. Following any update, you authorize us to continue to charge the applicable payment method(s). You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of the fees you owe. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees relating to the processing of your payment method. Check with your payment method service provider for details.
We may terminate your use of the Services at any time, in whole or in part, for any reason, upon notice to you. You may terminate your arrangement with us at any time, in whole or in part, for any reason; you shall continue to be responsible to pay any fees accrued prior to the date of termination, and shall also be responsible for any un-remaining term of your agreement and additional fees/penalties if so provided in any purchase order or written agreement between You and Judolaunch.
In addition, either party may immediately terminate your arrangement with us and any applicable purchase order or written agreement between You and Judolaunch if the other party commits a material breach of any provision of the purchase order or written agreement between You and Judolaunch that is not cured within thirty (30) days of written notice from the non-breaching party. Such notice (“Notice”) by the complaining party shall expressly state the reasons for the claimed material breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach and shall be sent to the attorney or other authorized representative of the alleged breaching party at that party's address. Upon termination or expiration of the purchase order or written agreement between You and Judolaunch for any reason, Customer shall have no rights to continue use of the Services. If the purchase order or contract is terminated as a result of your material breach, then we shall be entitled to all of the Fees due for the entire term of the purchase order or contract. If the purchase order or written agreement between You and Judolaunch is terminated as a result of our material breach of this Agreement, then you shall be entitled to a refund of the pro rata portion of any prepaid subscription fees paid by you to us under the purchase order or written agreement between You and Judolaunch for the remaining terminated portion of the term.
Our Responsibilities in connection with a Customer Launch; Refunds
We will include the following in the customer Launch:
- launch preparation and recommendation (number of units and keyword to target);
- launch execution;
- reporting on results
Launches are transactional and are limited to the purchase the agreed-on number of launch credits added to your account. Launch credits are added automatically after the successfully processing of charges related to the services you have selected. Contact our customer support team or your account executive if you have any questions in this regard.
During a product Launch, you as a Customer are responsible for (1) creating discount codes in the website’s seller central account and (2) bearing all costs as a direct or indirect result of the launch. While Judolaunch may advise you on best practices to follow for a successful launch, you are responsible to make the necessary changes prior to launch in order to give their launch the greatest possibility for a successful outcome.
For all product promotion campaigns on Amazon or other web site ("Launch Services"), Judolaunch offers a 24-hour guarantee if the services are not as described in written materials provided to you. If you are unsatisfied with the quality of the Launch Services, you may notify your account manager at Judolaunch up to 24 hours post-purchase and request a full refund. A partial refund (not exceeding 50% of the purchase price) may be issued for up to 72 hours post-purchase. Refund for Launch Services is conditioned on you immediately ceasing use of the deliverables or Launch Service for which you seek a refund. Judolaunch will not offer partial or full refunds beyond those stated herein or if you continue to use the deliverables or Launch Service for which you seek a refund.
If you have purchased Launch Services with respect to more than one product. in the event of an unused launch, Judolaunch will honor partial refunds for the unused launch(es) remaining in the “Packaged” services should you be unsatisfied with the results of the used launches. You understand that any refund for any “Packaged” service’s unused launches shall reflect the difference of the “Packaged” service purchase price and the price of the used launches at their original, non-discounted, rate at the time of purchase as if the launches were purchased individually.
Judolaunch does not provide organic sales as a result of a launch, as that would involve more factors than disability and keyword rankings alone.
No partial or full refunds are offered beyond any refunds other than those stated above. You are encouraged to contact the Judolaunch support team should you be unsatisfied with the results of any given Service.
Special Advisory regarding Product Launches
The Company has become aware that the accounts of some Amazon Sellers have been suspended by Amazon following the Seller deploying a launch campaign to promote products on Amazon.
Based on information currently available to the Company it appears that the account suspensions are occurring because of the combination of a launch campaign with other actions and marketing activities performed by the Seller. The Company is investigating the reason for these account suspensions.
In the meantime, the Company wants You to know that these account suspensions are occurring and to advise you of the risk that Your account could be suspended.
By using the Company’s Launch Service, You acknowledge that:
- You understand there is a risk that one or more of your Amazon accounts could be suspended in connection with You using the Company’s launch service
- The Company has no liability to You for any damages or for any loss of income, business, sales, profits, interruption of business or any other losses or damage should Your account be suspended
- You agree to hold the Company harmless should any such damages or losses occur
FEES AND TAXES
Prices for our Services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Service. All fees payable under the applicable purchase order are exclusive of and do not include taxes or duties of any kind. You shall be responsible for, and shall promptly pay all taxes and duties of any kind, including, but not limited to, any applicable sales tax, use tax, and value added taxes (VAT) or other similar taxes, if any, associated with your use of any Services, excluding taxes based on our gross or net income. If you are a tax-exempt organization and are not required to pay taxes arising out of your use of any Services you shall provide us with any required documentation to verify your tax-exempt status with the applicable taxing authorities.
SYSTEM OUTAGES AND MAINTENANCE
We shall not be liable for any failure of or delay in the performance of the Services for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event. Other limitations may apply as stated in the Terms of Service from time-to-time.
UNSOLICITED IDEA SUBMISSION
When we refer to a ‘submission,’ we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, and suggested changes) sent to us via the Site or any other manner about an existing product or service on, or a feature of, or a proposed addition to, the Judolaunch platform or Services (“Unsolicited Idea Submission”). All such Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; you should not send confidential or proprietary Unsolicited Idea Submissions to us via the Services, through email, or through other means.
By submitting an Unsolicited Idea Submission, you hereby grant Judolaunch a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicense-friendly and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea Submission in connection with the Services, and for Judolaunch's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to the User providing the Unsolicited Idea Submission or others.
While we appreciate your ideas, we are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.
You agree, at your expense, to indemnify, defend and hold us harmless, our licensors and our and their respective directors, officers, employees andJ agents from and against all demands, liabilities, losses, claims and expenses, including but not limited to attorneys' fees and disbursements, arising out of (i) your use or any authorized or unauthorized third party's use of any Services, (ii) third party claims, actions or allegations of infringement based on information, data or content You submitted in connection with use of any Services, (iii) any fraud or manipulation, or other breach of the purchase order or written agreement between you and Judolaunch, (iv) third party claims, actions or allegations brought against Judolaunch arising out of your use of any Services or our website, or (v) for any claim whatsoever resulting from your or its affiliates', employees', contractors' or agents' breach of the Children's Online Privacy Protection Act (COPPA) or the Health Insurance Portability and Accountability Act (HIPAA) or any other state or federal law, including those relating to privacy or electronic privacy. We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
SANCTIONS AND EXPORT POLICY
You may not use any Judolaunch Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Judolaunch Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Judolaunch Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time-to-time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice or liability to you.
We make no guarantee or representation of any kind concerning the results of your use of the Site or Service. Any testimonials or examples displayed or depicted through the Site and/or the Service are only examples of what might be possible. There can be no assurance as to any particular outcome, including increased income, or site ranking on Amazon or elsewhere, sales, key word ranking, and/or any other outcome, based on the use of any of the Services offered by us.
THE JUDOLAUNCH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JUDOLAUNCH SERVICES ARE PROVIDED BY JUDOLAUNCH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JUDOLAUNCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE JUDOLAUNCH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JUDOLAUNCH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE JUDOLAUNCH SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, JUDOLAUNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT. JUDOLAUNCH DOES NOT WARRANT THAT THE JUDOLAUNCH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JUDOLAUNCH SERVICES, JUDOLAUNCH'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM JUDOLAUNCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, JUDOLAUNCH SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE JUDOLAUNCH SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY JUDOLAUNCH SERVICE., INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WAIVER AND RELEASE (CA RESIDENTS ONLY)
Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted). Your data controller duties include:
- Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
- Managing and reporting security incidents;
- Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;
- Maintaining records of your data processing activities;
- Conducting any required data protection impact assessments;
- Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
Any dispute or claim relating in any way to your use of any Judolaunch Service, or to any products or services sold or distributed by Judolaunch or through Judolaunch.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and is to follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Each of you and we shall be responsible for payment of our own arbitration fees and expenses, unless the arbitrator determines the claims are frivolous in which case we will seek to be reimbursed for our fees and expenses. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Exclusive venue for this arbitration or any other dispute or controversy you or we have arising under or in connection with these Terms shall be held in New York County, New York.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Judolaunch Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Judolaunch.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to the Site, policies, Additional Terms, and these Terms of Service at any time.
ADDITIONAL JUDOLAUNCH SERVICES TERMS
The following terms also apply to your use of the Services or Software (including any updates or upgrades to the Software or Services) and any related documentation we make available to you in connection with use of the Software or Services.
- Use of the Judolaunch Software/Services. You may use the Software and Services solely for purposes of enabling you to use the Judolaunch Services as provided by Judolaunch, and as permitted by these Terms of Service and any Additional Terms. You may not incorporate any portion of our Software or the Services into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Services in whole or in part. All software used in any Services is the property of Judolaunch or its software suppliers and is protected by United States and international copyright laws.
- Updates. We may offer automatic or manual updates to the Software or Services at any time and without notice to you.
As between us and you, all title and intellectual property rights in and to the information, data, and other content, in any form or medium, including your billing and other personal information, that is submitted, posted, or otherwise transmitted by you, or a third party on your behalf, through or in connection with your use of the Software or Services ("Customer Data") is owned exclusively by you. We have the right to access and use Customer Data for purposes of providing the Services. We also have the right to analyze the Customer Data and aggregate the Customer Data with data of other Company customers, and you grant us a non-exclusive, fully-paid, right and license to sell, license, or otherwise transfer for value the Customer Data in de-identified form in a manner that does not reveal your personally identifiable information.
OUR INTELLECTUAL PROPERTY
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service (and the Services Agreement, if applicable) constitutes the entire agreement and understanding between you and us and governs your use of the Software and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Last Updated May 20, 2019