1. What Is Judolaunch?
This website (this “Site”) is operated by Judo, Inc. a Delaware corporation with principal offices at 814 Mission Street, San Francisco, CA 94103 (“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 (“you”, “your”, “Customer” or “User”) conditioned upon your acceptance of all terms, conditions, policies and notices herein.
By visiting our Site and/ or purchasing something from Judolaunch, you engage in our “Service” and 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.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, 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 Service.
All new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, amend or replace any part of these Terms of Service by posting updates and/or changes to the Site in a conspicuous manner. It is your responsibility to check the Site periodically for changes, amendments or updates to these Terms. Your continued use of the Site following the posting of any changes, amendments or updates constitutes acceptance of those changes.
“Account Manager” means is the Judolaunch representative responsible for the management of sales and relationships with particular customers.
“Customer Data” means 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 the Service.
“Launch” service means product promotion campaign on Amazon.
“Packaged” services mean the purchase of more than one Product Launch.
“’Rendered’ services,” means services purchased by You that have already commenced or have been completed.
“Site” refers to www.judolaunch.com
3. Your Account and Obligations
Customer shall provide Provider with accurate, current and complete information on 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 and 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.
4. Refund Policy
For all “Launch” services, Judolaunch offers a 24-hour guarantee if the services are not as described while working with an “Account Manager.” If You are unsatisfied with the “Launch” services for quality, or any other reason, you may notify Judolaunch up to 24 hours post-purchase and request a full refund. A partial refund, not to exceed 50% of the purchase price, may be issued for up to 72 hours post purchase where services have not yet been rendered. Refund for “Launch” services is conditional upon You immediately ceasing use of the deliverables for that order. Judolaunch will not offer partial or full refunds if services are rendered.
For all “Rendered” services, You understand that no partial or full refunds are offered once services have commenced. You are encouraged to contact Judolaunch support should you be unsatisfied with the results of any given service for optional revisions.
For all “Packaged” services, you understand that no full refunds are offered once a launch service has been used in any fashion. 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.
A “successful launch delivery” means that the product launched, ranks on page one (1) for the keyword targeted after the launch period is completed which is 14 days from the first day of distribution.
Judolaunch does not provide organic sales as a result of a launch, as that would involve more more factors than disability and keyword rankings alone.
5. Creating and Running a Launch – Your Legal Obligations
You may not use the Services, and may not accept the Terms, if you are under the age of thirteen (13), or you are a person barred from using or receiving the Services under the laws of the United States or any other relevant jurisdiction, including the country you are resident or from which you use or access the Services.
You agree, as a condition of use of the Services, not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or in any manner that could damage, disable, overburden, or impair any Provider server, or the network(s) connected to any Provider server, or interfere with any other party's use and enjoyment of any Service. No user may attempt to gain unauthorized access to any part of the Services, other accounts, computer systems or networks connected to any Provider server or to any part of the Services, through hacking, password mining, or any other means. No User may obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Except as expressly set forth herein, no User may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Services or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the Provider Applications used to provide the Services, or use a robot, spider, or any similar device to copy or catalog the content available through the Services or any portion thereof; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Services' control or security systems, or allow or assist a third party to do so.
During a product Launch, you as a Customer are responsible for (1) creating discount codes in their seller central account and (2) bearing all costs as a direct or indirect result of the launch. While JudoLaunch may advise the Client on best practices to follow for a successful launch, the Client is responsible to make the necessary changes prior to launch in order to give their launch the greatest possibility for a successful outcome.
6. Judolaunch’s Role
Provider expressly warrants that it is the owner or licensee of Provider Applications, including any and all copyrights and trade secrets, and has the right and authority to enter into this Agreement and to license Provider Applications to Customer in accordance with the terms herein as of the Effective Date. For the period beginning on the original date of delivery of the Provider Applications and continuing for thirty (30) days thereafter, Provider expressly warrants that the Subscription Services produced using the Provider Applications will perform substantially in accordance with the written specifications contained in the documentation provided by Provider with the Subscription Services.
Provider will include the following in the customer Launch:
- (1) Launch preparation and recommendation (number of units and keyword to target);
- (2) Launch execution;
- (3) reporting on results
Launches are transactional, upon purchase the agreed upon number of launch credits is added to the Customer account. Determined by Customer subscription, Launch credits are added automatically after the transaction successfully processes charges based on selected service.
7. Fees and Taxes
Prices for our products 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 the Service.
All Fees payable under the applicable Order Form are exclusive of and do not include taxes or duties of any kind. Customer will be responsible for, and will 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 this Agreement or Customer's receipt or use of the Hosted Service, excluding taxes based on Software Provider's gross or net income. If Customer is a tax-exempt organization and is not obligated to pay taxes arising out of this Agreement, Customer will provide Provider with any required documentation to verify its tax-exempt status with the applicable taxing authorities.
8. Our Intellectual Property
You acknowledge and agree that Judolaunch owns all legal right, title and interest in and to the Services, including any intellectual property rights, which subsist in the Services. Nothing in the Terms gives you a right to use any Judolaunch trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices), which may be affixed or contained within or on the Services.
9. Your Intellectual Property
10. Judolaunch’s Rights Concerning User Accounts; Termination
Provider may terminate this Agreement at any time, in whole or in part, for any reason, upon notice to Customer. Customer may terminate this Agreement at any time, in whole or in part, for any reason, provided that Customer shall pay any fees accrued prior to the date of termination, and, in the case of annual contracts billed monthly, an early termination fee equal to three (3) times the monthly fee specified in the applicable Order Form.
In addition, either party may immediately terminate this Agreement and any applicable Order Forms issued hereunder in the event the other party commits a material breach of any provision of this Agreement that is not cured within thirty (30) days of written notice from the non-breaching party. Such notice by the complaining party shall expressly state all of 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 General Counsel of the alleged breaching party at the address that may be provided pursuant to this Agreement (“Notice”). Upon termination or expiration of this Agreement for any reason, Customer shall have no rights to continue use of the Hosted Service. If this Agreement is terminated as a result of Customer's material breach of the Agreement, then Provider shall be entitled to all of the Fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of Provider's material breach of this Agreement, then Customer shall be entitled to a refund of the pro rata portion of any prepaid subscription fees paid by Customer to Provider under this Agreement for the remaining terminated portion of the Term.
11. Payment Services
Judolaunch may offer the Service through a variety of billing methods, which include, but are not limited to, one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). Judolaunch will bill you on the date you subscribe to the Service (“Subscription Date”), and will continue to bill you in accordance with your selected Subscription until you cancel the Service. You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. Fees will be billed to your Payment Method on the 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 your Effective Date began on a day not contained in a given month.
To use the Service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” 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 your subscription fee. 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 service 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.
12. System Outages and Maintenance
Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement 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.
13. Unsolicited Idea Submission
When we refer to a ‘submission’ in this section, 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 (“Unsolicited Idea Submission”).
All such Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; Users should not send confidential or proprietary Unsolicited Idea Submissions to us via the Services or through other means such as email.
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.
Provider shall indemnify and hold harmless Customer and its officers, employees, agents and representatives and defend any action brought against same with respect to any third-party claim, demand or cause of action, including reasonable attorney's fees, to the extent that it is based upon a claim that the Provider Services infringes or violates any United States patents, copyrights, trade secrets, or other proprietary rights of a third party. Customer may, at its own expense, assist in such defense if it so chooses, provided that Provider shall control such defense and all negotiations relating to the settlement of any such claim. Customer shall promptly provide Provider with written notice of any claim which Customer believes falls within the scope of this Section 4. In the event that the Provider Services or any portion thereof is held to constitute an infringement and its use is enjoined, Provider may, at its sole option and expense, (a) modify the infringing Provider Services so that it is non-infringing, (b) procure for Customer the right to continue to use the infringing Provider Services, or (c) replace said Provider Services with suitable, non-infringing software. Notwithstanding the foregoing, Provider will have no obligation for any claims to the extent such claims result from (i) modifications or alterations of the Provider Services made by or for Customer or any other party that were not provided by Provider or authorized by Provider in writing; (ii) use outside the scope of the license granted hereunder, (iii) use of a superseded or previous version of the Provider Services if infringement would have been avoided by the use of a newer version which Provider made available to Customer, or (iv) use of the Provider Services in combination with any other software, hardware, data, or materials not supplied by Provider. This indemnity obligation is subject to the limitation of liability and the other pertinent terms and conditions of this Agreement.
Customer agrees, at its expense, to indemnify, defend and hold harmless Provider, its licensors and their respective directors, officers, employees and agents from and against all demands, liabilities, losses, claims and expenses, including but not limited to attorneys' fees and disbursements, arising out of (i) Customer's or any authorized or unauthorized third party's use of any Hosted Service, (ii) third party claims, actions or allegations of infringement based on information, data or content Customer submitted in connection with any Hosted Service, (iii) any fraud or manipulation, or other breach of this Agreement by Customer, (iv) third party claims, actions or allegations brought against Provider arising out of Customer's use of any Hosted Service or the Provider website, or (v) for any claim whatsoever resulting from Customer 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 medical privacy or electronic privacy laws. Provider reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer.
15. No Warranty
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Results Not Guaranteed. Judolaunch makes no guarantee or representation of any kind concerning the results of your use of the Website or Service. Any testimonials or examples displayed or depicted through Judolaunch’s Website and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon ranking, sales, key word ranking, and/or any other outcome, based on the use of any of the Services offered by us.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
16. Disclaimer Of Liability
In no case shall Judolaunch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.
17. Waiver And Release (CA Residents)
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; and
- Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
18. Legal Disputes Will Be Handled In California.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by, construed and enforced in accordance with the laws of California without regard to its conflict of laws rules, or international law or convention.
19. Dispute Resolution, Arbitration and Class Action Waiver
Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in the county of San Diego, in the State of California, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
20. Full Agreement Between You and Us
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.
If you violate these Terms then we may seek injunctive or other equitable relief.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Amazon is a registered trademark of Amazon.com LLC. Judolaunch has no affiliation, association, endorsement, or sponsorship by Amazon.
No Waiver. Neither Party shall be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized officer of such Party. Such a waiver shall be limited specifically to the extent set forth in said writing. Waiver as to one event shall not be construed as waiver of any right or remedy as it relates to any subsequent event.
Assignment. Neither party may assign this Agreement or any right or obligation hereunder, without the other party's prior written consent. However, Provider may assign this Agreement in the event of a merger or consolidation or the purchase of all or substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Last Updated August 31, 2018