Terms of Service

Last Updated: Oct 11, 2026

Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the website located at https://jest.com (the “Site”), Jest’s app platform and marketplace (the “Platform”), and the services made available through the Site and Platform, including our chat services, text messaging platform, and access to Apps available through the Platform. These Services are offered by Textclub, Inc. doing business as (dba) Jest (“Jest”). To make these Terms easier to read, the Site, the Platform and our services are collectively called the “Services.”

By creating an account, accessing the Platform, or using any of the Services, you agree to be bound by these Terms and by the policies incorporated into them, including our Chat Code of Conduct (see Section 8(j) below). If you do not agree to these Terms, you may not use the Services. By creating an account, you agree to receive transactional messages related to your account (such as login links). Marketing messages under the Text Messaging Program Terms of Service set forth in Section 18 below are sent only if you separately opt in.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND JEST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

Table of Contents

1. Nature of the Platform; Relationship Between Parties
2. Privacy Notice
3. Changes to these Terms or the Services; Communications
4. Who May Use the Services?
5. Feedback
6. Payments, Subscriptions, Transactions, and Jest Credits
7. Your Content
8. General Prohibitions and Jest’s Enforcement Rights
9. DMCA/Copyright Policy
10. Links to Third Party Websites or Resources
11. Termination
12. Warranty Disclaimers
13. Indemnity
14. Limitation of Liability
15. Governing Law and Forum Choice
16. Dispute Resolution
17. General Terms
18. Text Messaging Program Terms of Service

Addendum A: Standard EULA

1. Nature of the Platform; Relationship Between Parties

By using the Services, you acknowledge and agree to the following:

1(a). Terms Always Apply. Jest operates the Platform as a marketplace and distribution service through which you discover, access, and interact with applications, including games and other entertainment experiences (each, an “App”), developed and published by independent third-party developers (“Developers”). Jest hosts, distributes, and administers access to the Apps and operates the Platform through which each App is made available. These Terms always govern your relationship with Jest and your use of the Platform.

1(b). Developer Terms May Apply to the App. Each App is developed and published by its Developer, who is responsible for App-specific content, functionality, intellectual property, operation of the App, user support, and legal compliance relating to the App. Jest hosts, distributes, and administers access to the App and operates the Platform through which the App is made available. If a Developer provides separate terms or policies (a “Developer App EULA”) for an App, that Developer App EULA will govern your use of that App in addition to these Terms. If a Developer does not present a Developer App EULA with an App, then your use of that App is governed solely by the Standard EULA attached as Addendum A to these Terms.

1(c). Jest’s Role. Jest operates the Platform through which users discover, access, and interact with Apps. Jest manages Platform functionality, user accounts, transactions, subscriptions, billing, refunds, chargebacks, fraud prevention, and other services associated with operation of the Platform, and hosts and delivers access to each App on the Platform. Jest does not develop the Apps and does not endorse, warrant, or assume responsibility for App-specific content or a Developer’s acts or omissions with respect to its App. Your access to and use of the Apps is at your own risk. Developers are responsible for App-specific content, gameplay, functionality, intellectual property, and legal compliance, and for user support relating to their Apps. Jest processes and administers Transactions occurring through the Platform. Transactions may be charged by Jest or its payment processors, and Jest administers billing, refunds, chargebacks, fraud review, and transaction settlement relating to the Platform, in accordance with Section 6 and applicable law. We do not verify the ownership or legality of any App content.

2. Privacy Notice

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share personal information.

3. Changes to these Terms or the Services; Communications

We may update the Terms, including any policies incorporated into them (such as the Acceptable Use Policy), from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms or policy on the Site, Platform and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the updates and the revised version of these Terms will supersede prior versions. If you don’t agree to be bound by the updates, you may not use the Services anymore and you may terminate these Terms and the Services on notice to us. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. If you don’t agree to such changes, you should not use the Services anymore and you may terminate these Terms and the Services on notice to us, and you will not receive a refund of amounts paid for any prepaid Subscription Plan except as otherwise provided in the applicable Subscription Plan, Supplemental Subscription Terms, or applicable law.

4. Who May Use the Services?

You may use the Services only if you are at least 18 years of age, and not otherwise barred from using the Services under applicable law. You must provide complete and accurate information in connection with your account and Payment Methods used with the Services, and keep this information current. You must promptly update your account with any changes affecting you.

5. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. Payments, Subscriptions, Transactions, and Jest Credits

6(a). General

Jest enables you to make purchases within an App available through the Platform, or at the Platform level (an “In-App Purchase”), by charging your Payment Method directly. Jest also enables you to subscribe to and pay on a recurring basis for an App through the Platform (an “App Subscription”) or for a subscription offered by Jest through the Platform (a “Platform Subscription”). Each App Subscription and Platform Subscription is a “Subscription” and is governed by a subscription plan that sets forth the applicable Subscription’s scope, term length, and pricing plan (a “Subscription Plan”), and may also be subject to supplemental terms applicable to that Subscription that are presented to you when you subscribe (“Supplemental Subscription Terms”). An In-App Purchase or subscription to a Subscription is referred to in these Terms as a “Transaction.” You may be asked to provide our third-party payment processor with information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). Your full card details are collected and stored by our third-party payment processor, not by Jest; Jest receives only limited information about your Payment Method (such as card type and the last four digits of your card number) and other details needed to process, record, and support your Transaction. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information (a “Payment Method”). When you complete a Transaction, you expressly authorize us to charge your Payment Method, with such payment processed by our third-party payment processor, for the type of Transaction you have selected (plus any applicable Taxes and duties imposed by any governmental authority (“Taxes”)). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you in the applicable Subscription Plan or otherwise. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable Taxes, if any, are payable in United States dollars. All payments to us are subject to verification, fraud screening, chargebacks, refunds, and other adjustments required by applicable law.

Transactions are conducted through the Platform and administered by Jest. Jest may charge users directly for Transactions, administer refunds, resolve billing issues, prevent fraud, and otherwise manage the commercial operation of the Platform.

6(b). Jest Credits.

Your Jest Credits balance may hold promotional credits, rewards, or other promotional value provided by Jest (“Jest Credits”), which may include VIP or loyalty cashback, referral bonuses, acquisition or welcome bonuses, and any other promotional credits, rewards, or benefits that Jest may offer from time to time. Jest Credits are promotional value provided by Jest and do not represent funds deposited by you or any cash, stored value, or monetary balance. Jest Credits may only be used to make In-App Purchases or other purchases through the Platform for which Jest permits use of Jest Credits, and cannot be refunded, redeemed for cash, or transferred to other users, except as required by applicable law. Jest Credits are not redeemable for cash and are forfeited upon closure or termination of your account, except as required by applicable law. While your account is suspended, you may be unable to use your Jest Credits. Jest Credits may be subject to additional eligibility, use, reversal, expiration, or other terms applicable to the program or promotion through which they were awarded, including reversal in connection with refunds, chargebacks, or fraud or abuse.

6(c). Subscriptions.

Subscription Plan Terms. Subscriptions are governed by the terms of the applicable Subscription Plan. If you exceed the entitlement scope in the Subscription Plan, then except as stated otherwise in the Subscription Plan or agreed in writing by the applicable parties, we will charge you pursuant to a separate Transaction for the increased scope of use according to such Subscription Plan.

Changes. Subject to the requirements of applicable law, we may revise the fees and Subscription Plans at any time. We will provide any notice of an increase in fees or other materially adverse change to a Subscription Plan required by applicable law.

Fee Waivers. We may offer a Subscription without charge, or waive a fee for that Subscription, and may start charging a fee for that Subscription upon at least 30 days’ notice (or longer period if applicable law requires) to you. Taxes may still be collected on waived fees.

Free Trials. We may make certain Subscriptions available to you on a trial basis free of charge until (i) the expiration or termination of the free trial, at which point the fees stated for such Subscription Plan will apply, or (ii) the start of any Subscription Plan that you have purchased, at which point that Subscription Plan will automatically commence. Free trials may be subject to additional taxes, terms and conditions, as communicated to you by Jest.

Cancellation. You may cancel a Subscription in the manner described in the applicable Subscription Plan or Supplemental Subscription Terms. Unless otherwise stated in the applicable Subscription Plan or Supplemental Subscription Terms, cancellation will take effect at the end of the then-current paid Subscription period and will prevent the Subscription from renewing.

6(d). Uncollected Amounts.

If Jest is unable to collect any amounts due by you to Jest, then Jest may, to the extent applicable law permits, deduct, recoup or setoff these amounts from any applicable Payment Method authorized by you.

6(e). Currencies.

If the currency of the amount in any Transaction is different from the currency of the amount you owe, Jest may deduct an amount equal to the amount owed (using Jest’s conversion rate), together with the fees Jest incurs in making the conversion.

6(f). Errors.

If Jest credits Jest Credits to your account in error, Jest may reverse or correct that credit. If Jest charges or refunds your Payment Method in error, Jest may correct the error by issuing a refund or, to the extent permitted by applicable law, charging the amount correctly owed.

6(g). Transaction Reconciliation.

As between the parties, and except as otherwise required by applicable law, you are responsible for reviewing your Transaction history for accuracy and completeness and reconciling your Transaction history with the history of transfers from your Payment Method. If you find an error when you reconcile your Transaction history, Jest will reasonably cooperate with you to investigate and help correct that error as long as you notify Jest of the error within 60 days (or longer time period if applicable law requires) after the error appears in your Transaction history. Jest may correct any errors in your Transaction history by crediting or debiting your Jest Credits or Payment Method, as applicable.

6(h). In-App Purchases

Jest administers and records Transactions occurring through the Platform. The applicable Developer is responsible for any virtual items, content, or features made available for use within an App, including: (i) the virtual items, content, or features you receive in connection with your purchase; (ii) the functionality and availability of such items within the App; and (iii) any disputes regarding the nature, quality, or delivery of such items. Jest is responsible for virtual items, content, features, or other digital benefits offered directly by Jest through the Platform.

6(i). No Refunds.

Jest Credits, amounts paid for In-App Purchases, and amounts paid with respect to any Subscription Plan are non-refundable, and Jest Credits are not redeemable for cash, in each case except as required by applicable law. SUBJECT TO APPLICABLE LAW, (I) ONCE A TRANSACTION IS COMPLETED, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO RECEIVE A REFUND AND (II) IF YOU CANCEL YOUR SUBSCRIPTION PLAN BEFORE THE END OF THE APPLICABLE SUBSCRIPTION PLAN, YOU WILL NOT BE ABLE TO RECEIVE A REFUND. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. To request a refund, you can send an email to support@jest.com.

6(j). Jest VIP.

Jest VIP is a Platform Subscription that provides subscribers with the benefits described in the applicable Subscription Plan and the Jest VIP Supplemental Subscription Terms (the “VIP Terms”), which are Supplemental Subscription Terms under these Terms. While your Jest VIP Subscription is active, you may earn Jest Credits on Eligible Purchases (as defined in the VIP Terms) and receive other VIP Benefits, subject to the VIP Terms. Jest Credits earned through Jest VIP are promotional credits provided by Jest and remain subject to the restrictions applicable to Jest Credits under these Terms, including that they are not redeemable for cash and may be reversed or forfeited as provided in the VIP Terms. Your Jest VIP Subscription, including its pricing, billing period, renewal terms, and cancellation method, is governed by the applicable Subscription Plan, the VIP Terms, and these Terms. If the VIP Terms conflict with these Terms with respect to Jest VIP, the VIP Terms control.

7. Your Content

7(a). Posting Content

Our Services may allow you to store or share content including text (in posts or communications with others), graphics, and images. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. User Content includes Platform-level content (such as your username, avatar, badges, achievements, or profile details) and content you generate through Platform social features (such as chat messages, posts, or shared links).

Jest does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. Users may also upload content to the applicable App. All App-related content is governed by the Developer App EULA. Any capture, download, sharing, or other use of App-related content, including through functionality made available by the Services, remains subject to the applicable Developer App EULA and any applicable third-party rights. Subject to the foregoing, you may use any screenshot, capture, or sharing functionality that Jest makes available through the Services to capture images or video of an App and to share them through the Services or elsewhere for your personal, non-commercial use. We do not develop, own, control, or endorse any Apps and make no representations or warranties regarding the functionality, quality, legality, safety, or suitability of any Apps or the content of such Apps.

7(b). Permissions to Your User Content

By making any User Content available through the Services you hereby grant to Jest a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving, and providing the Services.

7(c). Your Responsibility for User Content

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license to use your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Jest on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7(d). Jest’s Intellectual Property

We may make available through the Services content that is subject to intellectual property rights. As between you and Jest, we retain all rights to that content.

8. General Prohibitions and Jest’s Enforcement Rights

You agree not to do any of the following:

8(a). Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

8(b). Use, display, mirror or frame the Services or any individual element within the Services, Jest’s name, any Jest trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Jest’s express written consent;

8(c). Access, tamper with, or use non-public areas of the Services, Jest’s computer systems, or the technical delivery systems of Jest’s providers;

8(d). Attempt to probe, scan or test the vulnerability of any Jest system or network or breach any security or authentication measures;

8(e). Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Jest or other generally available third-party web browsers;

8(f). Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

8(g). Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

8(h). Violate any applicable law or regulation; or

8(i). Encourage or enable any other individual to do any of the foregoing.

Jest is not obligated to monitor access to or use of the Services or to review or edit any User Content or any Apps. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We may use automated systems to review User Content, including chat messages, for compliance with these Terms and the Chat Code of Conduct. Where content or conduct violates these Terms or the Chat Code of Conduct, we may remove the content, restrict your access to or visibility within our chat services, suspend or terminate your account, or take any combination of these actions. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8(j). Chat Code of Conduct. Your use of Jest’s chat services is additionally governed by the Chat Code of Conduct, available here, which is incorporated into these Terms by reference. The Chat Code of Conduct supplements these Terms; where the Chat Code of Conduct and these Terms conflict, these Terms control. We may update the Chat Code of Conduct from time to time in the manner described in Section 3.

9. DMCA/Copyright Policy

Jest respects copyright law and expects its users to do the same. It is Jest’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Jest’s Copyright and IP Policy here, for further information.

10. Links to Third Party Websites or Resources

The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

The Services may include advertisements, sponsored content, and other promotional placements, including placements delivered to you within the Site, the Platform, and Apps (collectively, “Advertising”). Advertising is provided by Jest, including on behalf of Developers promoting their own Apps that are available through the Platform. Each Developer is responsible for its Advertising content and for the App it promotes, and Jest does not endorse, warrant, or assume responsibility for any App or content promoted through Advertising.

11. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by contacting us at support@jest.com (we may ask you to verify that you control the phone number associated with your account). Termination or suspension of your account may result in the termination or suspension of your Subscriptions and your ability to use Jest Credits. The treatment of Jest Credits following termination may be governed by the terms of the applicable program or promotion through which those Jest Credits were awarded. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7(b), 7(c), 7(d), 8, 11, 12, 13, 14, 15, 16, and 17.

12. Warranty Disclaimers

AS BETWEEN YOU AND JEST, THE SERVICES AND EACH APP ACCESSED THROUGH THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services, including any App or content provided by the Developer. All warranties, if any, relating to an App are the sole responsibility of the Developer. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity

You will indemnify and hold Jest and its affiliates, and their respective officers, directors, employees, agents, and licensors, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER JEST NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JEST OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JEST’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS ACTUALLY PAID BY YOU TO JEST FOR PLATFORM SUBSCRIPTIONS AND FOR VIRTUAL ITEMS, CONTENT, FEATURES, OR OTHER DIGITAL BENEFITS OFFERED DIRECTLY BY JEST THROUGH THE PLATFORM (EXCLUDING AMOUNTS COLLECTED BY JEST AND REMITTED, OR PAYABLE TO, A DEVELOPER FOR ITS APP OR APP CONTENT) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (II) ONE HUNDRED DOLLARS $100.00.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JEST AND YOU.

15. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Jest are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Jest each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution

16(a). Mandatory Arbitration of Disputes

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Jest agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Jest are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

16(b). Exceptions

As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

16(c). Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

16(d). Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

16(e). Injunctive and Declaratory Relief

Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

16(f). Class Action Waiver

YOU AND JEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

16(g). Severability

With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. General Terms

17(a). Reservation of Rights

Jest and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

17(b). Entire Agreement

These Terms, together with the Privacy Notice, the Copyright and IP Policy, the Chat Code of Conduct, the Acceptable Use Policy, the Jest VIP Supplemental Subscription Terms, any other Supplemental Subscription Terms applicable to a Subscription you purchase and any other policy expressly incorporated into these Terms by reference, constitute the entire and exclusive understanding and agreement between Jest and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Jest and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Jest’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Jest may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

17(c). Notices

Any notices or other communications provided by Jest under these Terms may be given by posting them to the Services, including through an in-app notification or banner, and, at Jest’s option, by text message or email. Notices are deemed received on the date they are posted or sent.

17(d). Waiver of Rights

Jest’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jest. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

17(e). Contact Information

If you have any questions about these Terms or the Services, please contact Jest at terms@jest.com.

18. Text Messaging Program Terms of Service

18(a). The Services also include the Jest Text Messaging Program (the "Program") that provides updates about Jest including, but not limited to, the Platform and Apps that you engage with. By opting in, you agree to receive SMS or RCS messages from us at the number provided, depending on your device and carrier.

18(b). You can cancel the Program at any time by texting "STOP" to our number. After you send "STOP", we will send a confirmation message, and you will no longer receive messages from us. To re-join the Program after opting out, text START or complete the original sign-up flow.

18(c). If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@jest.com.

18(d). Carriers are not liable for delayed or undelivered messages.

18(e). As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. Messages may be sent using an automatic telephone dialing system, an automated system, or other technology. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

18(f). We maintain records of your consent to receive text messages in accordance with applicable law.

18(g). If you have any questions regarding privacy, please read our Privacy Notice (“Privacy Notice”).

ADDENDUM A

STANDARD EULA

The Apps available via the Services are made available to you through the Jest Platform and are licensed, not sold, to you. Your access to and use of each App is provided through the Platform and is conditioned on your continued access to the Platform in accordance with the Jest Terms of Service. Your license to each App is subject to your prior acceptance of this End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each App that you license via the Platform, unless that App is covered by a valid end user license agreement between you and the applicable Developer, in which case the terms of that separate end user license agreement will govern. Jest is not a party to this Standard EULA and expressly disclaims any liability with respect to this Standard EULA or any Apps.

Developer grants you a limited, nontransferable license to access and use the App via the Platform. Subject to applicable law, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App or copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof, provided that you may take screenshots or capture images or video of the App to the extent expressly permitted by the Jest Terms of Service.

You agree that Developer may collect and use technical data and related information—including, but not limited to, technical information about your device that is gathered periodically to facilitate the provision of software and other services to you (if any) related to the App. Developer may use this information to provide services or technologies to you and to improve its products.

The license is effective until terminated by you or Developer. Your rights under this license will terminate automatically without notice from the Developer if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the App and destroy all copies, full or partial, of the App.

You agree that the App contains proprietary content, information and material that is owned by Developer and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way except for permitted use of the App.

Subject to applicable law, Developer reserves the right to change, suspend, remove, or disable access to any App at any time without notice. In addition, and independently of the Developer, Jest may, in accordance with the Jest Terms of Service, suspend, remove, distribute, or cease offering any App through the Platform, and control the availability of and access to any App on the Platform, at any time and without notice.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DEVELOPER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Developer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You may not use or otherwise export or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.