Jonamo Terms of Service

Effective Date: May 12, 2025

Welcome to Jonamo! These Terms of Service ("Terms") govern your access to and use of Jonamo’s websites, applications, and services (collectively, the "Services") provided by Jonamo (Pty) Ltd ("Jonamo," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Services.

  1. Acceptance of Terms

By registering for an account, accessing, or using the Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

  1. Description of Services

Jonamo provides a platform that enables our clients to collect, manage, and process data from their users, including personal details such as names, contact information, or transaction records, as determined by the client’s needs. We act as a data processor (under GDPR) or operator (under POPIA), processing data solely on behalf of our clients, who act as data controllers or responsible parties. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

  1. User Accounts and Responsibilities

3.1 Account Creation To access certain features of the Services, you may need to create an account by providing accurate and complete information, such as your name, email address, and other details as required. You agree to keep your account information up to date.

3.2 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@jonamo.io if you suspect any unauthorized access to your account.

3.3 User Conduct You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Services to engage in any illegal or unauthorized activity.

  • Attempt to gain unauthorized access to any part of the Services or related systems.

  • Post or transmit harmful, offensive, or infringing content.

  • Interfere with or disrupt the Services, including through viruses or other malicious code.

3.4 Client Responsibilities If you are a client using Jonamo to collect or process user data, you are responsible for:

  • Determining the types of data collected and the purposes for which it is used, ensuring compliance with all applicable data protection laws, including POPIA and GDPR.

  • Establishing the legal basis for data processing (e.g., consent, legal obligation, or legitimate interest).

  • Maintaining your own privacy policies and obtaining necessary consents from your users.

  • Ensuring data retention periods comply with legal and operational requirements.

  1. Intellectual Property

4.1 Jonamo’s Ownership All content, software, designs, trademarks, and other intellectual property associated with the Services are owned by Jonamo or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal or internal business purposes, subject to these Terms.

4.2 User Content If you upload, post, or otherwise provide content through the Services ("User Content"), you grant Jonamo a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display such content as necessary to provide and improve the Services on behalf of our clients. You represent that you have all necessary rights to provide User Content and that it does not violate any third-party rights or applicable laws.

  1. Privacy and Data Processing

5.1 Privacy Policy Your use of the Services is subject to our Privacy and Cookie Policy, available at https://jonamo.io/Account/PrivacyPolicy.aspx. The Privacy and Cookie Policy outlines how we collect, use, and protect personal information, including our role as a data processor acting on behalf of clients. By using the Services, you consent to the practices described in the Privacy and Cookie Policy.

5.2 Data Processing Jonamo processes data solely as directed by our clients, who determine the purpose and scope of data collection. We implement industry-standard security measures, such as encryption and access controls, to protect all data processed through our platform. Clients are responsible for ensuring their data processing activities comply with applicable laws, including obtaining user consents and managing data subject rights (e.g., access, correction, deletion).

5.3 International Data Transfers Data processed through the Services may be transferred to countries outside your jurisdiction, including the United States. Jonamo ensures appropriate safeguards, such as Standard Contractual Clauses (SCCs), are in place to protect data during such transfers, as required by laws like GDPR.

  1. Third-Party Links and Services

The Services may include links to third-party websites, applications, or services ("Third-Party Services"). Jonamo is not responsible for the content, privacy practices, or performance of Third-Party Services. You access Third-Party Services at your own risk and should review their terms and privacy policies.

  1. Payments and Subscriptions

7.1 Fees Certain features of the Services may require payment meanwhile all fees are non-refundable unless otherwise stated. You agree to provide accurate payment information and authorize Jonamo to charge applicable fees.

7.2 Subscriptions If you subscribe to a paid plan, your subscription will automatically renew until canceled. You may cancel your subscription through your account settings or by contacting us at support@jonamo.io. No refunds will be provided for partial subscription periods.

  1. Termination

8.1 By You You may stop using the Services at any time and may delete your account by contacting us at support@jonamo.io.

8.2 By Jonamo We may suspend or terminate your access to the Services at our discretion, with or without notice, if you violate these Terms, engage in unlawful activity, or for any other reason we deem appropriate.

8.3 Effect of Termination Upon termination, your right to access the Services will cease, and we may delete your account data, subject to applicable law, client instructions, and our Privacy and Cookie Policy.

  1. Disclaimers and Limitation of Liability

9.1 Disclaimers The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Jonamo does not guarantee that the Services will be uninterrupted, error-free, or secure.

9.2 Limitation of Liability To the maximum extent permitted by law, Jonamo and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising from your use of the Services. Our total liability for any claim related to the Services will not exceed the amount you paid to us in the 12 months preceding the claim.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Jonamo and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

  1. Governing Law and Dispute Resolution

These Terms are governed by the laws of South Africa, without regard to its conflict of laws principles. Any disputes arising from these Terms or the Services will be resolved through binding arbitration in Cape Town, South Africa, administered by the Arbitration Foundation of Southern Africa (AFSA) under its Commercial Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.

  1. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or through the Services. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

  1. Miscellaneous

13.1 Entire Agreement These Terms, together with the Privacy and Cookie Policy, constitute the entire agreement between you and Jonamo regarding the Services.

13.2 Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 No Waiver Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13.4 Assignment You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

  1. Contact Us

If you have any questions about these Terms, please contact us at: Jonamo Email: support@jonamo.io