Terms & Conditions
Last updated · July 2, 2026
"MAKRI LLC d/b/a JOTMILL LLC” TERMS OF SERVICE
Effective Date: 27 June 2026
Operator: MAKRI LLC d/b/a JOTMILL LLC, a Texas limited liability company (together with its owners, members, managers, affiliates, successors, and assigns, "JOTMILL LLC", "JOTMILL","we", "us", or "our").
Platform: JotMill — a global, crowd-sourced media and content platform available at www.jotmill.com and through related mobile applications (collectively, the "Platform" or the "Service") that connects creators, readers and subscribers, and advertisers across multiple media formats.
IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service (the "Terms") form a legally binding agreement between you and JotMill and govern your access to and use of the Platform. BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM. These Terms contain provisions that limit our liability, disclaim warranties, require resolution of disputes exclusively in the courts of the State of Texas, and WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Please review Clauses 19, 20, 21, and 22 carefully.
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1. Definitions and Interpretation
1.1. In these Terms, the following defined terms have the meanings set out below:
"Account" means a registered user account on the Platform.
"Advertiser" means any User or other person that creates, schedules, pays for, bids for, places, or runs advertising, ad slots, banners, polls, surveys, sponsored content, or campaigns on or through the Platform.
"Ad Slot" means a placement made available by a Creator within that Creator's Content (including within audio, video, or written Content) into which an advertisement may be incorporated.
"Campaign" means an advertising campaign created by an Advertiser on the Platform, which Creators may bid on or accept, as further described in Clause 15.
"Content" means any text, stories, blogs, newsletters, articles, posts, cartoons, posters, micro-dramas, videos, episodes, series, audio, podcasts, images, photographs, links, profile information, location data, advertisements, and any other material in any media or format.
"Creator" means a User who creates, uploads, publishes, or monetizes Content on the Platform, including by offering Ad Slots within that Content.
"Effective Date" means 27 June 2026.
"Intellectual Property Rights" means all patents, copyrights, database rights, trademarks, trade names, service marks, design rights, moral rights, rights in confidential information, and all other intellectual property and proprietary rights, whether registered or unregistered, anywhere in the world.
"Payment Provider" means Stripe, the third-party payment provider and processor used in connection with the Platform to process payments and to operate the Temporary Hold Account, as further described in Clause 15. Stripe is an independent third party and is governed by its own terms of service and privacy policy.
"Platform Commission" means the commission that JotMill deducts from amounts payable to a Creator, which varies by Content format, as further described in Clause 15.
"Privacy Policy" means JotMill's standalone privacy policy, as amended from time to time, which is incorporated into these Terms by reference.
"Cookies Policy" means JotMill's standalone cookies policy, as amended from time to time, which is incorporated into these Terms by reference.
"Refund Policy" means JotMill's standalone refund policy, as amended from time to time, which is incorporated into these Terms by reference.
"Reader" or "Subscriber" means a User who accesses, reads, views, listens to, follows, or subscribes to Content or Creators on the Platform.
"Temporary Hold Account" means the account operated and controlled by the Payment Provider in which finalised Ad Slot and Campaign funds are held pending automatic release, as described in Clause 15. The Temporary Hold Account does not belong to JotMill, and JotMill is not a party to it.
"User", "you", or "your" means any person who accesses, registers for, or uses the Platform, including Creators, Readers, Subscribers, and Advertisers.
"User Content" means any Content that is submitted, posted, uploaded, created, transmitted, or otherwise made available on or through the Platform by a User.
1.2. In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the words "include", "including", and "in particular" are illustrative and do not limit the generality of the preceding words; (c) the singular includes the plural and vice versa; and (d) a reference to a Clause is to a clause of these Terms.
2. Acceptance of the Terms
2.1. These Terms, together with the Privacy Policy, the Cookies Policy, the Refund Policy, and any policies, rules, or guidelines that we publish on the Platform, constitute the entire agreement between you and JotMill relating to the Platform.
2.2. You accept these Terms by accessing, registering for, or using the Platform. Your continued access to or use of the Platform constitutes your ongoing acceptance of these Terms. Acceptance is by use and clickwrap; no signature is required.
2.3. If you use the Platform on behalf of an organisation, you represent and warrant that you have authority to bind that organisation, and "you" refers to both you individually and that organisation.
3. Changes to the Terms
3.1. We may modify, update, supplement, or replace these Terms at any time and in our sole discretion. Revised Terms become effective when posted on the Platform or on the date stated in the revised Terms.
3.2. It is your responsibility to review these Terms periodically. Your continued access to or use of the Platform after any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.
4. Eligibility and Age Restriction (18+)
4.1. The Platform is intended solely for adults aged 18 years or older. By accessing or using the Platform, you represent and warrant that you are at least 18 years of age and have the full legal capacity and authority to enter into and comply with these Terms in your jurisdiction.
4.2. The Platform is available to Users globally. You are solely responsible for compliance with all laws, regulations, and rules applicable to you in your jurisdiction, including those governing your access to and use of the Platform.
4.3. We do not knowingly permit any person under the age of 18 to access or use the Platform. If we become aware that a User is under 18, we may suspend or terminate that User's Account and remove associated Content without notice.
4.4. The Platform is not directed to children, and we do not knowingly collect personal information from any person under the age of 13 (or any higher age of digital consent that applies in the User's jurisdiction). Consistent with the U.S. Children's Online Privacy Protection Act (COPPA) and the Privacy Policy, if we become aware or are notified that a User is under 13 (or under the applicable minimum age), we will, as a mandatory matter, promptly delete that User's Account and all associated personal information and Content in our control. A parent or legal guardian who believes that a person under 13 has provided personal information may report this through the "Help & Support" menu so that we can effect deletion; the parental-report and deletion mechanism is further described in the Privacy Policy.
5. Accounts and Registration
5.1. To access certain features, you must register for an Account using a valid email address and password, complete email verification, and satisfy any anti-bot verification (such as a CAPTCHA challenge) and, where applicable, two-factor authentication.
5.2. Becoming a Creator, monetising Content, participating as an Advertiser, or receiving payouts may require identity verification and the creation of a payment account through the Payment Provider or another third-party identity-verification or payment provider. You consent to such verification and acknowledge that JotMill is not responsible for the acts, omissions, or processing of any third-party provider.
5.3. You are solely responsible for: (a) maintaining the confidentiality and security of your Account credentials; (b) all activity that occurs under your Account; and (c) all Content posted from your Account. You must notify us promptly of any unauthorised use of your Account.
5.4. You agree to provide accurate, current, and complete information and to keep it updated. We may refuse, suspend, or terminate registration or an Account at our sole discretion.
6. Description of the Service
6.1. The Platform is a global, crowd-sourced media and content platform that allows Creators to create, upload, publish, distribute, and monetise Content across multiple media formats — including text, stories, blogs, newsletters, articles, posts, cartoons, posters, micro-dramas, videos, episodes, series, audio, and podcasts — and allows Readers and Subscribers to discover, read, view, listen to, follow, and subscribe to that Content, and allows Advertisers to advertise within Creator Content as described in Clauses 15 and 16.
6.2. Content is created and contributed by Users. Creators determine the Content they publish, and Readers and Subscribers interact with that Content. Content and the names of contributors may be publicly visible on the Platform.
6.3. The Platform supports multiple countries and languages. Users may select global visibility or country-specific visibility, and content visibility, ranking, posting eligibility, monetisation eligibility, and feature availability may vary by country, category, format, subscription level, and verification status.
6.4. We may add, modify, suspend, or discontinue any feature, category, format, Content, monetisation option, or part of the Platform at any time, in our sole discretion, without liability to you.
6.5. JotMill does not create, endorse, verify, or guarantee the accuracy, reliability, legality, or quality of any User Content. The Platform operates as a neutral, automated venue for the creation, exchange, and distribution of User Content.
6.6. Any aggregate metric, ranking, view count, listen count, follower count, "top", "trending", or "popular" designation, badge, or other compiled or computed metric displayed on the Platform is generated automatically from User Content and User activity for general informational purposes only. JotMill does not verify, endorse, or guarantee the accuracy, completeness, methodology, or reliability of any such metric, which may be affected by the volume, timing, and nature of User Content and activity and does not constitute a statement of fact by JotMill. Rankings and aggregated metrics may change at any time and are provided without warranty under Clause 19.
7. User-Generated Content and User Responsibility
7.1. You are solely and exclusively responsible for all User Content that you submit, post, upload, create, transmit, publish, distribute, or otherwise make available on or through the Platform, and for all consequences of doing so. This includes all text, stories, blogs, newsletters, cartoons, posters, micro-dramas, videos, episodes, series, audio, podcasts, images, links, and advertisements in any format.
7.2. You represent and warrant that, for all User Content you make available: (a) you own or have all necessary rights, licences, consents, and permissions to make it available and to grant the licences in Clause 9; (b) it does not and will not infringe, misappropriate, or violate any third party's Intellectual Property Rights, privacy, publicity, or other rights; (c) it is not unlawful, defamatory, harassing, abusive, fraudulent, obscene, hateful, threatening, or otherwise objectionable; and (d) it complies with these Terms and all applicable laws.
7.3. User Content does not reflect the views of JotMill. JotMill does not adopt, endorse, verify, or assume responsibility for any User Content. Any reliance you place on User Content is at your own risk.
7.4. JotMill does not verify the identity, background, credentials, or accuracy of any User, Creator, Advertiser, or User Content. You acknowledge that Content is crowd-sourced and may contain inaccuracies, outdated information, or unverified statements. JotMill shall have no liability for any inaccuracies, misrepresentations, or misleading information posted by Users, and your remedy, if any, lies against the User who created the Content and not against JotMill.
7.5. Content posted on the Platform reflects the personal views, opinions, and statements of the Users who post it and does not reflect the views of JotMill. To the extent any User Content contains statements that could be read as fact, those statements are the sole responsibility of the posting User; JotMill does not adopt, verify, or endorse them. You should not rely on any User Content as a substitute for independent verification or professional advice, and any reliance you place on User Content is at your own risk.
8. Intermediary Status and No Liability for User Content
8.1. JotMill is a provider of an interactive computer service and acts solely as a neutral intermediary and passive conduit for User Content. JotMill is not the publisher or speaker of any User Content provided by another information content provider.
8.2. Consistent with Section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) and analogous intermediary-liability protections in other jurisdictions to the maximum extent permitted by applicable law, JotMill shall not be treated as the publisher or speaker of, and shall not be liable for, any User Content or any act or omission of any User.
8.3. Any decision by JotMill to screen, moderate, filter, restrict, edit, remove, or decline to remove any User Content — whether by automated means, manual review, or otherwise — is undertaken voluntarily and in good faith and does not constitute, and shall not be construed as, an assumption of responsibility, editorial control, or liability for any User Content.
8.4. JotMill has no obligation to monitor User Content but reserves the right to do so. JotMill does not guarantee that any User Content is accurate, lawful, or non-infringing.
8.5. To the maximum extent permitted by applicable law, including Section 230(c)(2) of the U.S. Communications Decency Act (47 U.S.C. § 230(c)(2)) (the "Good Samaritan" provision), JotMill and its owners, members, managers, affiliates, officers, employees, and agents shall have no liability arising from any action voluntarily taken in good faith to restrict access to, screen, filter, label, restrict, edit, remove, or disable any Content that JotMill or any User considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, or otherwise objectionable, whether or not such Content is constitutionally protected, and from making available to Users the technical means to restrict access to such material. This protection is in addition to, and does not limit, the protections in Clauses 8.1 to 8.4 and Clause 10.
9. Intellectual Property and Licence
9.1. As between you and JotMill, all Intellectual Property Rights in the Platform — including its software, design, layout, databases, compilation of Content, trademarks, logos, and look and feel — are owned by or licensed to JotMill. Nothing in these Terms transfers any such rights to you.
9.2. You do not acquire or own any copyright, ownership interest, or other proprietary right in the Platform, or in any aggregated, derived, or compiled data created by the Platform, by virtue of uploading, submitting, or monetising Content through the Platform. As between Creators and JotMill, this Clause 9.2 does not transfer ownership of a Creator's underlying Content to JotMill, but it confers on JotMill the licences set out in this Clause 9 and confers on Creators and Users no ownership of, or proprietary right in, the Platform or any Platform-created data.
9.3. By submitting, posting, uploading, publishing, or monetising any User Content, you grant JotMill a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and sublicensable licence to host, store, use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, create derivative works from, incorporate advertising into, and otherwise exploit such User Content in any media and for any purpose connected with operating, developing, promoting, or improving the Platform and JotMill's business. This licence survives termination of your Account or these Terms to the extent necessary for JotMill's continued operation, archival, legal, and record-keeping purposes.
9.4. You waive, and agree not to assert against JotMill or its sublicensees, any moral rights or similar rights in your User Content to the maximum extent permitted by applicable law.
9.5. You must not upload, post, transmit, or monetise any Content that is copyrighted, trademarked, or otherwise protected, or that infringes or may infringe any third party's Intellectual Property Rights, unless you hold all necessary rights. You are solely responsible and liable for any infringement or alleged infringement arising from your Content, and JotMill shall have no liability for any User's violation of any third party's rights.
9.6. User-to-User Licence. In addition to the licence granted to JotMill in Clause 9.3, by submitting, posting, or uploading any User Content you grant each other User of the Platform a worldwide, royalty-free, non-exclusive licence to access, view, read, listen to, and — to the extent the relevant Platform feature permits — reproduce, re-post, share, adapt, compile, and otherwise reuse your User Content on and through the Platform in accordance with these Terms. You acknowledge and agree that the Platform is crowd-sourced and that your User Content may be reused, shared, combined, and built upon by other Users to the extent the Platform's features permit, and that JotMill is not responsible or liable for any such reuse, which is governed by Clauses 7, 8, and 20.
9.7. Residual Copies and Content Survival. You acknowledge and agree that, following removal of User Content, deletion of your Account, or termination of these Terms: (a) copies of your User Content may remain in back-ups, archives, logs, caches, or other system records for a period consistent with JotMill's data-retention and legal-compliance practices; (b) User Content that you previously made available and that has been reused, re-posted, shared, aggregated, compiled, or incorporated into derived data or other Users' Content may continue to exist, be displayed, and be used independently of your Account; and (c) the licences granted in Clauses 9.3 and 9.6 survive to the extent necessary for JotMill's continued operation and for such residual, reused, aggregated, and derived Content. JotMill is under no obligation to remove, retrieve, or destroy any such residual, reused, or derived Content.
10. Content Moderation and Removal
10.1. JotMill may, at its sole discretion and without prior permission, notice, or liability, screen, review, refuse, restrict, block, disable, edit, suspend, or remove any Content, media, advertisement, link, or other material, in whole or in part, for any reason or no reason, including where JotMill considers it to violate these Terms, any applicable law, or the rights of any person, or to be otherwise objectionable.
10.2. JotMill may use automated tools, including third-party moderation services and artificial-intelligence systems, to screen Content before or after publication. JotMill does not warrant that such tools will detect or prevent all violating Content.
10.3. JotMill has no obligation to retain, store, archive, back up, or return any Content (including removed Content) and may delete, archive, or purge Content at any time in accordance with its data-retention practices. You are solely responsible for maintaining your own copies of your Content.
10.4. JotMill's exercise or non-exercise of its rights under this Clause 10 is voluntary and does not waive any of JotMill's other rights or protections, including those in Clause 8.
10.5. Report Abuse. Users may report Content they consider to be unlawful, abusive, harassing, defamatory, infringing, or otherwise in violation of these Terms through the "Report" function associated with Content or through the "Help & Support" menu (the "Report Abuse" channel). Copyright-infringement claims must instead follow the DMCA process in Clause 18. JotMill may, in its sole discretion and without obligation, review, act on, decline to act on, or forward any report. JotMill's provision of, and any action or inaction in response to, the Report Abuse channel is undertaken voluntarily and in good faith and does not constitute, and shall not be construed as, an assumption of responsibility, editorial control, knowledge, or liability for any User Content, and is without prejudice to JotMill's protections under Clause 8 (including Section 230 of the U.S. Communications Decency Act).
11. Account Suspension, Blocking, and Termination
11.1. JotMill may, at its sole discretion and without prior notice or liability, suspend, restrict, block, disable, or terminate your Account or your access to all or part of the Platform, for any reason or no reason, including suspected violation of these Terms, suspected fraud or unlawful activity, or to protect the Platform, other Users, or any third party. JotMill may also block one User from interacting with another without permission and without notice.
11.2. You may stop using the Platform at any time. Termination does not entitle you to any refund, payout, or compensation except as expressly provided in the Refund Policy or required by applicable law, and does not relieve you of obligations accrued before termination.
11.3. The following Clauses survive termination: 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 26, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and any other provision that by its nature should survive.
12. No Guaranteed Earnings; Relationship of the Parties
12.1. JotMill does not guarantee any earnings, payout, revenue, audience, reach, subscriptions, or commercial result to any Creator, Advertiser, or other User. Any amounts a Creator may earn depend on factors outside JotMill's control, including Advertiser demand, Reader and Subscriber activity, Content performance, and the operation of the Payment Provider.
12.2. Nothing in these Terms, and no monetisation, payout, Ad Slot, Campaign, revenue-sharing, or other arrangement, creates, and the parties expressly disclaim, any employment, partnership, joint venture, agency, or fiduciary relationship between any User (including any Creator or Advertiser) and JotMill. Creators and Advertisers are independent and act on their own account. No User is an employee, worker, agent, or partner of JotMill, and no User shall have any claim against JotMill in contract, quasi-contract, unjust enrichment, restitution, employment, partnership, or otherwise in respect of any payout or monetisation, except as expressly provided in these Terms or required by applicable law.
13. Location Data
13.1. The Platform may offer location-based features. You voluntarily agree to share your geographic location (including by enabling location services) to enable location-based services and features. You may decline or disable location sharing, in which case certain features may be unavailable.
13.2. Location and personal data collected through the Platform will NOT be shared with marketing agencies. Location data is handled in accordance with Clause 23 (Privacy and Data) and the Privacy Policy.
14. Information Sharing and Law Enforcement Cooperation
14.1. JotMill will NOT share User information with marketing agencies.
14.2. JotMill may share User information with service providers and processors — including the Payment Provider, hosting, storage, identity-verification, moderation, analytics, and communications providers — as reasonably necessary to operate the Platform, and may share User information with local government, regulatory, or law-enforcement authorities in the relevant jurisdiction only in cases of fraud, legal action, or regulatory or legal violation, or where required or permitted by applicable law, legal process, or to protect the rights, safety, property, or interests of JotMill, its Users, or the public.
14.3. JotMill may report suspected violations to, and cooperate with, law-enforcement and government authorities, and may disclose information in connection with such reports, without notice to you to the extent permitted by law.
15. Creator Monetization, Marketplace, and Payments
15.1. Marketplace. The Platform operates a marketplace through which Creators may offer Ad Slots within their Content (including within audio, video, and written Content), and Advertisers may purchase Ad Slots and create Campaigns. Advertisers create Campaigns, and Creators may bid on, accept, or decline Campaigns and Ad Slot opportunities, in each case subject to these Terms and any marketplace rules we publish. JotMill provides the marketplace as a neutral venue and is not the buyer, seller, advertiser, or counterparty in any transaction between a Creator and an Advertiser.
15.2. Platform Commission. JotMill charges a Platform Commission on amounts payable to Creators. The Platform Commission is as set by JotMill in its platform administration (Admin) settings, may vary by Content format, and is displayed to the user during the billing/checkout process before payment. The Platform Commission is deducted before any payout is made to a Creator. Except as required by applicable law or expressly stated in the Refund Policy, the Platform Commission is non-refundable.
15.3. Temporary Hold Account. When an Ad Slot or Campaign is finalised, the associated funds are held by the Payment Provider (Stripe) in a Temporary Hold Account that is operated and controlled by the Payment Provider and does NOT belong to JotMill. JotMill is NOT a party to the Temporary Hold Account and is NOT liable for the funds held in it, for the Payment Provider's acts or omissions, or for any delay, loss, failure, insolvency, or error of the Payment Provider. Stripe is an independent third party, and the Temporary Hold Account is governed by Stripe's own terms and policies, which apply to you in addition to these Terms.
15.4. Automatic Release of Funds. Funds held in the Temporary Hold Account are released to the Creator automatically in accordance with the Platform terms once the advertisement has been incorporated into the relevant Content and that Content has been issued to the Creator's subscribers or audience. Release occurs automatically and does NOT depend on any manual release, approval, or instruction by JotMill, the Advertiser, or any client, and does not wait indefinitely. JotMill does not hold, control, or guarantee the funds and is not responsible for the timing or mechanics of release by the Payment Provider.
15.5. Payment Provider Fees. Any fees charged by the Payment Provider (Stripe) or other payment processors ("Payment Processor Fees") are paid by the end client (that is, by Advertisers and Readers/Subscribers) and are not borne by JotMill. Payment-processor fees are charged by Stripe and may vary depending on the type of credit card, the issuing bank, and the user's country or region. Where a refund is granted, Payment Processor Fees are handled as set out in the Refund Policy.
15.6. No Chargebacks. Chargebacks are NOT permitted on the Platform. By transacting on the Platform, you agree not to initiate a chargeback or payment dispute with your card issuer or bank in respect of any Platform transaction, and instead to raise any billing concern first through the "Help & Support" menu. JotMill and the Payment Provider reserve the right to dispute and respond to any chargeback, to recover amounts owed, and to suspend, restrict, or terminate access in the event of any chargeback or payment dispute, as further described in the Refund Policy.
15.7. Subscriptions and Reader Payments. Readers and Subscribers may pay for subscriptions or premium access to Creators or Content. Such payments are processed by the Payment Provider, and subscriptions, cancellations, and refunds are governed by Clause 28 and the Refund Policy.
15.8. No Guaranteed Earnings. Consistent with Clause 12, JotMill does not guarantee any earnings, payout, or commercial result, and the existence, amount, timing, and method of any payout depend on the marketplace, the relevant transaction, and the Payment Provider.
16. Advertisers and Advertising
16.1. Any signed-up User may act as an Advertiser and may create, schedule, automate, repeat, bid for, and pay for advertising, Ad Slots, banners, polls, surveys, sponsored content, and Campaigns on the Platform, subject to these Terms and any advertising rules we publish.
16.2. Advertisers are solely responsible for their advertising content and Campaigns and must comply with all applicable laws, regulations, and global copyright and intellectual-property laws, and must not post, link to, or incorporate any infringing, unlawful, deceptive, or otherwise violating content or links.
16.3. Advertisers are solely responsible for their advertising content and Campaigns. JotMill does not endorse, verify, or assume responsibility for any advertiser content or Campaign, and shall have no liability for any harm, deception, loss, infringement, or violation caused by or arising from advertiser content or Campaigns. JotMill may, at its sole discretion and without notice or liability, reject, block, remove, suspend, or disable any advertisement, Ad Slot, Campaign, content, or link that it considers to violate these Terms or any applicable law, and reserves all rights in respect of advertising. Payment for advertising does not guarantee placement, performance, or results, and fees are non-refundable except as required by law or as set out in the Refund Policy.
16.4. Advertisers indemnify JotMill in accordance with Clause 21 in respect of their advertising, Ad Slots, and Campaigns.
16.5. Campaigns are delivered based on the settings selected by the Advertiser and the participation of eligible Creators and the availability of eligible Ad Slots. JotMill may estimate expected reach or impressions for a Campaign; however, unless a specific guaranteed-impression package is explicitly purchased, impressions and results are NOT guaranteed. Actual impressions and results may vary depending on Creator participation, Reader and Subscriber activity, targeting, Ad Slot availability, and overall Platform performance. To the maximum extent permitted by applicable law, JotMill disclaims all liability for any shortfall in impressions or for Campaign performance, and any estimate is provided for planning purposes only and does not constitute a representation, warranty, or guarantee. This Clause 16 is without prejudice to Clauses 19, 20, and 21.
16.6. Advertiser and API Data-Use and Resale Restriction. Any data, metrics, analytics, impressions, audience information, or other information that an Advertiser, developer, or other person obtains through a Campaign, the Platform's advertising tools, any application programming interface (API), or any analytics or measurement feature (collectively, "Platform Data") may be used solely to plan, manage, and measure that person's own Campaigns or permitted use of the Platform, and only in compliance with these Terms, the Privacy Policy, the Cookies Policy, and all applicable laws. Advertisers, developers, and other recipients must not sell, license, rent, share, disclose, re-identify, combine with other datasets to identify any individual, or otherwise transfer or commercially exploit any Platform Data or any User personal data, and must not use Platform Data to build or enrich any profile of, or to re-target, any User outside the Platform. JotMill will not share User information with marketing agencies (see Clauses 14.1 and 23.2). JotMill may suspend or terminate access for any breach of this Clause 16.6.
17. Prohibited Conduct and Acceptable Use
17.1. You must not, and must not permit or enable any other person to:
(a) post, transmit, or monetise any Content that is unlawful, fraudulent, defamatory, libellous, harassing, threatening, abusive, hateful, obscene, pornographic, violent, or that incites or promotes any of the foregoing;
(b) infringe, misappropriate, or violate any Intellectual Property Rights, privacy, publicity, or contractual rights of any person;
(c) impersonate any person or entity, create a false identity, or misrepresent your affiliation;
(d) engage in fraud, deception, or manipulation of metrics, rankings, polls, feedback, bids, Campaigns, payouts, or payments, or post fake, paid, or incentivised content not permitted by us;
(e) use bots, scrapers, crawlers, or any automated means to access, post to, or collect data from the Platform, or interfere with anti-bot measures;
(f) upload viruses, malware, or harmful code, or attempt to gain unauthorised access to the Platform, other Accounts, the Payment Provider, or related systems;
(g) collect, harvest, or process other Users' personal data except as expressly permitted;
(h) interfere with, disrupt, or place an unreasonable load on the Platform or its infrastructure;
(i) use the Platform for any unlawful, harmful, or unauthorised purpose, or in violation of any applicable law in your jurisdiction;
(i) scrape, crawl, spider, index, mirror, harvest, extract, or copy any Content, data, metrics, or other materials from the Platform, or access the Platform or its databases, by any automated or manual means, except as expressly authorised in writing by JotMill or as permitted by a published API subject to its terms; or circumvent, disable, or interfere with any technical, security, rate-limiting, or access-control measure; or
(j) upload, post, or otherwise make available the personal data of any third party (including any name, phone number, address, identification document, image, or other private information) without that person's lawful consent or another lawful basis; you are solely responsible for any violation of privacy or data-protection laws arising from your uploads, and JotMill may remove such Content without notice and shall have no liability for any such violation (see the Privacy Policy).
17.2. Reservation of Rights; CFAA and Database Rights. All right, title, and interest in the Platform, its databases, and its compilation of Content are reserved to JotMill (see Clause 9.1). Any access to, or extraction or reuse of, Content or data from the Platform otherwise than as expressly permitted is unauthorized and without JotMill's consent. JotMill expressly reserves all rights and remedies available to it, including under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), applicable trespass-to-chattels and breach-of-contract doctrines, and database and sui generis database rights and other Intellectual Property Rights in its data compilations, in respect of any unauthorized access, scraping, harvesting, or extraction. JotMill may use technical and legal measures to detect, prevent, and act against such conduct.
17.3. A breach of this Clause 17 may result in immediate removal of Content, suspension or termination of your Account under Clause 11, and reporting to authorities under Clause 14.
17.4. Country-Specific Legal Compliance. JotMill operates globally but is based in Texas, USA. You are solely responsible for complying with all laws applicable in your jurisdiction, including laws governing speech, content, defamation, advertising, privacy, data protection, consumer rights, and content posting. JotMill shall have no liability for any User's violation of local laws (see Clauses 4, 33, and 34).
18. DMCA Notice-and-Takedown and Copyright Policy
18.1. JotMill respects the Intellectual Property Rights of others and expects Users to do the same. JotMill will respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA") and may, in appropriate circumstances and at its sole discretion, remove or disable access to allegedly infringing Content and terminate the Accounts of repeat infringers.
18.2. If you believe Content on the Platform infringes your copyright, you may send a written notice to JotMill's designated copyright agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.
1.1. Notices must be sent to JotMill's designated copyright/DMCA agent. Designated Copyright/DMCA Agent: For our full DMCA Notice & CounterNotice Policy, visit: www.Jotmill.com/copyright.
18.3. JotMill may, at its discretion, forward a copy of any notice to the User who posted the affected Content and may permit that User to submit a counter-notice as provided under the DMCA. JotMill's compliance with the DMCA process is voluntary and without prejudice to its protections under Clause 8. JotMill complies with the DMCA on infringement.
18.4. Repeat-Infringer Policy. JotMill has adopted and reasonably implemented a policy of terminating, in appropriate circumstances and at its sole discretion, the Accounts of Users who are repeat infringers. For these purposes, a "repeat infringer" is a User who has been the subject of two (2) or more instances in which Content the User posted has been removed or disabled following a valid notice of alleged copyright infringement, or who JotMill otherwise reasonably determines has repeatedly infringed Intellectual Property Rights. JotMill may also suspend or terminate an Account for a single egregious infringement. JotMill may consider counter-notices and the totality of the circumstances in applying this policy. This Clause 18.5 is without prejudice to JotMill's other rights, including under Clauses 10 and 11.
19. DISCLAIMER OF WARRANTIES
19.1. THE PLATFORM, THE SERVICE, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
19.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOTMILL AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade.
19.3. JOTMILL DOES NOT WARRANT that the Platform will be uninterrupted, secure, error-free, or free of viruses or harmful components, that defects will be corrected, or that any Content (including User Content, advertisements, metrics, or translations) is accurate, reliable, complete, lawful, or non-infringing. You use the Platform and rely on any Content at your own risk.
19.4. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply to the maximum extent permitted by law.
20. LIMITATION OF LIABILITY
20.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOTMILL AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for any loss of profits, revenue, data, goodwill, reputation, earnings, or business, arising out of or relating to these Terms, the Platform, the Service, any User Content, any advertising or Campaign, the Payment Provider, the Temporary Hold Account, or your use of or inability to use the Platform, whether based in contract, tort (including negligence), strict liability, statute, or otherwise, and whether or not JotMill has been advised of the possibility of such damages.
20.2. JOTMILL SHALL NOT BE LIABLE FOR ANY USER CONTENT, FOR THE CONDUCT OF ANY USER OR THIRD PARTY, FOR ANY ADVERTISING OR CAMPAIGN, FOR THE PAYMENT PROVIDER OR THE TEMPORARY HOLD ACCOUNT OR ANY FUNDS HELD IN IT, OR FOR ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA.
20.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF JOTMILL ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO JOTMILL (EXCLUDING AMOUNTS HELD BY OR PAYABLE TO THE PAYMENT PROVIDER OR ANY CREATOR) IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
20.4. The limitations and exclusions in this Clause 20 apply to the fullest extent permitted by law and reflect an agreed allocation of risk that forms an essential basis of the bargain between you and JotMill. Some jurisdictions do not allow certain limitations; in such jurisdictions, JotMill's liability is limited to the maximum extent permitted by law.
21. INDEMNIFICATION
21.1. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JOTMILL AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content; (b) your use of or activity on the Platform; (c) your violation of these Terms or any applicable law; (d) your infringement or misappropriation of any third party's rights, including Intellectual Property Rights, privacy, or publicity rights; (e) your advertising, Ad Slots, or Campaigns; (f) any payment, payout, chargeback, or transaction involving you, the Payment Provider, or the Temporary Hold Account; and (g) any claim brought against you by, or any dispute between you and, another User or any third party arising out of or relating to User Content you submitted, monetised, reused, re-posted, or otherwise made available, or another User's reuse of such User Content as permitted under these Terms.
21.2. JotMill may, at its option, assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate. You shall not settle any matter affecting an Indemnified Party without JotMill's prior written consent.
22. GOVERNING LAW, JURISDICTION, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER
22.1. GOVERNING LAW. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or relating to these Terms, the Platform, or the Service are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict-of-laws principles.
22.2. EXCLUSIVE JURISDICTION AND VENUE. THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF TEXAS SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE over any dispute, claim, or proceeding arising out of or relating to these Terms, the Platform, or the Service. You irrevocably submit to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue, including on grounds of inconvenient forum. There is no agreement to arbitrate; all disputes shall be resolved exclusively in the Texas courts.
22.3. CLASS-ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JOTMILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The courts may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
22.4. JURY-TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JOTMILL EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to these Terms, the Platform, or the Service.
22.5. TIME LIMIT. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim arose, failing which the claim is permanently barred.
22.6. If the class-action waiver in Clause 22.3 is found unenforceable as to a particular claim, that claim shall be severed and adjudicated in court, but the remainder of this Clause 22 shall remain in full force.
23. Privacy and Data
23.1. JotMill's collection, use, sharing, and retention of personal data is described in the Privacy Policy, and JotMill's use of cookies and similar tracking technologies is described in the Cookies Policy, each of which is incorporated into these Terms by reference. By using the Platform, you acknowledge and agree to the practices described in the Privacy Policy and the Cookies Policy.
23.2. In summary, and without limiting the Privacy Policy: (a) JotMill collects account, profile, User Content, location, device, usage, advertising, and transaction data; (b) location data is shared voluntarily by Users to enable location-based services; (c) JotMill will NOT share User information with marketing agencies; (d) JotMill may share information with service providers and processors as needed to operate the Platform, including the Payment Provider as necessary to operate the Temporary Hold Account, and with government or law-enforcement authorities only in cases of fraud or legal action, or as otherwise required or permitted by law (see Clause 14); and (e) the Platform is for Users aged 18 and over only.
23.3. JotMill offers data-subject rights (such as access and deletion) on a defensive, globally compliant basis as further described in the Privacy Policy, while these Terms and the Privacy Policy remain governed by Texas law. To the extent of any conflict between this Clause 23 and the standalone Privacy Policy regarding data practices, the Privacy Policy controls.
24. Third-Party Links and Services
24.1. The Platform may contain links to, or integrate with, third-party websites, services, identity-verification providers, the Payment Provider, payment processors, advertising networks, or applications that are not owned or controlled by JotMill.
24.2. JotMill does not endorse and is not responsible or liable for any third-party website, service, content, or conduct, including the Payment Provider. Your use of any third-party website or service is at your own risk and subject to that third party's terms and policies. JotMill is not a party to, and has no liability arising from, any transaction between you and a third party, including any transaction involving the Payment Provider or the Temporary Hold Account.
25. General Provisions
25.1. Assignment. You may not assign or transfer these Terms or any rights or obligations under them without JotMill's prior written consent. JotMill may freely assign or transfer these Terms, in whole or in part, without restriction or notice. These Terms bind and benefit the parties and their permitted successors and assigns.
25.2. Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect.
25.3. Entire Agreement. These Terms, together with the Privacy Policy, the Cookies Policy, the Refund Policy, and any other policies published on the Platform (each of which is incorporated into these Terms by reference), constitute the entire agreement between you and JotMill regarding the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.
25.4. No Waiver. No failure or delay by JotMill in exercising any right or remedy shall operate as a waiver, and no single or partial exercise shall preclude any further exercise of that or any other right or remedy.
25.5. Force Majeure. JotMill shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, governmental action, epidemics or pandemics, power or internet failures, or failures of third-party providers, including the Payment Provider.
25.6. Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and JotMill. You and JotMill are independent. This Clause 25.6 supplements Clause 12.2.
25.7. No Third-Party Beneficiaries. Except for the Indemnified Parties (who may enforce Clauses 19, 20, and 21), these Terms do not confer any rights on any third party.
25.8. Survival. Provisions that by their nature should survive termination will survive, as set out in Clause 11.3.
26. Notices and Contact
26.1. JotMill may provide notices to you by posting on the Platform, through the Platform interface, or by email to the address associated with your Account. You consent to receive communications electronically.
26.2. You may contact JotMill, and submit any notice, request, complaint, or support enquiry, through the "Help & Support" menu located under your profile on the Platform.
26.3. JotMill, LLC is a Texas limited liability company with its registered address at 6414 Tarrion Bay, Sugar Land, TX 77479, USA.
26.4. Legal notices to JotMill (other than DMCA notices, which must follow Clause 18) must be sent in writing to the registered address above and are effective on receipt.
27. Translation Disclaimer
27.1. The Platform may translate menus, interfaces, and Content into other languages using automated translation tools, including Google Translate, for the convenience of Users selecting language settings.
27.2. Automated translations are provided "as is", may contain errors, inaccuracies, or unintended meanings, and may be incomplete or misleading. JotMill does not warrant the accuracy, completeness, or reliability of any translated text, and Users agree that all translations are used at their own risk. JotMill shall have no liability for any loss, misunderstanding, or harm arising from translated content. The English-language version of these Terms and of any Platform Content controls and prevails in the event of any conflict, discrepancy, or ambiguity between the English version and any translated version.
28. Subscriptions, Billing, and Cancellation
28.1. The Platform may offer paid subscriptions and premium features, and Readers and Subscribers may pay for subscriptions or premium access to Creators or Content ("Subscriptions"). Subscriptions are billed in advance on a recurring basis for each billing period (for example, monthly or annually), as described at the point of purchase. By purchasing a Subscription, you authorise JotMill and the Payment Provider to charge the applicable fees and taxes to your selected payment method for each billing period until the Subscription is cancelled.
28.2. You may cancel your Subscription at any time. Cancellation takes effect at the end of the current paid billing period, and your premium access continues until the end of that billing period, after which the Subscription will not renew.
28.3. After cancellation, you will not be charged any further Subscription fees unless you choose to re-subscribe. Re-subscribing starts a new Subscription subject to the then-current fees and terms.
28.4. Partial refunds are generally NOT provided for unused days, time, or features remaining in a billing period after cancellation, except where a refund is required by applicable law (including mandatory consumer-protection rights of Users outside the United States that cannot lawfully be excluded) or is approved by JotMill support in an exceptional case at its sole discretion. Any refund granted is discretionary, does not create any entitlement or course of dealing, and does not modify these Terms.
28.5. Subscriptions, cancellations, refunds, Payment Processor Fees, chargebacks, Platform Commission, and the Temporary Hold Account are further described in the Refund Policy, which is incorporated into these Terms by reference. To the extent of any conflict between this Clause 28 and the Refund Policy regarding refunds, the Refund Policy controls.
29. Content Integrity and Disclosure
29.1. JotMill expects Users to comply with all applicable laws governing content, advertising, endorsements, and disclosures, including the U.S. Federal Trade Commission (FTC) Act and the FTC's rules and guides concerning endorsements, testimonials, and sponsored content.
29.2. If you have any material connection to the subject of Content or to an advertisement (for example, you are paid, sponsored, or received free products or other incentive), you must clearly and conspicuously disclose that connection in or with your User Content, and you must not post fake, false, deceptive, or misleading Content or misrepresent your identity, experience, or connection.
29.3. JotMill acts as a neutral intermediary and is not responsible for Users' compliance or non-compliance with content-disclosure or advertising-disclosure obligations. Responsibility for any undisclosed material connection or deceptive Content rests solely with the posting User, who indemnifies the Indemnified Parties under Clause 21. This Clause 29 is without prejudice to Clauses 7, 8, 16, 17, 19, 20, and 21.
30. Right of Publicity and Biometric Data Consent
30.1. Right of Publicity. You represent and warrant that any name, likeness, image, photograph, voice, performance, or other indicia of identity that you upload, post, or make available as User Content is either your own or that you have obtained all necessary rights, consents, and releases from each identifiable individual (and, where applicable, the owner of any associated rights) to make it available and to grant the licences in Clauses 9.3 and 9.6. You are solely responsible for any claim that your User Content violates any person's right of publicity, privacy, or personality, and you indemnify the Indemnified Parties under Clause 21 in respect of any such claim.
30.2. Biometric Data. Depending on the features used, media you upload (such as photographs, audio, or video) may be processed by the Platform or its service providers. To the extent that any such processing involves a "biometric identifier" or "biometric information" within the meaning of the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14/) or any analogous biometric-privacy law, JotMill's collection, use, storage, and destruction of such data, the purposes for which it is used, and the applicable retention and destruction schedule are described in the Privacy Policy, and your consent is obtained as and to the extent required by applicable law and the Privacy Policy.
30.3. By uploading media or using features that may involve such processing, you acknowledge the Privacy Policy and provide any consent described there to the collection, use, storage, and destruction of biometric data as and to the extent required by applicable law. You may withdraw consent or request deletion as described in the Privacy Policy and Clause 23, subject to the survival of residual, reused, aggregated, and derived Content under Clause 9.7. This Clause 30 is without prejudice to Clauses 7, 9, 19, 20, and 21.
31. Child Sexual Abuse Material (Zero Tolerance)
31.1. JotMill has a zero-tolerance policy toward child sexual abuse material ("CSAM") and the sexual exploitation of minors. You must not upload, post, store, transmit, solicit, or facilitate any CSAM or any content that sexually exploits or endangers any minor. Any such content or conduct is strictly prohibited regardless of the Platform's 18+ eligibility requirement.
31.2. JotMill will report apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) and/or appropriate law-enforcement authorities as required by the U.S. reporting requirements of 18 U.S.C. § 2258A and applicable law, and may preserve and disclose related content and account information in connection with such reports. JotMill will cooperate with NCMEC and law-enforcement and regulatory authorities to the extent required or permitted by law (see Clause 14).
31.3. Any User who uploads, posts, transmits, solicits, or facilitates CSAM will have their Account permanently terminated without notice, in addition to any reporting, content preservation, and disclosure described above and any other remedy available to JotMill. This Clause 31 is without prejudice to Clauses 8, 10, 11, 14, and 17, and survives termination.
32. Content Accuracy and No Reliance
32.1. JotMill does not create, verify, endorse, or guarantee the accuracy, completeness, currency, reliability, legality, or quality of any User Content, metric, ranking, review, opinion, advertisement, or other Content available on or through the Platform. All such Content is provided for general informational purposes only.
32.2. You should not rely on any Content on the Platform as a statement of fact or as a substitute for independent verification or professional, legal, medical, financial, or other advice. Any reliance you place on any Content is at your own risk, and JotMill has no liability for any decision made or action taken in reliance on any Content (see Clauses 6.5, 6.6, 7.3, 7.5, 19, and 20).
33. Sanctions, Export Controls, and Territory Restrictions
33.1. You represent and warrant that you are not located in, ordinarily resident in, or a national of any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. or other applicable restricted-party, sanctions, or denied-persons list, including lists maintained by the U.S. Office of Foreign Assets Control (OFAC). You must not access or use the Platform in violation of any applicable sanctions, export-control, or anti-money-laundering law, including the U.S. Export Administration Regulations and OFAC-administered sanctions programmes.
33.2. You must not use, export, re-export, or make the Platform or any Content available to any prohibited person, entity, or territory, and you must not use the Platform for any purpose prohibited by applicable sanctions or export-control laws.
33.3. JotMill may, in its sole discretion and without liability, block, restrict, suspend, or terminate access to the Platform from, or to Users in, any country, territory, or jurisdiction in order to comply with applicable law or sanctions, or for any other reason. JotMill makes no representation that the Platform is appropriate or available for use in any particular location, and you access the Platform on your own initiative and are responsible for compliance with local law (see Clause 4.2). This Clause 33 is without prejudice to Clauses 11, 20, and 21.
34. Global Consumer Rights and Notice-and-Action
34.1. Savings Clause. Nothing in these Terms is intended to exclude, restrict, or modify any right, guarantee, warranty, or remedy that you have under the mandatory consumer-protection or other laws of your country of residence that cannot lawfully be excluded, restricted, or modified by agreement. Where any provision of these Terms (including the disclaimers, limitations of liability, indemnities, governing-law, jurisdiction, class-action, and jury-trial provisions) is unenforceable against you as a consumer under such mandatory law, that provision applies to you only to the maximum extent permitted by that law, and the remainder of these Terms continues in full force (see Clause 25.2).
34.2. EU/EEA Notice-and-Action. To the extent the EU Digital Services Act (Regulation (EU) 2022/2065) or analogous law applies, Users and other persons may notify JotMill of Content they consider to be illegal through the Report Abuse channel (Clause 10.5) or the "Help & Support" menu. JotMill will handle such notices in a timely, diligent, non-arbitrary, and objective manner, may remove or disable access to Content it determines to be illegal or in breach of these Terms, and will provide a statement of reasons to affected Users where required by applicable law. JotMill's designated point of contact for such matters is available through the "Help & Support" menu.
34.3. These notice-and-action and consumer-rights mechanisms are provided on a defensive, globally compliant basis and are without prejudice to JotMill's intermediary protections under Clause 8. These Terms remain governed by Texas law as set out in Clause 22, subject to this Clause 34.
35. User Waiver of Defamation Claims
35.1. You acknowledge that other Users may post Content, opinions, statements, or feedback relating to you, and that JotMill is not responsible for such User Content. To the maximum extent permitted by applicable law, you waive any claim, action, or remedy against JotMill arising from alleged defamation, libel, slander, or reputational harm caused by User Content, and you agree that your sole remedy lies against the User who posted the content. This Clause 35 is without prejudice to JotMill's intermediary protections under Clause 8 and the disclaimers in Clauses 7, 19, and 20.
36. No Liability for Moderation Errors
36.1. JotMill uses automated and manual moderation tools, including AI-based systems. These tools may fail to detect, or may incorrectly assess, violating content. JotMill does not guarantee that all harmful, infringing, or unlawful content will be detected or removed, and shall have no liability for any failure, delay, or error in moderation. Any moderation undertaken by JotMill is voluntary and in good faith and is without prejudice to its protections under Clauses 8 and 10.
37. No Guarantee of Uptime or Availability
37.1. The Platform may experience interruptions, outages, delays, suspensions, maintenance windows, or errors. JotMill does not guarantee continuous, uninterrupted, timely, secure, or error-free access to the Platform or the Service, and shall have no liability for any downtime, data loss, corruption, or inability to access the Platform. This Clause 37 is in addition to, and without prejudice to, the disclaimers in Clause 19 and the limitations of liability in Clause 20.
38. AI Moderation Disclaimer
38.1. JotMill uses artificial-intelligence systems to help detect harmful, infringing, or unlawful content. AI systems may produce false positives or false negatives and may remove, restrict, or fail to act on Content in error. JotMill does not guarantee the accuracy of any AI moderation and shall have no liability for any moderation outcome, decision, or error. This Clause 38 supplements Clauses 8, 10, and 36 and is without prejudice to JotMill's protections under those Clauses.
39. Payment Provider and Temporary Hold Account Disclaimer
39.1. All payments, payouts, Ad Slot and Campaign funds, and the Temporary Hold Account are operated by the third-party Payment Provider, Stripe, and not by JotMill. JotMill does not hold, control, or take title to any funds in the Temporary Hold Account, is not a party to it, and is not liable for it. Stripe is an independent third party governed by its own terms and privacy policy. JotMill shall have no liability for any act, omission, delay, error, insolvency, failure, or dispute of or with the Payment Provider, or for any loss of or failure to release funds. Your recourse in respect of held funds lies against the Payment Provider under its own terms, and not against JotMill. This Clause 39 supplements Clauses 15, 20, and 24 and survives termination.
