Terms and Conditions
Last Updated: January 2025 | Effective Date: January 2025
1. Acceptance of Terms
By accessing or using Jestimate ("Service", "Platform", "Application"), you ("User", "Customer", "You") agree to be bound by these Terms and Conditions ("Terms", "Agreement"). If you do not agree to these Terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you and Jestimate ("Company", "We", "Us", "Our"). If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
2. Description of Service
2.1 Platform Overview
Jestimate is a Software-as-a-Service (SaaS) platform that provides:
- Real-time Estimation Tools: Agile planning poker and story point estimation
- Retrospective Management: Sprint and project retrospective facilitation
- Team Collaboration: Multi-user real-time collaboration features
- Session Management: Historical session tracking and analytics
- Subscription-Based Access: Tiered service plans with varying features and limits
2.2 Service Components
The Service includes:
- Web-based application accessible through modern browsers
- Real-time collaboration features powered by WebSocket technology
- Data persistence and backup systems
- User authentication and authorization systems
- Payment processing through third-party providers (Stripe)
- Email notifications and communications
3. User Accounts and Registration
3.1 Account Creation
To use certain features of the Service, you must:
- Create an account by providing accurate, complete information
- Maintain the security of your account credentials
- Be at least 13 years of age (or legal age in your jurisdiction)
- Have legal capacity to enter into this Agreement
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use of your account
- Using strong, unique passwords and enabling available security features
4. Subscription Plans and Billing
4.1 Service Plans
Free Plan
- Limited room creation (5 active rooms)
- Basic estimation and retrospective features
- 7-day data retention
- Standard support
Plus Plan
- Increased room limits
- Extended data retention
- Priority support
- Advanced features
Pro Plan
- Higher usage limits
- Extended data retention periods
- Advanced analytics
- Premium support
- Team collaboration features
Team Plan
- Enterprise-grade limits
- Extended data retention
- API access
- Priority support
- Advanced team management
4.2 Billing Terms
- Billing Cycles: Monthly or annual, as selected during subscription
- Payment Processing: Handled securely through Stripe
- Automatic Renewal: Subscriptions automatically renew unless canceled
- Price Changes: We will provide 30 days notice of price increases
- Taxes: You are responsible for applicable taxes in your jurisdiction
5. Acceptable Use Policy
5.1 Permitted Uses
You may use the Service to:
- Conduct legitimate business activities
- Collaborate with team members and stakeholders
- Store and analyze project data
- Integrate with other business tools (where supported)
5.2 Prohibited Activities
You may not:
- Illegal Activities: Use the Service for any unlawful purpose
- Harmful Content: Upload malicious code, viruses, or harmful content
- Abuse: Harass, threaten, or abuse other users
- Spam: Send unsolicited communications or spam
- Unauthorized Access: Attempt to gain unauthorized access to systems or data
- Reverse Engineering: Attempt to reverse engineer, decompile, or extract source code
6. Intellectual Property Rights
6.1 Service Ownership
The Service, including all software, designs, text, graphics, and other content, is owned by Jestimate and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service according to these Terms.
6.2 User Content
You retain ownership of content you create using the Service ("User Content"). By using the Service, you grant us:
- A license to host, store, and display your User Content as necessary to provide the Service
- Permission to make backup copies for disaster recovery
- Rights to analyze anonymized usage patterns for service improvement
7. Privacy and Data Protection
7.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
7.2 Data Security
We implement industry-standard security measures to protect your data, including:
- Encryption in transit and at rest
- Access controls and authentication
- Regular security monitoring
- Incident response procedures
7.3 Your Data Rights
You have the right to:
- Access your personal data
- Correct inaccurate information
- Delete your account and associated data
- Export your data in a portable format
8. Disclaimers and Limitations of Liability
8.1 Service Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OPERATION.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JESTIMATE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.
9. Termination
9.1 Termination by You
You may terminate your account at any time by:
- Canceling your subscription through account settings
- Contacting our support team
- Following the account deletion process in the Service
9.2 Effect of Termination
Upon termination:
- Your access to the Service will cease
- Data will be retained according to our retention policies
- Paid fees are generally non-refundable
- Certain provisions of these Terms will survive termination
10. Governing Law and Disputes
10.1 Governing Law
These Terms are governed by applicable laws, without regard to conflict of law principles.
10.2 Dispute Resolution
Before initiating formal dispute resolution, parties agree to attempt resolution through direct communication. For disputes that cannot be resolved informally, you agree to binding arbitration rather than court proceedings (except for small claims court actions and intellectual property disputes).
11. Changes to Terms
We may modify these Terms from time to time. When we do:
- We will post the updated Terms on our website
- We will notify active users by email or through the Service
- Changes become effective 30 days after posting
- Continued use of the Service constitutes acceptance of modified Terms
12. Contact Information
For questions about these Terms, please contact us:
Email: contact@jestimate.app
Response Time: We aim to respond to legal inquiries within 5 business days
Document Version: 1.0
Effective Date: January 2025
Last Updated: January 2025
Next Review Date: July 2025