General
Information about Jaapi These terms and conditions ("Terms") are applicable to all services provided by Jaapi AB (company registration number 559387-9421) ("Jaapi", "us", "our" or "we") to our customers ("you").
When we refer to the "parties" we mean you and us together.
Contact information You may contact us by sending an email to support@jaapi.store ("Contact Information"). Data protection matters, data subject requests and security incidents go to our Security Officer, Lynn Smeria, at lynn@jaapi.store.
Agreeing to the Terms
You accept the Terms when you ask us to open an Account. The person who asks on your behalf represents that they are authorized to bind your organization. The version in force is the one published on the Site on the day of your request, identified by the date at its top; later versions apply as "Changes and Addition" provides. If you do not agree to the Terms, do not ask for an Account or use the Services. Any contract signed by both parties supersedes these online Terms.
Definitions
"Account" means the organization account we open for you at your request, which holds your store or stores.
"Contact Information" means the information set out above.
"Content" means the trademarks, logos, artwork, product designs, text and images you or your users provide to us or upload to your store.
"Data Processing Agreement" means our Data Processing Agreement (https://trust.jaapi.com/dpa), which forms part of these Terms.
"Functions" means the Site, your Account and the Services, jointly.
"Privacy Policy" means our Privacy Policy (https://trust.jaapi.com/privacy) which describes how we process personal data.
"Services" means the hosted store platform on which we run your store or stores, the production and delivery of the merchandise ordered in them, and the related services and information we make available to you.
"Site" means our website (https://www.jaapi.com) and the store platform on which we host your store, whether on a domain we assign or on a domain you connect.
The Services
Description of the Services Your store lets the people you admit to it order merchandise branded for your organization, paid with store credit you fund or with their own card, and we have each order produced and delivered. More information about the Services can be found on the Site. To be able to use the Services, adequate internet access is required.
Setting up an Account
We open an Account for you when you request the Services; you do not register one yourself. You confirm that all information you give us for opening your Account is correct and agree to ensure that the information is accurate at all times. We are entitled to decline or adjust an order from you or shut down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when we open your Account. Once your Account has been opened, and payment has been made where prepayment is required, the Services will be available and ready to use or order, as detailed on the Site. One Account is created per organization, and it may hold one or more stores. You decide who in your organization administers the Account and its stores and who may use them, and you are responsible for those people's use of the Functions. Credentials must be kept secure at all times. You may not transfer the Account to another organization. Should you suspect that your Account or any credentials to it have been or are being used by an unauthorized person you must contact us immediately by using our Contact Information.
Ordering the Services The Services shall be ordered in accordance with the instructions on the Site. Your order has been confirmed when we send you an order confirmation through email. When an order confirmation has been sent, you have entered into an agreement with us.
Your Obligations
When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorized under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You are responsible for all activities that occur under your Account.
You also agree not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;
- publish, post or in any other way express any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;
- contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us and/or the Site in any way;
- monitor the Services' availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services' features or user interface; or
- resell or in any way redistribute results generated on the Site or use the Services in order to create a competing service or product.
We may have to suspend the supply of any of the Functions to:
- deal with technical problems or make minor technical changes; or
- update the Functions to reflect changes in applicable laws or satisfy a regulatory requirement.
We will endeavour to contact you in advance in the event we need to suspend the supply of any Services, but may not be able to if the problem is urgent or an emergency.
Prices and Payment
Price information Each store has its own subscription. Payment for the use of the Services is made in advance per store, for each Subscription Period. You shall pay all applicable fees as described on the Site for the Services you have selected. The prices for the Services exclude value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be indicated on the order pages when you placed your order or as otherwise notified by us to you in writing.
Price changes
We have the right to change the prices for the Services. If we change the prices, we will notify you at least 60 days before the renewal on which they apply. The new prices will take effect from the first day of the next Subscription Period which follows the date when the prices were changed. By continuing to use the Services after the price change takes effect, you are bound by the new prices. If you oppose the price changes, you must terminate your subscription with us.
Payment methods
You can pay for the Services through any of the payment methods listed on the Site. For payments made through a third-party supplier, this third-party supplier's terms and conditions apply. Such terms and conditions can be found on the relevant supplier's website. You agree to pay within the set time for the applicable payment method. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest.
Refunds
We do not refund subscription fees, in whole or in part, for a partially used Subscription Period, for an unused Account or store, or by reason of your dissatisfaction with the Services and/or the Functions. Store credit is governed by "Store credit" below. The exceptions are the terminations these Terms and the Data Processing Agreement expressly allow before the end of a Subscription Period: under "Changes and Addition", under "Defects and delays beyond our control", and under the Data Processing Agreement's sub-processor objection (section 7.2). In each of them we refund the fees paid in advance for the affected store for the period after the termination.
Purchases Made in Your Swag Store
With purchases made in your swag store, we mean goods that are bought or gifted by the company or its employees.
Store credit
Store credit is a prepaid balance in a user's wallet, redeemable only for merchandise in your store. It is not cash, carries no interest, is never paid out, and does not expire while your store exists. You fund it, and it stays yours: your administrators move credit between wallets, and when a user is offboarded their unspent credit is reclaimed to the wallet you designate. Where your store is set to restore credit on reactivation, a returning user gets the reclaimed amount back.
The Services assume that every wallet holds credit you funded. If you let your users buy credit with their own money, that credit is treated in every respect as yours, including the reclaim on offboarding, and settling with the user is your responsibility. Unspent credit ends with your store: when a store's subscription ends or the store is deleted, its credit is forfeited and not refunded, so spend or transfer it before then.
Swag Guarantee
Lost Shipments: If your order does not arrive at its intended destination, we've got you covered. We will either refund your purchase in full or re-ship the items at no additional cost. To qualify, please notify us within 25 days of receiving your tracking information by contacting us at support@jaapi.store.
Exemption: Please note that this guarantee does not apply if the shipment is delayed, held, or refused at customs. It is the recipient's responsibility to ensure that the items comply with the import regulations of their country.
Faulty Products: We guarantee the quality of our products, including their size, material quality, and decoration. If your item is defective in any way, we will offer a full refund or a re-shipment. To process your claim, please send us a picture of the faulty item and a description of the issue within 25 days of receiving the product.
Returns Policy At Jaapi, all of our products are custom-made and printed on demand to your exact specifications. As a result, we do not offer returns or exchanges on any orders. Please always refer to our size guides before ordering any apparel for each product.
If there is an issue with your order—whether it's a defect, misprinted or it didn't reach you—please contact us at support@jaapi.store within 25 days of receiving your item or your tracking details. We will work with you to resolve the issue promptly.
Term and Termination
The agreement is valid from the date you ask us to open an Account and continues to be valid during the subscription period. Each store has its own subscription, and its "Subscription Period" is the billing interval you chose when subscribing to it, one month or one year. At the end of each Subscription Period, a store's subscription will be automatically renewed for the same Subscription Period.
A store's subscription will, however, not be renewed if you terminate it no later than 14 days before the end of its current Subscription Period. The 14-day rule does not apply to a termination under "Changes and Addition", under "Defects and delays beyond our control" or under the Data Processing Agreement's sub-processor objection (section 7.2); those take effect on the date you state and are refunded as "Refunds" provides.
You may terminate a store's subscription by going to the Site and follow the instructions given there or by contacting us via our Contact Information. Upon termination, your right to access the Services for that store will be revoked, and its unspent store credit is forfeited as "Store credit" provides. We delete the personal data in your store as the Data Processing Agreement provides, and the personal data we hold about you as our customer as the Privacy Policy provides, except what we are required to keep by law. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
Termination from our side We reserve the right to terminate or limit the Services if you:
- materially breach or otherwise violate these Terms or any other provisions set up by us;
- use the Site in any way that does not comply with the intended purposes or is otherwise harmful for us or any third person;
- in our reasonable opinion, use the Site in violation of any applicable law; or
- are late in payment.
Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.
Liability and Limitation of Liability
Disclaimer of warranties Except as expressly provided for in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services will be uninterrupted, timely or error-free.
Limitation of liability
Neither party is liable to the other for loss of contracts, loss of reputation or goodwill, loss of profit, revenue, anticipated savings or business, or for indirect or consequential loss, arising out of or in connection with these Terms.
Each party's total liability to the other for all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited per store to the fees paid or payable for that store's subscription in the twelve months before the event giving rise to the claim (the "Cap"). For a store used under a trial or otherwise free of charge, the Cap is the list price of a yearly subscription for that store. Purchases of merchandise are not part of the Cap; our liability for merchandise is the refund or re-shipment the "Swag Guarantee" provides, in addition to any rights the law gives the buyer that cannot be excluded.
For a breach of the Data Processing Agreement or of data protection law, the Cap is twice the amount above. A data subject's right to compensation under Article 82 GDPR is unaffected.
Nothing in these Terms limits or excludes either party's liability for intent or gross negligence, for death or personal injury caused by its negligence, for a breach of "Confidentiality", or for its obligations under "Indemnification". The free-of-charge rule above does not limit our obligations under the Data Processing Agreement.
A claim under these Terms must be notified to the other party in writing, describing the loss as far as it is then known, within six months of the claiming party becoming aware of it. This deadline does not apply to claims under the Data Processing Agreement or data protection law.
Indemnification
You agree to defend, indemnify and hold harmless Jaapi, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to:
- any Content submitted or posted by you in connection with the Services or on the Site;
- fraud you commit or your intentional misconduct or gross negligence in connection with the Services; or
- your violation of any applicable law or rights of a third party.
We agree to defend, indemnify and hold you harmless from and against third-party claims, and the expenses they cause including legal fees, that the Site or the Services as provided by us infringe a third party's intellectual property rights. This does not cover claims arising from your Content, from your use of the Services in breach of these Terms, or from a combination of the Services with something we did not provide. If such a claim is made, we may modify the Services so that they no longer infringe, obtain the right for you to continue using them, or, if neither is reasonably possible, terminate the affected store's subscription and refund the fees paid in advance for the period after the termination.
For either indemnity, the indemnified party notifies the other promptly in writing of the claim, gives it control of the defence and settlement, and assists reasonably at the indemnifying party's expense. The indemnifying party may not settle a claim in a way that admits fault on behalf of the indemnified party without its consent.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
Confidentiality
During the term of these Terms and thereafter, the parties undertake not to disclose to any third party the non-public information they have learned from each other as a result of these Terms, whether written or oral and irrespective of form, including the commercial terms agreed between them ("Confidential Information"). These Terms themselves, the Data Processing Agreement and the Privacy Policy are public and are not Confidential Information.
The parties agree and acknowledge that the Confidential Information may be used solely for the fulfillment of the obligations under these Terms and not for any other purpose. The receiving party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.
The confidentiality undertaking above shall not apply to any Confidential Information that the receiving party can establish is or becomes available to the public (otherwise than by breach of these Terms or any other confidentiality undertaking).
The parties also undertake to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force 3 years after the termination of the Services.
Changes and Addition
We may modify these Terms and the Data Processing Agreement. A change that alters a right or an obligation is announced by a notice shown to your administrators on the Site, with the change to review, which stays until one of them acknowledges it. The notice states the date the change takes effect, which is at least 30 days after the notice is first shown. If you object to the change, you may terminate the subscription of each affected store before that date by contacting us, and we refund the fees paid in advance for the period after the termination. Continuing to use the Services after the effective date is acceptance of the change. A change that does not alter a right or an obligation, such as a correction or a clarification, takes effect when it is posted. The latest version of the Terms is always available on the Site.
All new functionalities, features and content introduced and added to the Services or the Site will be subject to what is stipulated in the Terms.
Complaints and Customer Support
If you have any complaints, you may contact our support department at support@jaapi.store.
Personal Data and Privacy
You are the data controller for the personal data we process on your behalf in providing the Services, and we are your data processor. We process that data under the Data Processing Agreement, which forms part of these Terms and prevails over them on matters of data protection. A data processing agreement signed by both parties prevails over the Data Processing Agreement.
The Data Processing Agreement lists our sub-processors by reference to the vendor register at https://trust.jaapi.com/vendors and sets out how we notify you of changes to it and how you may object.
How we process personal data, including the personal data we control about you as our customer, is described in our Privacy Policy.
Property and Intellectual Property Rights
Our rights
The Site is owned and operated by Jaapi. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our prior written consent.
Licence to you
Jaapi grants you a non-exclusive, non-transferable licence to use the Site and the Services during the term of this agreement for the purpose of operating your store and purchasing merchandise for your organization and the people you give access to it. Upon expiry or termination of this agreement, this licence ends.
Your Content
You keep all rights to your Content. You grant Jaapi a non-exclusive, royalty-free, worldwide licence to reproduce, adapt and display your Content to the extent needed to provide the Services: to show it in your store and in product previews, to place it on merchandise, and to pass it to the manufacturing supplier producing an order so that the supplier can produce and deliver it. This licence lasts as long as we provide the Services to you, and thereafter only for orders already placed and for the records we must keep by law. We do not use your Content for any other purpose, including naming you as a customer or showing your logo in our marketing, without your consent.
You warrant that you own or hold the rights to your Content, that our use of it as described here infringes no third party's rights, and that it complies with the section "Your Obligations" above. We may refuse or remove Content that we reasonably believe breaches this warranty.
Respect for our property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source codes or information for any purposes.
Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our prior written consent.
Assignment
Assignment means transferring these Terms, or rights or obligations under them, to another party that takes the assigning party's place. Either party may assign to an affiliate or to a successor to all or substantially all of its business, on written notice to the other party. Any other assignment needs the other party's prior written consent, which is not unreasonably withheld. We give you at least 30 days' notice of an assignment on our side; because it changes who processes your store's data, you may object to it and terminate as the Data Processing Agreement's sub-processor objection (section 7.2) provides, with the same refund.
Engaging a manufacturing supplier, a carrier, a sub-processor or another subcontractor to perform an obligation for us is not an assignment and needs no consent under this section: we engage them as we see fit and remain liable for their performance as for our own. Where a subcontractor processes personal data, its engagement is governed exclusively by the Data Processing Agreement's sub-processor section (section 7).
Applicable Law and Disputes
Swedish law shall apply to these Terms. Any dispute, controversy or claim arising out of or in connection with these Terms shall be settled by a general court in Sweden.
Company Information
Jaapi AB is an entity registered in Sweden with its address at Asplyckevägen 32, 41729 Gothenburg.