These Terms and Conditions (“Terms”) govern your use of the Jokely mobile application and related services (the “App”), operated by Mikhail Aizinov (“we,” “us,” or “our”). By downloading or using the App, you agree to these Terms. Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and store personal data.
2.1. Your Content (User Content)
You retain full ownership of all jokes, notes, audio recordings, and other content you create or upload to the App (“User Content”). We claim no ownership rights over your User Content.
2.2. License to Us
By using the App, you grant us a limited, non-exclusive, worldwide license to host, store, backup, and display your User Content solely for the purpose of providing and improving the App. This license ends when you delete your content or your account.
The App may include Artificial Intelligence (AI) features. By using them, you acknowledge that:
Certain features are available via paid subscription:
You agree not to use the App to:
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease.
We may also remove or disable access to any User Content at our sole discretion, including content that violates these Terms or applicable laws.
We do not guarantee that User Content will be backed up or retrievable at all times. We are not liable for any loss of data caused by server errors, app malfunctions, or user actions.
By using the App, you represent and warrant that you are at least 13 years old (or 16 years old if you reside in the EU) and have the legal capacity to enter into this agreement.
The App is provided on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee that the App will be error-free, secure, or available at all times. You use the App at your own risk.
To the fullest extent permitted by law, Jokely (Mikhail Aizinov) shall not be liable for any indirect, incidental, or consequential damages, including loss of data or profit. Our total liability to you shall not exceed the amount you paid to us in the last 12 months, or $50 USD, whichever is greater.
You agree to indemnify, defend, and hold harmless Jokely and its owner from any claims, damages, liabilities, or expenses (including legal fees) arising from your User Content or your use of the App in violation of these Terms.
If you provide us with any feedback or suggestions, we may use them freely without any obligation or compensation to you.
You acknowledge that these Terms are between you and us, and not with Apple Inc. or Google LLC. These third parties are not responsible for the App or its content. However, they are third-party beneficiaries of these Terms and have the right to enforce them against you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Significant changes will be communicated via in-app notifications or email. By continuing to access or use the App after the effective date of revisions, you agree to be bound by the updated Terms.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms shall be governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. Exclusive jurisdiction for any disputes shall be in the courts of Berlin, Germany.
If there is a conflict between translated versions of these Terms, the English version governs.
If you have any questions about these Terms, please contact us at: jokely@jokelyapp.com