1. Welcome to Ajolla!
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the app or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Ajolla after a change, means you accept the new terms.
Ajolla is for your personal, non-commercial use, except as explained in section 4 and section 5 below.
2. About Creating an Account
To sign up for an Ajolla account, you need to be 13 or over. You’re responsible for your account and all the activity on it.
You cannot browse Ajolla without registering for an account and to use some of Ajolla functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should report it to email@example.com.
To sign up for an account, you need to be at least 13 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
3. Things You Definitely Shouldn’t Do
This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
Ajolla is built for Millions of people to use. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the app:
We also need to make sure that the app is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
4. How campaigns Work
Ajolla provides a donation platform for entrepreneurial campaigns. When an entrepreneur posts a campaign on Ajolla, they’re inviting other people to form a contract with them. Anyone who supports a campaign is accepting the entrepreneur’s offer and forming that contract.
Ajolla is not a part of this contract — the contract is a direct legal agreement between entrepreneurs and their donors. Here are the terms that govern that agreement: When a campaign has received a donation, the entrepreneur should complete the project being funded and should fulfill any reward promised. Once an entrepreneur has done so, they’ve satisfied their obligation to their donors.
Throughout the process, entrepreneurs owe their donors a high standard of effort, honest communication, and a dedication to bringing the business to life. At the same time, donors must understand that when they support a campaign, they’re sometimes helping to create something new — not always supporting something that already exists. There may be changes in circumstances, and there’s a chance something could happen that prevents the entrepreneur from being able to finish the campaign as promised.
If an entrepreneur is unable to complete their campaign, they’ve failed to live up to the basic obligations of this agreement.
To right this, they must make every reasonable effort to find another way of bringing the campaign to the best possible conclusion for donors. An entrepreneur in this position has only remedied the situation and met their obligations to donors if:
The entrepreneur is solely responsible for fulfilling the promises made in their campaign. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by donors.
5. How Funding Works
This section goes over the details of supporting and creating campaigns — things like how money gets collected, whether donations can be changed or canceled, and how entrepreneurs can contact donors to provide rewards if applicable.
These are the terms that apply when you’re supporting a campaign:
These are the terms that apply when you’re creating a campaign:
6. Stuff We Don’t Do and Aren’t Responsible For
We don’t oversee campaigns’ performance, and we don’t mediate disputes between users.
Ajolla isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of campaigns, and we don’t endorse any content users submit to the app. When you use the Services, you release Ajolla from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
7. Our Fees
Ajolla is free to sign up and free to create a campaign. We charge a 5.5% commission fee (plus payment partner fee).
Creating an account on Ajolla is free. The following fees will be collected from your funding total: ajolla’s 5.5% fee, and payment processing fees.
Ajolla fee 5.5% of total funds raised
Payment processing fees 2.9% + $0.20 per donation
If you create a campaign that is successfully funded, we (and our payment partners) collect fees.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our app. Some funds donated by donors are collected by payment providers. Each payment provider is its own company, and Ajolla isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of Ajolla.
8. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Ajolla may contain links to other websites or apps. (For instance, campaign pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Ajolla partners with other companies (such as Stripe for payment processing). When you support or create a campaign, you’re also agreeing to the payment processor’s terms of service.
9. Your Intellectual Property
We don’t own the stuff you post on Ajolla. But when you post it, you’re giving us permission to use or copy it however we need it in order to run the app or show people what’s happening on it. (We generally just use this to promote campaigns and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching for us that it’s all okay to use.
Ajolla doesn’t own the content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a campaign for review or launch a campaign, you agree to these terms:
10. Ajolla Intellectual Property
The content on Ajolla is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Ajolla Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the app. You also agree not to change, translate, or otherwise create derivative works of the Service.
Ajolla grants you a license to reproduce content from the Services for personal use only. This license covers both Ajolla's own protected content and user-generated content on the app. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Ajolla or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
11. How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Ajolla complies with the DMCA, and we respond to notices of the alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers.
(We do this when appropriate and at our sole discretion.)
Attn: Copyright Agent
12. Deleting Your Account
You can delete your account at any time. Deleting your account won’t automatically make some content you’ve already posted go away.
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a campaign, deleting your account will not automatically remove the campaign from the Site.) You can contact us at firstname.lastname@example.org for additional information or to request campaign page deletion (this is not available in all circumstances).
13. Our Rights
To operate, we need to be able to maintain control over what happens on our app. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
Ajolla reserves these rights:
Ajolla is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
14. Warranty Disclaimer
We work hard to provide you with great services, but we can’t guarantee that everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
Ajolla SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Ajolla SHALL CREATE ANY WARRANTY.
If you do something on Ajolla that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Ajolla. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
16. Limitation of Liability
If something bad happens as a result of your using Ajolla, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Ajolla, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement of substitute goods or services; or (iii) for any conduct or content of any third party on the app. In no event shall Ajolla liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
17. Dispute Resolution and Governing Law
We’re located in Chicago, and any disputes with us have to be handled in Chicago under Illinois State law.
We at Ajolla encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Illinois and the United States, without giving effect to any principles of conflicts of law, and without application of the electronic commerce act or the United Nations Convention of Controls for International Sale of Goods. You agree that Ajolla and its Services are deemed a passive website that does not give rise to jurisdiction over Ajolla or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Illinois. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Ajolla, shall be filed only in the province or federal courts located in Chicago or in the State of Illinois, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
18. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Ajolla!
These Terms and the other material referenced in them are the entire agreement between you and Ajolla with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Ajolla with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Ajolla to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Ajolla prior written consent. Ajolla has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Ajolla will provide you a notice via email, written notice, or by conspicuously posting the notice on our app.