Terms & Conditions

These Terms and Conditions ("Terms") are a contract between Jam Content Pty Ltd, a company registered in New South Wales, Australia ("Jam", "we", "us") and the business or person that creates a Jam account ("you", the "Customer"). By creating an account, clicking to accept, or using the Services you agree to these Terms, the Privacy Policy and the Cookie Policy. If you accept on behalf of a company you confirm you are authorised to bind it. If you do not agree, do not use the Services.

Jam is a business tool. You must be at least 18 years old and using the Services for business or professional purposes. Where a separate signed agreement, order form or enterprise agreement exists between you and Jam, it prevails over these Terms to the extent of any inconsistency.

• Services: the Jam web application, mobile and desktop apps, APIs, share links, upload forms, public galleries, Link in Bio pages, embeds, and related support.
• Workspace: a Customer's tenant in Jam, including sub-workspaces in the same organisation.
• User: a person you invite to a Workspace, under any role.
• Customer Content: everything you or your Users upload, create, import, connect or generate in a Workspace, including media, designs, captions, form submissions, social account data and anything Jam derives from it (tags, transcripts, face templates, person groups, AI output).
• Contributor: a person who submits content to you through a Jam form or review link.
• Audience: a person who views a gallery, Link in Bio page, shared calendar, shared analytics or embed you publish, or who interacts with your connected social accounts.
• Platforms: third-party services you connect to Jam, such as Meta, TikTok, LinkedIn, X, Pinterest, YouTube, Google, Shopify, Dropbox, Microsoft 365, Canva and Unsplash.

• You must give accurate account details and keep them current.
• You are responsible for everything done in your Workspace by your Users, and for keeping credentials confidential. Tell us at once at hello@jamcontent.com if you suspect unauthorised access.
• Workspace Owners and Admins control roles, permissions, integrations, share surfaces and the People feature. Jam acts on instructions given by any User with the relevant permission.
• You may not share one login between several people, use another person’s account, or create accounts by automated means.

The People feature detects faces in your media and groups them so your Users can name them. It creates biometric data about the people in your content. Annex B sets out the conditions on which we provide it; in short:

• Jam detects and groups faces automatically as part of organising your library. Labelling is opt-in and manual: no one is identified unless one of your Users, or a Contributor you invite, chooses to put a name to a group. A Workspace Owner can ask us to switch off face grouping for the Workspace at any time.
• Jam never names anyone. Names are assigned only by your Users, or by Contributors you invite to name faces in their own uploads.
• Before enrolling anyone you must have the notices, consents and, where required, written releases that the law of the place where you and they are located requires.
• You may not use People for surveillance, law enforcement, employment or credit decisions, to identify people in content you have no right to process, or on content depicting children without parental consent.
• We retain and destroy face templates under the schedule in the Privacy Policy, Annex A, and never sell or disclose them.

• Forms, galleries, Link in Bio pages, shared calendars, shared analytics, review links and embeds are published under your name and brand. You are the controller of the personal information collected on them and must provide your own privacy notice and terms to the people who use them.
• You must not use forms to collect sensitive information (health, biometrics, government identifiers, financial account numbers) unless you have a lawful basis and tell us first.
• Jam does not load its own analytics or advertising tags on these surfaces. If you embed them in your own site, your site’s cookie notice governs that page.
• Public galleries may offer “Find my photos”, which compares a visitor’s selfie against the faces in that gallery with the visitor’s consent. Enable it only where your own notice to the people photographed covers it.
• Custom domains you connect remain yours; you authorise us to issue certificates and serve the Services on them.

When you connect a Platform you authorise Jam to act on that account on your behalf, within the permissions you grant, and you agree to that Platform's own terms. We are not responsible for a Platform's availability, rate limits, policy changes or the removal of content it hosts. Your use of YouTube features is also subject to the YouTube Terms of Service, and our handling of Google data follows the Google API Services User Data Policy, including its Limited Use requirements. Publishing to a Platform makes the content subject to that Platform's rules; we cannot recall it.

• Caption drafting, inbox reply drafts, AI image edits, AI Fill, Meaning Search, transcripts and similar features are generated by machine-learning models, some run by third-party providers listed in the Privacy Policy, section 7.1.
• AI output may be inaccurate, incomplete, biased or similar to output produced for others. You must review it before relying on it or publishing it, and you are responsible for what you publish.
• You own the AI output created from your Customer Content to the extent the law allows. We make no claim to it, and we do not warrant that it is free of third-party rights.
• You must not use AI features to create content that is deceptive, defamatory, infringing, sexual, violent, hateful, or that misrepresents a real person, including by editing a person’s likeness without their consent.
• Inbox automations and AI drafts send messages only under rules you set. You are responsible for ensuring automated messages comply with the Platform’s rules and applicable marketing and spam laws.

You must use the Services lawfully and in line with the Acceptable Use Policy in Annex A, which forms part of these Terms.

• For Customer Content you are the controller (or business) and Jam is your processor (or service provider). The data processing terms in Annex C apply and, where the EU or UK GDPR applies, incorporate the Standard Contractual Clauses and the UK Addendum for transfers to Jam.
• For your account, billing, support and usage data, Jam is the controller as described in the Privacy Policy.
• We maintain the security measures described in the Privacy Policy, section 10, and will notify you without undue delay, and in any case within 72 hours of confirming it, of a personal data breach affecting your Customer Content.
• We engage the sub-processors listed in the Privacy Policy, section 7.1, and give 30 days’ notice of additions that handle Customer Content. You may object on reasonable data protection grounds; if we cannot resolve the objection you may terminate the affected Services for a pro-rata refund of prepaid fees.
• On request we will help you respond to requests from individuals and to regulators, and will provide information reasonably needed for your own compliance assessments.

The Services, including software, design, documentation, templates and trade marks, belong to Jam and its licensors. You receive a limited, non-exclusive, non-transferable right to use them under these Terms. You may not copy, modify, reverse engineer, resell or build a competing product from the Services. If you give us feedback or suggestions, we may use them without obligation to you. Fonts you upload must be licensed for your use; you confirm this on upload.

Features labelled beta, preview, early access or similar (for example Jam Desktop Sync for Mac) are provided as-is for evaluation, may change or be withdrawn without notice, may contain defects, and are excluded from any service commitments. Use them with care and keep copies of your data.

• You may cancel at any time in Settings, Billing, or by emailing hello@jamcontent.com. Cancellation takes effect at the end of the current billing term.
• We may suspend or terminate access, after notice where practicable, if you materially breach these Terms, fail to pay, create a security or legal risk, or if a Platform or regulator requires it. We will lift a suspension once the cause is resolved.
• We may terminate for convenience with 60 days’ notice and a pro-rata refund of prepaid fees.
• After termination your Workspace is read-only for 30 days so you can export Customer Content, after which it is deleted under the Privacy Policy retention schedule (section 9). Sections that by their nature should survive (fees owed, content warranties, liability, indemnities, governing law) survive termination.

We will provide the Services with reasonable care and skill and substantially as described. Otherwise, to the extent the law allows, the Services are provided "as is" and we exclude all other warranties, including fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted or error-free, that AI output will be accurate, or that Platforms will accept every post.

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) or similar law that cannot lawfully be excluded. If such a guarantee applies and the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of the guarantee is limited, at our option, to resupplying the Services or paying the cost of resupply. Similar non-excludable rights of consumers in the EU and UK are likewise preserved.

• Neither party is liable for indirect, consequential or special loss, loss of profit, revenue, goodwill, data or business opportunity, however arising, even if advised of the possibility.
• Unless stated otherwise in your enterprise service agreement with Jam, each party’s total liability under or in connection with these Terms is limited to the fees you paid to Jam in the 12 months before the event giving rise to the claim.
• These limits do not apply to liability that cannot be limited by law, to death or personal injury caused by negligence, fraud, a party’s breach of the Acceptable Use Policy or of Annex B, your payment obligations, or either party’s indemnities.

You will defend and indemnify Jam, its directors, employees and contractors against third-party claims, regulatory fines and reasonable costs arising from Customer Content, your use of the People feature or AI features in breach of these Terms, your Contributors and Audiences, or your breach of law. Jam will defend and indemnify you against third-party claims that the Services, used as permitted, infringe that party's intellectual property rights, and may modify or replace the Services or terminate and refund prepaid fees to resolve such a claim. The indemnified party must notify promptly, give control of the defence and cooperate reasonably.

We improve the Services continuously and may add, change or retire features; our changelog records what shipped. We will not materially reduce the core functionality of your paid plan during a billing term without a pro-rata refund option. We may update these Terms; for material changes we give at least 30 days' notice by email and in the app, and continued use after the effective date is acceptance. If you do not agree, cancel before the change takes effect.

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts. Before starting proceedings each party will try in good faith to resolve a dispute by discussion between senior representatives for 30 days. Nothing in this section prevents either party seeking urgent injunctive relief, or deprives a consumer in the EU or UK of the protection of mandatory local law or of the right to bring proceedings in their home courts.

• These Terms, the Privacy Policy, the Cookie Policy and any order form are the entire agreement and replace all earlier terms.
• You may not assign these Terms without our consent; we may assign them to a successor of our business with notice.
• Neither party is liable for delay caused by events beyond its reasonable control, including Platform outages.
• If any provision is unenforceable it is severed and the rest continues. A waiver must be in writing.
• Notices to Jam go to hello@jamcontent.com; notices to you go to the Owner’s email address on the account.

• Email: privacy@jamcontent.com
• Post: Jam Content Pty Ltd, 7 Mitchell St, Marrickville NSW 2204, Australia

You must not, and must not allow your Users, Contributors or Audiences to, use the Services to:

• upload, publish or send content that is unlawful, defamatory, harassing, hateful, sexually explicit, depicts child abuse, promotes violence or terrorism, or infringes intellectual property, privacy or publicity rights;
• send spam, unsolicited messages or automated replies in breach of Platform rules or the Spam Act 2003 (Cth), CAN-SPAM, PECR or similar laws;
• impersonate any person or organisation, or misrepresent the origin of content, including by AI-edited likenesses;
• scrape, harvest or bulk-collect personal information about people, or build profiles of individuals across sources;
• use face recognition for surveillance, law enforcement, employment, housing, credit or insurance decisions, or to identify people in content you do not have the right to process;
• interfere with the Services, probe or test their security without written permission, bypass limits, or access another customer’s Workspace;
• use automated tools to access the Services except through documented APIs and integrations;
• resell or provide the Services to third parties except as an agency managing client Workspaces under these Terms;
• upload malware or content that could damage the Services, Platforms or other users.

We may investigate suspected breaches, remove content, suspend Workspaces and report illegal content to the authorities.

The People feature creates face templates, which are biometric identifiers under the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, Washington's biometric law, the CPRA, the EU and UK GDPR (special category data) and the Australian Privacy Act (sensitive information). We provide it on the following conditions.

1. Automatic grouping, opt-in labelling. Jam detects and groups faces automatically when media is uploaded, without attaching any identity. Labelling a group with a name is a manual, opt-in act by your Users or Contributors, and by labelling anyone you confirm on your behalf that you have read and accept this Annex. A Workspace Owner may ask us to switch off face grouping for the Workspace at any time; switching it off triggers deletion of the Workspace's face templates.
2. Lawful basis and consent. Before any photo or video is processed with People enabled you must have a lawful basis to create biometric data about each person likely to appear in it. In the EU, UK and Australia that means explicit, informed consent; in Illinois, Texas and Washington it means the written release or notice-and-consent those statutes require; in other US states it means the consent required for sensitive data. Employees, event attendees, customers and members of the public are all covered.
3. Notice. Your privacy notice to the people in your content, your Contributors and your Audience must disclose that faces are detected and grouped, the purposes, the retention period, and how to request deletion. Where you enable Find my photos on a gallery, the notice must cover that too.
4. Names only from you. Jam does not identify anyone. You are responsible for the accuracy of names your Users and Contributors assign, and for correcting or removing wrong matches promptly.
5. Prohibited uses. You must not use People, or data derived from it, for surveillance or monitoring of individuals, law enforcement or government identification, employment, housing, credit, insurance or similar decisions, to track people across contexts, on content depicting children without verifiable parental consent, or on content you do not have the right to process.
6. Individual requests. You must honour requests from people in your content to know whether their face has been processed and to have it deleted, within the time the law requires. Jam will forward to you any such request it receives and will help you comply.
7. Records. Keep records of the consents you rely on and provide them to Jam on reasonable request where needed to respond to a regulator or a claim.
8. Jam's commitments. Jam will process face templates only as your processor and only for the purposes in the Privacy Policy, section 4; will not sell, lease, trade or otherwise profit from them; will store them at least as securely as other confidential information; and will retain and destroy them under the published schedule in the Privacy Policy, Annex A.
9. Breach of this Annex is a material breach of these Terms. Jam may disable People for your Workspace immediately on becoming aware of a breach.

These terms apply to personal data in Customer Content that Jam processes on your behalf, to the extent the EU GDPR, UK GDPR, Australian Privacy Act, CCPA/CPRA or similar law applies.

1. Roles. You are the controller or business; Jam is the processor or service provider. Subject matter: providing the Services. Duration: the term of the agreement plus the deletion period. Nature and purpose: hosting, organising, editing, publishing and analysing Customer Content as you direct. Data subjects: your Users, Contributors, Audience and people depicted in your content. Data types: as described in the Privacy Policy, section 3, including biometric data where you enable People.
2. Instructions. Jam processes Customer Content only on your documented instructions, which include these Terms and your configuration of the Services, unless the law requires otherwise, in which case Jam will tell you first where permitted.
3. Confidentiality. Jam ensures its personnel with access are bound by confidentiality and access Customer Content only to provide support you request or to investigate abuse.
4. Security. Jam implements the measures described in the Privacy Policy, section 10, and reviews them regularly.
5. Sub-processors. You authorise the sub-processors in the Privacy Policy, section 7.1. Jam imposes equivalent data protection obligations on each and remains responsible for their performance. Jam gives 30 days’ notice of changes and you may object as set out in section 11.
6. Assistance. Jam assists you, by appropriate technical and organisational measures, with responding to data subject requests, security, breach notification, impact assessments and regulator consultations, at reasonable cost where the assistance is extensive.
7. Breach notification. Jam notifies you without undue delay, and within 72 hours of confirming, of a personal data breach affecting Customer Content, with the information you need for your own notifications.
8. Deletion and return. On termination Jam makes Customer Content available for export for 30 days, then deletes it, including face templates, under the Privacy Policy retention schedule (section 9), unless the law requires retention.
9. Audit. Jam makes available information necessary to demonstrate compliance, including its most recent security assessments, and allows audits by you or an independent auditor you mandate, once a year on 30 days’ notice, at your cost, under a confidentiality agreement.
10. International transfers. Where Customer Content is transferred from the EEA, UK or Switzerland to Jam in Australia or to sub-processors elsewhere, the parties enter into the EU Standard Contractual Clauses (Module 2, controller to processor, and Module 3 where Jam onward-transfers) and the UK International Data Transfer Addendum, which are incorporated by reference, with you as data exporter and Jam as data importer, the optional docking clause enabled, Option 1 of Clause 9 with 30 days’ notice, the governing law and forum of Ireland for Module 2, and Annex I and II completed by these terms and the Privacy Policy.
11. CCPA/CPRA. Jam is a service provider. It will not sell or share personal information, retain, use or disclose it outside the direct business relationship or for any purpose other than the business purposes in these Terms, or combine it with personal information from other sources except as permitted. Jam certifies that it understands these restrictions and will notify you if it can no longer meet them.