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Terms Of Use

1. General

1.1 This Agreement governs your use of this web site and its associated services (the "Web Service"), including interactive chat and forum discussion and blog areas (the "Interactive Areas"), which are owned and operated by JOEYUN Services Inc., the operator of the Jibbio.com website and its subsidiaries, affiliates, divisions and related companies ("JOEYUN Services Inc.").

1.2 JOEYUN Services Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by JOEYUN Services Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.

2. Use of Web Service

2.1 You may not remove or modify any program markings or any notice of Jibbio’s proprietary rights;

2.2 You may not make the Jibbio programs or materials resulting from the services available in any manner to any third party for commercial purposes or for use in the third party’s business operations;

2.3 You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Jibbio;

2.4 You may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, Jibbio programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following:

-the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one business or organization;

-except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and

-you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.

3. Use and Restrictions

3.1 Use and Restrictions. Subject to the terms and conditions of this Agreement, you may access and use the Jibbio Web Services only through the login protocols provided to you, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by the Service Provider.

3.2. You will exercise and ensure that standards are in place to secure your login credentials by protecting password(s) and access to those that need to know.

3.3 You will be granted authorized login protocols for the Web Services, and you agree not to use the Web Services in excess of your authorized login protocols. You agree not to access (or attempt to access) the Web Services by any means other than through the login protocols we provide. You agree not to access (or attempt to access) the Web Services through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out on the Web Services.

3.4 You are not authorized to use our Web Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.

Acceptable Use Policy (AUP)

This AUP is a guideline and is not an all-inclusive listing of prohibited conduct. JOEYUN Services Inc. reserves the right, in its discretion, to change or modify all or any part of this AUP at any time, effective immediately upon publication of this AUP.

A blog posting may not contain or be linked to any "Objectionable Content". Objectionable Content means any content that:

1. Infringes upon any copyright, trademark, trade secret or patent of any third party;

2. Violates any obligation of confidentiality;

3. Violates the privacy, publicity, moral or any other right of any third party;

4. Is hateful or obscene; 5. is being used to harass, stalk or otherwise threaten a person;

6. Is libellous, defamatory, knowingly false or misrepresents another person; or

7. Is threatening, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities or otherwise contains materials that JOEYUN Services Inc. informs the user that it considers objectionable.

JOEYUN Services Inc., in its sole discretion, will determine what constitutes "Objectionable Content" under this AUP.

When posting to a blog, a user must also:

1. Continue the general topic that is the focus of the blog;

2. Ensure that all postings made by the user are original materials created by the user, unless proper attribution is given to a third party;

3. Not post any advertising or promotional content for themselves or any third party;

4. Not accept any compensation from a third party for placing any content in a posting;

5. Disclose all affiliations or relations necessary so that postings are not deceptive or misleading (i.e., if you are commenting upon a company and work for that company, then this should be disclosed);

6. Not knowingly link to any downloadable applications or other content which may be harmful to another user's computer;

7. Ensure that all opinions and statements are representative of the user's honest views; and

8. Not offer legal, financial or medical advice.

Any violations of this Acceptable Use Policy should be sent to abuse@jibbio.com

4. Managing Content

JOEYUN Services Inc. does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, JOEYUN Services Inc. reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. JOEYUN Services Inc. shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. Email Sending Policy

Jibbio, alongside the global anti-spam community (e.g. email service providers, ISPs) is in a continual war against spam. Every day there are email senders that impersonate legitimate brands and/or try to phish personal information from contacts.

There are standard SPAM laws set up in many countries, and for additional measure, Jibbio has set forth its own rules to protect the reputation of our service and our clients. Moreover, it also helps improve the deliverability of emails using our service by building a strong sending reputation.

Failing to observe these rules will result in your Jibbio account being terminated without prior notice.

In the chart below, Jibbio utilizes these core statistics as reference when reviewing email accounts and sending practices when using the Jibbio Email Marketing application.

Please familiarize yourself with this the information and work to stay below the acceptable thresholds. Jibbio accounts with statistics above these numbers can face account termination.

Statistics Threshold Acceptable Levels
Bounces ≤ 7%
Unsubscribes ≤ 1.5%
Blocks ≤ 30%
Spam Complaints ≤ 0.07%
Spamtrap hits & Unjustified abuse complaints ≤ 1%


*Jibbio reserves the right to update the parameters of the acceptable sending threshold without prior notice.

Core Statistics defined:
  • Bounces – When a destination email address (recipient) cannot accept the incoming message (you), it gets returned back to the sender. Bounced messages are returned to sender because the recipient’s email address is either incorrect or inactive.
  • Unsubscribes – Recipients that opt-out of receiving communication because they no longer want to receive communication from you.
  • Blocks – Messages that do not leave Jibbio servers due to a permanent error. These are email addresses that bounced in the past as a result of being invalid or non-existent, or previously reported your message(s) as spam. This also includes email addresses that resulted in complaints from recipients or did not pass through Jibbio’s spam filters.
  • Spam Complaints – Number of recipients that marked your message as spam.
  • Spamtrap Hits – After a certain amount of inactivity, webmail providers turn email addresses into spam traps to catch senders that are using outdated lists or lists purchased, and/or obtained from third-party companies.
  • Unjustified Abuse Complaint – When a recipient reports a sender for messaging without their consent.

8 Rules

Below are 8 rules that you are to comply with to maximize your deliverability rates and to avoid account termination.

1 – SENDING METRICS TO REMAIN WITHIN JIBBIO’S THRESHOLDS

Regular maintenance of your contact list will ensure that you are messaging an engaged audience with active email addresses. While it can vary from business to business, a good benchmark for an engaged customer is someone who has opened or clicked on an email in the past 3 to 6 months. Maintaining a list of customers who regularly read your content and find value in your messaging will result in less bounced or blocked emails. While the process of removing inactive or incorrect email addresses may make your contact list look smaller, it will significantly improve your deliverability (and sender reputation) in the long run. Other things to keep in mind for good practices are writing subject lines that are reflective of the content within the emails, and avoiding promotional terms or common spam words.

2 – ACQUIRING OR SENDING TO THIRD-PARTY MAILING LISTS IS PROHIBITED

Sending campaigns to contact lists that have been acquired (e.g. purchased or exchanged) from a third party will negatively impact deliverability and is strictly prohibited. As a result, email addresses must always be acquired in a way where the recipient has explicitly opted in to receive communication from you.

Use of lists that are bought, rented or scraped from third-parties is prohibited by law in most countries, and is absolutely prohibited on Jibbio servers.

3 – EMAILS (EXCEPT TRANSACTIONAL) CAN ONLY BE SENT WHERE PERMISSION HAS BEEN EXPRESSLY OBTAINED IN NATURE, AND IT CAN ONLY BE SENT TO RECIPIENTS WHO HAVE EXPLICITLY GRANTED PERMISSION TO RECEIVE THEM

All of your contacts should have granted explicit and provable consent to receive communication. This consent should be granted through a confirmed “double” opt-in system that clearly expresses the topic of the subscription on an online or offline form via a checkbox. This checkbox must not be checked by default. In other words all check boxes have to be blank by default, leaving users the opportunity to willingly opt-in to receive communication.

4 – PROOF OF CONSENT MUST BE PROVIDED IN THE EVENT OF AN ABUSE COMPLAINT

Jibbio takes escalated abuse complaints received from recipients very seriously. By using Jibbio’s services, you are agreeing to comply with our requirement to target only contacts who have granted explicit and provable consent to receive communication.

At any given moment, you must be able to provide the following information regarding all email addresses to which you’ve sent emails through Jibbio:

When and how has this email address been collected?
  • Date and time
  • Lottery/Sweepstakes participation?
  • Newsletter subscription?
  • Existing customer relationship?
  • Other
In case of online data collection:
  • URL of the data collection site
  • IP used by the email address owner
  • Type of opt-in (single, confirmed or double opt-in)
  • Additionally, in case of a double opt-in: date and time of confirmation
Is there an explicit statement of consent/opt-in for the email address?
  • Wording of the statement (if applicable, list of sponsors)
  • Was the customer able to give the consent explicitly and separately?
  • Please note: information requested in this section can be delivered as screenshot
If there was no explicit consent/opt-in, but there was an existing customer relationship:
  • Nature of customer relationship (e.g. purchase of product)
  • How was the customer informed – when recording the email address – that said email address can be used for marketing purposes and that they are able to cancel it any time?

Note that your full compliance is required when dealing with such matters. Accounts which are unable to provide proof of legal permission to contact recipients in the event of an escalated abuse complaint can face account termination.

5 – AN UNSUBSCRIBE LINK MUST BE INCLUDED IN EVERY EMAIL CAMPAIGN

All marketing campaigns must include a clear and concise link for recipients to easily opt-out of receiving future communication. The link must be easy for anyone to recognize, read, and understand.

On your end, this unsubscription must be granted immediately, with no further emails being sent to this recipient from that moment forward. In accordance with the Jibbio Sending Policy, transactional and confirmation emails such as purchase orders, payment invoices, password resets, account creations, etc. by nature do not require an unsubscribe link.

6 – THE SENDER NAME AND STATUS MUST BE CLEARLY COMMUNICATED IN EVERY MESSAGE

“From”, “To” and “Reply-To” fields must accurately and clearly identify the sender’s domain name and email address. It is important to send from domains that are at least one month old, with a transparent public domain record that redirects to the sending party’s legal pages. When sending from a different domain name on behalf of a partner or related third-party organization, the email body must clearly communicate that the message is sent via a third-party domain.

7 – ONLY LEGAL AND LEGITIMATE INFORMATION CAN BE SENT WITH JIBBIO

Jibbio does not support the sending of messages that contain, promote, reference, or link to unlawful, illegal, libelous, defamatory or violence against any individual or group and more generally affecting human rights. Moreover and unless the sender gives us sufficient and specific guarantees at Jibbio’s sole discretion, Jibbio does not work in principle with senders (i) who promote the following activities, whether permitted by law or not, including the following but not limited to: gambling, sexual, adult content, weapons and any explosives, tobacco or tobacco-related, drugs, political, hacking, penny stocks, forex trading and trading advice, payday loans, lead sales and work-at-home offers promoting schemes such as “get rich quick”, “build your wealth” and “financial independence”, or (ii) who send emails in the name and on behalf of third-parties (including their own customers). In general, your emails must not contain any information or content otherwise sovereignly deemed unsuitable to Jibbio or harmful to the reputation of Jibbio, its affiliates, partners, customers and users.

8 – USE OF SERVICES MUST COMPLY WITH ALL APPLICABLE LAWS AND WITH OUR TERMS & POLICIES

Your use of our services must comply with all applicable laws and regulations in effect, as well as Jibbio’s Terms of Use, any Specific Conditions, and the Privacy Policy. It is your responsibility to read and understand these terms and policies applicable to your use of our services and the emails you send.

It is also your responsibility to ensure that you are not a compliance risk, and we reserve the right to restrict your rate limits and take other related actions until we can determine that you do not pose any risk to your intended recipients and/or to Jibbio.

6. SMS Sending Policy

Compliance may seem like a hassle, but it is absolutely mandatory. Otherwise, you risk legal repercussions for non-compliance. For example, in 2012 “Papa John’s” in the USA agreed to pay over $16 million to settle a class action lawsuit brought against them for failure to get proper user consent.

To avoid legal consequences, Jibbio strongly advises its members to comply with the Telephone Consumer Protection Act (TCPA), which provides some basic consumer protection when it comes to SMS (text) marketing.

"However you decide to get consent, you should have a clear call to action associated with your opt-in mechanism."


Express Written Consent

According to the TCPA, customers must give businesses “express written consent” before the business sends them text messages. This written consent cannot be buried in a lengthy consent form full of legalese. Consent must be clear and conspicuous, so the recipient knows what they’re signing up for.

Even text messages that are merely informational require consent. Here are the different ways you can get customer consent and act as an opt-in to receive text messages from you:

  • Send a keyword to a shortcode
  • Enter a phone number on a web form online
  • Sign up at a physical location
It’s important to note that you are not allowed to require a user to opt-in to your text program as a condition to purchase property, goods or services.

You should have a clear call to action associated with your opt-in mechanism to obtain consent from the user.


Call to Action SMS Marketing

A call to action is the message that prompts the individual to opt in to your SMS campaign. It should consist of the following:

A) SMS Campaign Purpose
Let your subscribers know what they’re signing up for. Are they getting reminders? Coupons? Tips? Specify what you’re offering so that there are no surprises.

B) Message Frequency
Include the approximate number of messages the customer should expect to receive in a given week or month. This will prevent any unexpected or intrusive texts.

C) Message and Data Rates
Even though unlimited texting is has become more common, some users may have to pay a small fee to receive text messages, so you have to inform your subscribers that these charges may be incurred if they sign up to your program.

D) Terms and Conditions
List all the Terms and Conditions in full beneath the CTA or provide a link nearby. This list should contain:
  • The Identity of company/brand/program
  • Customer care contact information
  • Description of the product for which people are signing up to
  • Opt-out instructions in bold type (e.g. SMS “STOP” to [phone number] to unsubscribe)

Privacy Policy

List the Privacy Policy in full beneath the CTA or provide a link nearby.

All this information may seem overwhelming, but it’s actually quite simple.

Confirmation

Regardless of how they signed up, your very first text to any user must be a compliance message confirming opt-in. It should reiterate some important information, including:
  • Your identity
  • Message Frequency
  • That message and data rates may apply
  • How to opt-out


7. No Endorsement

7.1 JOEYUN Services Inc. does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of JOEYUN Services Inc. or its advertisers or sponsors.

7.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that JOEYUN Services Inc. is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

8. Indemnity

You agree to indemnify, defend and hold JOEYUN Services Inc. and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "JOEYUN Services Inc. Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any JOEYUN Services Inc. Party in connection with any use or alleged use of the service under your Username by any person, whether or not authorized by you. JOEYUN Services Inc. reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with JOEYUN Services Inc.'s defence of such claim.

9. Termination of Service

JOEYUN Services Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. JOEYUN Services Inc. may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

10. Refund Policy

10.1 There is a 30-day refund for the Jibbio "HOA & Public Safety" monthly or annual license subscriptions, starting from the first date of registration and payment.

10.2 The 30-day refund applies to new accounts only. The refund is not applicable to monthly recurring payments (after the first monthly payment), and the refund is not applicable to annual license renewals (after the first annual license payment).

If you have purchased an annual license subscription, you acknowledge, accept, and agree that the annual license subscription will automatically be renewed for another year at the end of the annual billing cycle, and there are no refunds. If you wish to discontinue with the Web Service, you must cancel your subscription prior to your next annual billing date as instructed in the "Cancellation Policy" of Section 11 below.

10.3 There are NO REFUNDS on two Jibbio monthly and annual license subscriptions:

Jibbio for Small Businesses
Jibbio for Automotive Businesses

For the above two subscriptions, the Jibbio software is available on a try-before-you-buy basis (free trial) to ensure that you can fully experience it, and that it meets your requirements prior to subscribing to either the monthly subscription or prepaid annual license subscriptions.

We encourage you to try the software prior to subscribing to the paid service.

11. Cancellation Policy

There are no contracts, no obligations, and you can cancel your Jibbio subscription at any time.

If you subscribed via PayPal: Log into your PayPal account and cancelling your payment profile with Jibbio. Upon cancellation, you will no longer be charged and your Jibbio account will automatically expire at the end of your billing cycle.

If you subscribed via Clickbank: Contact Clickbank and cancel your subscription. Upon cancellation, you will no longer be charged and your Jibbio account will automatically expire at the end of your billing cycle.

12. Disclaimer of Warranties; Limitation of Liability

12.1 The web service and the content are distributed on an "as is, as available" basis.

12.2 Neither JOEYUN Services Inc. nor any provider of third party content or their respective agents warrants that the web service will be uninterrupted or error free; nor does JOEYUN Services Inc., any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the web service or the content.

12.3 Neither JOEYUN Services Inc., third party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the web service, any content or any products or services sold through the web service.

12.4 Neither JOEYUN Services Inc. nor any third party content provider warrants that any files available for downloading or uploading through the web service will be free of viruses, trojans, hacks, breach of data, or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.

12.5 Neither JOEYUN Services Inc. nor any third party content provider or their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.

12.6 Some States and Provinces do not allow exclusion or implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such States, the liability of JOEYUN Services Inc., third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

13. Investor Information

Investor relations materials on this web site are provided for convenience only, and speak only as of their original date or the date specified therein. Available information may change at any time and may not be reflected on this web site. JOEYUN Services Inc. disclaims any responsibility to update this web site.

14. Forward-Looking Statements

The statements contained in this site and other materials accessible through these pages that are not historical in nature are forward- looking statements that involve risks and uncertainties. Although management of JOEYUN Services Inc. believes that its expectations are based upon reasonable assumptions within the bounds of its knowledge of JOEYUN Services Inc.'s business, there can be no assurance that the Company's financial goals will be realized. Numerous factors may affect the Company's actual results and may cause results to differ materially from those expressed in forward-looking statements made by or on behalf of the Company. Factors that could cause actual results to differ materially include fluctuations in advertising revenue with general economic cycles; management's ability to identify, finance, complete and integrate acquisitions; the performance of Internet/Broadband trade shows and conferences; the seasonality of revenue from publishing and trade shows and conferences; the success of new products; increases in paper and postage cost; the infringement or invalidation of JOEYUN Services Inc.'s intellectual property rights; and the factors listed from time to time in JOEYUN Services Inc.'s reports filed with the Securities and Exchange Commission. JOEYUN Services Inc. does not undertake any obligation to publicly update or revise any forward-looking statements in this site whether as a result of new information, future events or otherwise.

15. Miscellaneous

This Agreement shall be construed in accordance with the laws of the Province of Ontario, Canada, and the parties irrevocably consent to bring any action to enforce this Agreement in the Ontario Provincial court located in Brampton, Ontario. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.

16. Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Email: copyright@jibbio.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

17. Contacts

Should you have any questions about this Web Service, you may contact us at privacy@jibbio.com


Updated: August 16, 2017

 
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