BlueJack Brothers LLC

Terms of Service

[July 1st, 2021, Version 3.0]



PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE PAYROLE WEBSITE AND/OR SERVICES.


INTRODUCTION

This is a legal agreement (the "Terms") and is made between BlueJack Brothers LLC (“BlueJack Brothers”, “Us”, “Our” or “We”) and any person or business entity (“You”, “Your” or “User”) who registers for an account at https://payrole.io (the “Site”), or uses our applications and tools, and/or any related services (collectively the "Services") provided by BlueJack Brothers LLC.


By using our Site or Services, you represent that you are at least 18 years of age or are at least 13 years of age with a parent or legal guardians consent and have read, understood and agree to be bound by these Terms as well as our Privacy Policy, located at https://payrole.io/privacy.


Who is a Seller?

A “Seller” is any User that links their Stripe Account to PayRole through Stripe Connect.


What should a Seller know?

Sellers understand that we are providing services according to Stripe’s Connect Platform Agreement and agree to be bound by Stripe’s Services Agreements and Privacy Policy.

Stripe Service Agreement: https://stripe.com/ssa

Stripe Connected Account: https://stripe.com/connect-account/legal

Stripe Privacy Policy: https://stripe.com/privacy


Who is a Customer?

A “Customer” is any User who purchases from a Seller.


What should a Customer know?

Customer understands that these Terms only govern the services provided by BlueJack Brothers. Customer understands and agrees that any disputes regarding subscriptions, payments, cancellations, and the like, are governed by the agreement between the Customer and the Seller and not BlueJack Brothers. Thus, BlueJack Brothers will not resolve such disputes without the Seller’s authorization. Customers agree to be bound by the Stripe Checkout User Terms of Service and Privacy Policy.

Stripe Checkout User Terms of Service: https://stripe.com/checkout/legal

Stripe Privacy Policy: https://stripe.com/privacy


Who is a Moderator?

A “Moderator” is any User who has received and accepted explicit permission from a Seller to act on the Seller’s behalf. The PayRole Seller Dashboard provides a Seller with the option to invite Users to become Moderators of their Seller Dashboard. Once a Moderator accepts their invitation the Seller can choose which permissions to grant.


THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS, PLEASE READ IT CAREFULLY.


BY CLICKING THE “AGREE AND CONTINUE” BUTTON OR BY ACCESSING AND/OR USING OUR SITE AND/OR OUR SERVICES, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE THE SITE OR SERVICE.


Services

Description BlueJack Brothers provides an automated fulfillment service for Digital goods (i.e. Discord roles), facilitated through Stripe Connect. For Sellers, we need to connect and access some of your Stripe Connected Account Data. You agree to grant us the authority to access, use, and transmit your Stripe Account Data, so we we may assist you in managing subscriptions, products, customers, prices and balances, as well as deduct platform fees for use of the platform.


The Service is proprietary to BlueJack Brothers and is protected by intellectual property laws and international intellectual property treaties. By accepting these Terms, BlueJack Brothers grants User a non-exclusive, non-transferable, non-sublicensable, and limited right to access and use our Services, provided that the use is in accordance with these Terms.


Accessibility User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which BlueJack Brothers may undertake from time to time; or (iii) causes beyond the control of BlueJack Brothers or which are not reasonably foreseeable by BlueJack Brothers; and (iv) causes due to third-party tools and/or equipment we have not control over.


Equipment User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for User’s use of the Service, including telecommunications, internet access connections and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.

Content

Security, Confidentiality and Integrity User shall be solely responsible for the security, confidentiality and integrity of all messages and content that User receives or sends, uploads, communicates, transmits, or otherwise makes available, such as pictures, video, text, sound, information on your geographical position and other content (jointly "Content"), to us and/or other users of the Services. User shall be solely responsible for any authorized or unauthorized access to User’s account and bears all responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Service with User’s password. User agrees that Content sent, uploaded, communicated, transmitted or otherwise made available:

I. is true and does not constitute Content that is false or misleading;

II. does not constitute any information likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;

III. does not constitute an infringement of the intellectual property (including copyright), publicity or privacy rights of any third party or otherwise violate such third party's rights;

IV. does not constitute information that you are not legally entitled to distribute(such as insider information or confidential information);

V. does not contain any unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

VI. does not violate any law, statute, ordinance or regulation; and

VII. does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other users of the Services.


Additionally, a User/Seller shall be solely responsible for any authorized or unauthorized access by a Moderator, regardless if said permission(s) were granted in error, caused by technical malfunction or otherwise.


Notify Unauthorized/Objectionable Content BlueJack Brothers appreciates the opportunity to be notified of any objectionable or unauthorized use of Content, and users, rights holders and licensees are invited to inform BlueJack Brothers of any potential violations by sending an email to us at support@payrole.io


BlueJack Brothers’s right to remove Content BlueJack Brothers hereby reserves the right in its absolute discretion to remove any Content from the Services, but is not required to do so. BlueJack Brothers does not review Content and is therefore not responsible for any third party Content or Content provided by the User or information contained therein, made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any Content.


BlueJack Brothers’s right to User’s Content In the event the Content you send, upload, communicate, transmit or otherwise make available gives rise to any intellectual or industrial property right (such as copyright), you thereby grant to BlueJack Brothers an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferable right to use, copy, reproduce, change, modify, translate, transfer, make publicly available and/or perform such Content in relation to our Services. To the fullest extent permitted under applicable law, you waive your right to and/or in the Content. You acknowledge and agree that we may share Content with our partners and/or companies that we cooperate with.

User conduct

Certain rules must be complied with in order to maintain the integrity of the Services and to promote the user experience. User may only use the Services if:

I. User agrees that you will only send, upload, communicate, transmit or otherwise make available Content that you own or otherwise are permitted to make available in the Services;

II. User agrees that you will not use another person or entity's name or e-mail address when you use our Services;

III. User agrees that you will only create one User account per platform;

IV. User agrees not to "harvest", "scrape" or collect any personal information (such as username and e-mail address) regarding other users of our Services without their consent;

V. User agrees not to use Services for activities that violate any law, statute, ordinance or regulation;

VI. User agrees not to decompile, disassemble or reverse engineer the Services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Services; and

VII. User agrees not to remove or amend any copyright or other proprietary notices.

Privacy

When you sign up for an account you provide details to BlueJack Brothers that may be deemed as personal information under applicable law. Any information, including User Content, submitted to BlueJack Brothers, is subject to our Privacy Policy which is published at: https://payrole.io/privacy


User must agree to Stripe’s privacy policy which is published at: https://stripe.com/privacy


The terms of our Privacy Policy are incorporated into these Terms of Service. Please review our Privacy Policy carefully.

Payment

BlueJack Brothers’ current platform fee rate is 3%. This amount is in addition to what Stripe charges. Fees are based on the Total amount of the transaction and are calculated before any coupons, discounts, or otherwise, are subtracted. Fees are Non-refundable and are subject to change without notice.

Termination and cancellation

Both parties may terminate this agreement for any reason. BlueJack Brothers may terminate a User’s account by emailing User at the address registered stating that the agreement has been terminated. User may terminate this agreement by notifying BlueJack Brothers at support@payrole.io.


User agrees that upon termination by either party, User’s content and access to our services will cease and will be made inaccessible. In addition, we will have no obligation to store any of User’s account data.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BLUEJACK BROTHERS LLC BE LIABLE TO USER OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL BLUEJACK BROTHERS LLC TOTAL LIABILITY EXCEED THE TOTAL FEES PAID BY USER TO BLUEJACK BROTHERS LLC FOR THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

Indemnification

User agrees to indemnify and hold BlueJack Brothers, its members, managers, partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages, including reasonable costs and attorney’s fees, related to User’s breach of these Terms including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited and unacceptable in accordance with these Terms.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS '' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT THE USER’S SOLE RISK. BLUEJACK BROTHERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES BLUEJACK BROTHERS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. BLUEJACK BROTHERS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

Assignment

BlueJack Brothers is entitled to assign any of its rights and obligations under these Terms without restriction.

Modifications

BlueJack Brothers may change the Services at any time, such as by adding or removing features or discontinuing the Services. In addition, BlueJack Brothers is entitled to modify these Terms at any time. Users are advised to regularly review the latest version which is published at https://payrole.io/terms.


If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following the notification of modified Terms shall constitute acceptance of such Terms.

Third party services

BlueJack Brothers may include links at https://payrole.io to third party services and/or third party services may be made available to you via https://payrole.io. These services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party.

Independent Contractors

The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

Intellectual property

User agrees that all copyright and other intellectual property rights relating to the Services are owned by BlueJack Brothers. User is not permitted to use any of BlueJack Brothers intellectual property without our prior written consent.

Entire Agreement

These Terms, the Privacy Policy and all policies posted on our website represent the entire agreement between you and BlueJack Brothers relating to our Services, and replace all earlier agreements and understandings between you and us. Except where explicitly agreed to between you and BlueJack Brothers in another writing, these Terms will prevail.

Severability

If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.

Electronic Notices and Documents

You agree that the Terms, Privacy Policy, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  You further consent to receive communications from us in electronic form using the email address you submitted to us. You may withdraw this consent at any time by contacting us at support@payrole.io

Applicable Law and Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.


Arbitration Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration, rather than in court. It shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.


Governing Law This Terms of Service Agreement, including the performance and enforceability hereof, will be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflict of laws.


Place of Arbitration The place of arbitration shall be Tampa, Florida, USA.


Fees Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. The prevailing party shall be entitled to an award of reasonable attorneys fees.

Notices

Please direct any questions or concerns regarding these Terms of Service or otherwise to BlueJack Brothers at: support@payrole.io


BlueJack Brothers LLC

5432 Clark Road, #1129

Sarasota, FL 34233