Last Updated: August 24, 2022.

Welcome to JouleBug, powered by Carimus! These Enterprise Service Terms of Use (“Terms”) apply to your (“you” or “your”) use of JouleBug’s action logging community engagement platform (the “Service”). By using the Service, you agree that these Terms constitute a legally binding agreement between you and Carimus, LLC d/b/a JouleBug (“JouleBug,” “we,” “us” or “our”).

Overview

The Service is a social engagement platform that helps organizations influence, motivate, and measure the impact of sustainable habits with the gamification of community competitions (each a “Challenge”). When you use the Service, you’ll have access to a variety of actions and themed Challenges provided by JouleBug and other providers to use in your JouleBug Enterprise Dashboard.

The Service is made available on JouleBug.com, JouleBug mobile apps, JouleBug web applications, and in other forms as may be provided or made available by JouleBug. Your use of the Service is subject to these Terms. By using the Service you acknowledge JouleBug’s Privacy Policy, which Privacy Policy is hereby incorporated by reference into these Terms.

You may use the Service only if you can form a binding contract with JouleBug and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

If you sign up for the Service on behalf of an organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service hereby binds that entity to these Terms; and (iii) “you” and “your” in these Terms refers to both you and that entity.

YOU MUST AFFIRMATIVELY CONSENT TO USE THE SERVICE, AND BY DOING SO, YOU CONSENT TO THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE IN ANY MANNER OR FORM WHATSOEVER.

Using the Service

Age Requirement. Access or use of the Service is not intended for children unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 18 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. JouleBug reserves all rights not expressly granted under these Terms. Each user must have a unique account, and you are responsible for all activity conducted on your account.

Anti-discrimination. JouleBug does not support and will not tolerate the Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination, and you must not use the Service to incite or promote hate speech, hostility or violence.

Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) store or transmit a virus or malicious code to, in or through the Service; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; or (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.

Acceptable Use Policy. In addition to all other obligations and restrictions set forth herein, you further agree that you are solely responsible for your use of the Service, and you agree to use the Service in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Service, you agree not to:

display any telephone numbers, street addresses, URLs, e-mail addresses or other personal information or confidential information of any third party;
display any audio files, text, photographs, videos or other images containing confidential information;
display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law;
impersonate any person or entity;
“stalk” or otherwise harass any person;
engage in any unauthorized advertising or commercial solicitation of third parties;
express or imply that any statements that you make are endorsed by JouleBug without our specific prior written consent;
gain access to or attempt to gain access to any account, content, information, computers or networks related to or accessible through the Service without authorization;
harvest or collect personal information of other users or other persons whether or not for commercial purposes, without their express consent;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and/or
interfere with or disrupt the Service and/or the related servers or networks.

Security and Data Privacy

Information Security. JouleBug’s mission is to provide fun and engaging ways to help communities better society and our planet. When it comes to security, we embrace the same principles that guide our mission: minimizing our footprint, engaging in active and responsible stewardship of our world, and communicating transparently. By using the Service you acknowledge JouleBug’s Security Overview.

Data Privacy. JouleBug’s Privacy Policy describes how JouleBug collects, uses, transfers, discloses and stores your personal data. By creating a JouleBug Enterprise account, you confirm that you have read, understood and agree to our Privacy Policy in full, and that the Privacy Policy shall be incorporated into these Terms. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall prevail.

Organizations Administration

You can create or join an “Organization” on JouleBug that allows you to collaborate with others. The creator of the Organization is the “Organization Owner.” Each Organization may have one or more people identified as administrators (each, an “Administrator”) by the Organization Owner or another Administrator. Both the Organization Owner and Administrators can add, modify or remove people from the Organization, as well as manage their permissions and access to actions, Challenges, and notifications. Only the Organization Owner may assign a new Organization Owner. If you add a person to an Organization, you represent and warrant that you or your organization have obtained all necessary consents from that person to be added.

JouleBug is not responsible for any actions taken by Organization Owners or Administrators. It is your responsibility not to upload or create content on an account associated with an Organization if you do not want to potentially transfer ownership or disclose such content to others in the Organization.

Billing

JouleBug offers a free and paid Service. You can learn more about JouleBug’s various subscription offerings here. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase. If you are on an Enterprise Plus or Premium plan, the Organization Owner will be billed for and is responsible for payment of subscription fees.

Subscriptions and Renewals. If you are subscribing to JouleBug Enterprise Plus or JouleBug Enterprise Premium, you can sign up for either a monthly or annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with JouleBug or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

Cancellation. You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and all outstanding fees will become immediately due and payable.

Free Trials and Pilots. JouleBug may offer you a free trial or pilot to allow you to try the Service. JouleBug reserves the right to set eligibility requirements and the duration for free trials and pilots.

At the end of your free trial, JouleBug will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.

Changes to Pricing. JouleBug reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

JouleBug’s Intellectual Property

Except as expressly set out in these Terms, all intellectual property rights, and all other proprietary rights, in and to the Service remain the sole property of JouleBug and its licensors. You hereby irrevocably assign to JouleBug all suggestions, ideas, enhancement requests, and other feedback you provide to JouleBug relating to the Service or any other JouleBug product or service (including those of any JouleBug affiliate). As between you and JouleBug, JouleBug owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and other JouleBug products.

Warranty Disclaimer. Notwithstanding anything to the contrary in these Terms, the Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, JouleBug, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. JouleBug does not warrant that your use of the Service will be uninterrupted or error-free. JouleBug does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that JouleBug does not own, operate, or control, and that JouleBug is not responsible for any of your data lost, altered, intercepted or stored across such networks. JouleBug will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside JouleBug’s reasonable control.

Third Party Services

You may elect to use the Service in conjunction with third-party websites, platforms or apps (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. JouleBug makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

Your Indemnity Obligations

You agree, to the extent permitted by law, to defend, indemnify and hold harmless JouleBug and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your use of the Service.

Limitation of Liability

In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to JouleBug during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the Sections entitled “Restrictions on Use of the Service” and “Acceptable Use Policy.”

In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the Sections entitled “Restrictions on Use of the Service” and Acceptable Use Policy.”

These Terms do not affect consumer rights that cannot by law be waived or limited. These Terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

User Content. The Service contains content and material that is provided directly by you and your users (“User Content”). You and each of the users are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such User Content .As part of your use of the Service, you may upload, post, distribute or disseminate, or send to us User Content, including but not limited to, photographs, captions and comments. You hereby grant JouleBug an irrevocable, nonexclusive, transferable royalty-free worldwide right and license to use the User Content on the Service and to promote and advertise the Service in any way. You agree that JouleBug has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the User Content, regardless of the medium, technology, or form in which it is used.

You also warrant, acknowledge and agree that: (i) if you are not the holder of any such rights in the User Content, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above; (ii) you are solely responsible for the form, content and accuracy of any User Content; (iii) you are responsible for your own postings and are responsible for the consequences of your postings; (iv) you are solely responsible for your interactions with other Service users. You hereby release JouleBug, including without limitation its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any dispute between you and any other Service user. JouleBug reserves the right, but has no obligation, to monitor disputes between you and other users.

Violations. JouleBug assumes no responsibility or obligation to monitor your use of the Service or any User Content. Notwithstanding the foregoing, if JouleBug, in its sole discretion, determines that you or your use of the Service or any User Content violates these Terms, including but not limited to the Sections entitled “Restrictions on Use of the Service,” “Acceptable Use Policy,” or “Anti-discrimination,” JouleBug may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all User Content associated with that account; (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content to appropriate government authorities.

Term and Termination

Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until (i) if you are a paid subscriber, the expiration or termination of your subscription; or (ii) if you are using JouleBug’s free offering, when your account is deleted or terminated.

Effect of Termination. In the event of termination of your subscription for cause due to default by JouleBug, JouleBug shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription due to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription. Following any expiration, cancellation or termination of these Terms and your subscription, JouleBug has the right to prohibit access by you or your users to the Service.

Data Deletion. In the event of any termination of your subscription, JouleBug agrees to retain your account data for a period of: (i) 90 days following any cancellation or termination of these Terms other than due to your uncured breach; (ii) 60 days following any expiration of a “free trial” or “evaluation period” if you have not subscribed for a paid subscription; or (iii) immediately if terminated due to your uncured breach. Following such period, JouleBug reserves the right to delete and destroy all such data without notice to you.

Survival of Terms. Sections titled “Term and Termination,” “Billing,” “JouleBug’s Intellectual Property,” “Limitation of Liability,” “Your Indemnity Obligations,” and “Miscellaneous” inclusive, as well as all other provisions of these Terms which by their nature are intended to survive expiration or termination of these Terms, shall survive any expiration or termination of these Terms.

Miscellaneous

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Wake County in Raleigh, North Carolina without reference to conflict of law provisions.

Dispute Resolution. In the event a dispute relating to this Agreement arises, the parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the matter shall thereafter be resolved by binding arbitration and each party hereto hereby waives any right it may otherwise have to the resolution of such matter by any means other than binding arbitration. Whenever a party shall decide to institute arbitration proceedings, it shall provide written notice to that effect to the other parties hereto. The party giving such notice shall, however, refrain from instituting the arbitration proceedings for a period of sixty (60) days following such notice. During this period, the parties shall make good faith efforts to amicably resolve the claim, dispute or controversy without arbitration. Any arbitration hereunder shall be conducted in the English language under the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Raleigh, North Carolina. The panel of arbitrators shall have the authority to grant specific performance. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. In no event shall a demand for arbitration be made after the date when institution of a legal or equitable proceeding based on the claim, dispute or controversy in question would be barred under this Agreement or by the applicable statute of limitations. The prevailing party in any arbitration in accordance with this shall be entitled to recover from the other party, in addition to any other remedies specified in the award, all reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party to arbitrate the claim, dispute or controversy.

Assignment. You may not assign or otherwise transfer these Terms or any of your rights under these Terms without JouleBug’s prior written consent except to any successor by way of a merger, acquisition, or change of control. JouleBug may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and these Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

Waiver. JouleBug’s waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect JouleBug’s ability to enforce any provision thereafter.

Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

Changes to these Terms. We may modify these Terms (and any policies or terms referenced in these Terms) at any time. We will post the most current version of these Terms on enterprise.joulebug.com, or such other website as designated by JouleBug in its sole discretion. We will endeavor to provide you with reasonable notice of any change to these Terms that, in our sole determination, materially adversely affects your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

Changes to the Service. JouleBug may add, change or remove features or functionality to the Service; modify or introduce limitations or other features; or discontinue the Service altogether at any time for any reason or no reason at all. If you are on a paid subscription and JouleBug discontinues the Service you are using during your subscription, JouleBug will, in its sole discretion (i) migrate or make available to you a substantially similar service provided by JouleBug or a JouleBug affiliate (if available), or (ii) provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

Entire Agreement. These Terms, including the terms and policies referenced and incorporated herein, constitute the entire agreement between you and JouleBug with respect to the Service. These Terms supersede any prior representations, terms, or understandings between you and JouleBug, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect, notwithstanding any acceptance of such purchase order by either party. The English version of these Terms will control.