Jotter Terms & Conditions
Thanks for supporting Jotter.
Jotter is a place for people to share written content across the world. A place where people can inform, educate, and inspire. We promote open sharing of ideas, stories and content that help make the world an overall better place.
Our principles for everyone on the site are:
- Freedom of expression in a safe environment that inspires, challenges and adds value to our community.
- Rewarding creators and people who promote Jotter fairly
- Protecting personal data and Intellectual Property
- Creating a respectful community
Who we are
Services are provided by Unbound Publishing Pty Ltd of Australia (Australian Business Number 42 659 954426). In this document, we will often refer to ourselves as Jotter.
What we do
Jotter provides a personalized subscription service that allows our members to access to share, consume, and discuss written content over the Internet.
Terms of Use
1. Membership
1.1. To access Jotter platform, you must have an active membership (either Basic or Premium). Your Jotter membership will continue unless cancelled by either you or us. To use the Jotter service you must have Internet access, an appropriate device (such as a computer, tablet or smartphone), and provide us with a working Payment Methods.
1.2. We offer a Basic and a Premium membership plan. The main difference is the Premium membership allows you to have up to 4 accounts – which is great for family members, or writers with multiple pseudonyms.
1.3. Occasionally we may introduce special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Jotter at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Jotter membership may not be eligible for certain introductory Offers. Generally the eligibility requirements and other limitations and conditions will be presented when you sign-up for the Offer.
2. Billing and Cancellation
2.1. You will be charged the monthly membership fee (including any taxes or transactions fees) for the Jotter service. The payment date is generally the same day of the month as when you joined, noting some payments may move due to weekends and public holidays.
2.2. To use the Jotter service you must provide a Payment Method accepted by us and authorise us to charge your monthly membership fee. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. Some Payment methods may incur certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used.
2.3 You can cancel your Jotter membership at any time, and you will continue to have access to the Jotter service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Jotter content.
2.4. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
2.5. Jotter may offer free trials for a Paid Service to subscribers from time to time. If you purchase a subscription to a Paid Service that includes a trial, you will receive access to that Paid Service for the duration of the trial period. At the end of the trial period, you will be automatically charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel your subscription before the end of the trial period. Please note you may be required to provide a valid payment method to access the free trial period.
2.6. Jotter may, from time to time, offer discounts on purchases or subscriptions. Any additional terms and conditions, including eligibility criteria, may apply to such plans and any such additional terms will be made available to you prior to purchase.
2.7. Jotter membership prices may change from time to time. Jotter does not provide price protection or refunds in the event of a price reduction or promotional offering. Any changes to pricing for Paid Services with recurring payments will only apply following reasonable notice to you. If we notify you of a price change for a Paid Service with a recurring payment and you do not want to continue that Paid Service at the new price, you can cancel the Paid Service before the start of the next subscription period in which the new price applies.
3. Jotter Service
3.1. You must be at least 16 years of age to become a member of the Jotter service.
3.2. The Jotter service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Jotter membership we grant you a limited, non-exclusive, non-transferable right to access the Jotter service and Jotter content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3.3. Some Jotter content is available for temporary download and offline consumption on certain supported devices. Limitations apply, including restrictions on the amount of content per membership.
3.4. You agree to use the Jotter service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Jotter service.
You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Jotter service; use any robot, spider, scraper or other automated means to access the Jotter service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Jotter service; insert any code or product or manipulate the content of the Jotter service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Jotter service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
3.5. The member who created the Jotter account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Jotter account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Jotter or our partners from identity theft or other fraudulent activity.
3.6. When using Jotter service, you may not (or attempt to):
use the services in an illegal manner, or for an illegal purpose; share your Jotter account password with someone else to allow them to access they are not entitled to; copy, sell, rent, or sublicense any services to any third party; circumvent, reverse engineer, modify, disable, or otherwise tamper with any security technology that Jotter uses to protect the Paid Services or encourage or help anyone else to do so; access Jotter other than by means authorized by Jotter; or remove any proprietary notices or labels on Jotter distributed content.
4. Uploading Content
4.1. Members have the right to upload Content on Jotter. If you choose to upload Content, you must not submit any content that does not comply with this Agreement or the law. For example, the content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
4.2. You retain control and ownership of your Content. You may remove any content you uploaded from public access at any time. Whilst uploaded, you grant Jotter a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Jotter’s business, including for the purpose of promoting and redistributing part or all of the Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from Jotter. You understand and agree, however, that Jotter may retain (but not display or distribute) copies of your content that have been removed or deleted.
4.3. If we reasonably believe that any of your Content is in breach of this Agreement or may cause harm to Jotter, our users, or third parties, we reserve the right to remove or take down that Content in our discretion. We will generally notify you with the reason for our action and give you the opportunity to respond (unless prevented by law, reasonable risk of legal liability to Jotter, or likely harm to a third party).
4.4. Content creators with an active account can earn a share of Content Creator payment pool each month. The amount paid is proportional to the share of their uploaded content consumed as a percentage of total content consumed on the platform each calendar month. The content creator payment pool will generally be between 50% to 70% or more of the membership fees (less of taxes and bank, currency exchange and transaction fees) paid in the same month. Jotter may elect to forgo a portion (or all) of any payments it is eligible for content it owns. Payments will be calculated in the following month and available for payment the month after. For example, payments earned in January, will be calculated in February, and be available in the Content Creators Jotter account in March. To receive a payment from your Content creator Jotter Account, the content creator must have an active Jotter membership, and have provided appropriate bank details. Content creators can request a payment between AUD$20 and the balance of their Jotter account. If a Content Creators account balance is below AUD$20 – no payment can be made. Funds will remain in the Content creators account.
4.5. It is anticipated Jotter will run a launch promotion and other promotions to attract new members. During any promotion period, Jotter income received may be used to help fund the winning member prizes. That is, any promotion prize may be deducted from the writers pool. Promotions are designed to bring a significant number of new members to Jotter, so that once the promotion is completed, there will be a substantive monthly revenue to share with all writers.
5. Liabilities and Waivers
5.1. The Jotter service is provided without warranty or condition. Service may be interrupted or subject to error. It may not be suitable for your personal needs. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
5.2. Where permitted under the applicable law, you and Jotter agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Jotter agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
5.3. Except as required by applicable law, Jotter, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by: Errors, mistakes, or inaccuracies on the service; Personal injury or property damage resulting from your use of the service; Any unauthorized access to or use of the service; Any interruption or cessation of the service; Any viruses or malicious code transmitted to or through the service by any third party; Any content whether submitted by a user or Jotter, including your use of content; and/or The removal or unavailability of any content. This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
5.4. To the extent permitted by applicable law, Jotter and its affiliates’ total liability for any claims arising from or relating to the service is limited to the greater of: (a) the amount of revenue that Jotter has paid to you from your use of the service in the 12 months before the date of your notice, in writing to Jotter, of the claim and (b) AUD $500.
6. Other legal terms
6.1 These Terms of Use shall be governed by and construed in accordance with the laws of Australia.
6.2. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.3. Jotter may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
6.4. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
7. Changes to this Agreement
7.1. Jotter may change or update these Terms. Unless inappropriate to do so, we will generally provide a minimum 30 days notice of the change. The new Terms will be effective after such notice period. Your continued use of Jotter following such notice period will indicate your acceptance of the new Terms. If you do not agree to such changes you may cancel your membership before the end of the notice period.