Merchant Service Agreement

This Merchant Service Agreement ("Agreement") is entered into between JEBJOSH MEDIA LIMITED, trading as Jebjosh ("we", "us", "our", or the "Merchant") and the individual or entity that purchases, licenses, downloads, accesses, or otherwise obtains products or services through https://market.jebjosh.com or https://jebjosh.trakroom.com or https://trakroom.com/jebjosh or https://jebjosh.com ("you", "your", or the "Customer").

This Agreement governs your access to and use of the Jebjosh storefront and the products, licenses, digital goods, software, and related services made available through it.

By placing an order, completing a checkout, accepting this Agreement electronically, downloading or accessing a product, activating software, or otherwise using the storefront, you agree to be legally bound by this Agreement.

If you do not agree to this Agreement, you should not complete a purchase or use products made available through the storefront.

1. About the Platform

The Jebjosh storefront runs on Trakroom, a storefront and marketplace technology platform operated by Trackdock Limited.

Trakroom provides technology that may include hosting, storefront functionality, checkout infrastructure, digital delivery, account functionality, and integrations with third-party payment providers.

Unless expressly stated otherwise, Trakroom and Trackdock Limited are not the seller or licensor of products offered by JEBJOSH MEDIA LIMITED through this storefront and are not parties to this Agreement.

Your contract for products purchased through this storefront is with JEBJOSH MEDIA LIMITED.

Questions concerning a product, license, order, refund request, or customer-service issue relating to this storefront should be directed to JEBJOSH MEDIA LIMITED using the contact information provided below.

2. Definitions

For purposes of this Agreement:

• "Customer" means the individual or entity purchasing, licensing, downloading, accessing, or using a Product through this storefront.
• "Digital Product" means any product supplied electronically rather than as a physical product.
• "Product" means any beat, instrumental, audio file, stem, sample pack, sound kit, music kit, drum kit, loop, one-shot, preset, MIDI file, software plugin, downloadable software, license, custom product, or other product or service offered through this storefront.
• "Beat License" means a license granting specific rights to use a beat, instrumental, sound recording, composition, stem, or related musical work.
• "Music Production Product" means a sample pack, sound kit, music kit, drum kit, loop pack, one-shot collection, preset pack, MIDI pack, or similar production resource.
• "Software Product" means a software plugin, application, installer, digital tool, or other downloadable software product.
• "License" means the specific rights granted to you in connection with a Product.
• "Product-Specific License" means license terms displayed on a Product page, presented at checkout, included with a Product, or otherwise specifically identified as applying to that Product.
• "Order" means a transaction for one or more Products.
• "Payment Processor" means a third-party financial institution, payment gateway, acquiring bank, card network, mobile-money provider, bank-transfer provider, or other payment service provider used to process a transaction.
• "Platform" means the Trakroom website, software, storefront technology, payment integrations, digital-delivery systems, and related technology.

3. Storefront Products and Services

We offer Digital Products and related services through this storefront.

Depending on the Products we make available, this may include:

• Beats and instrumentals;
• MP3, WAV, and other audio files;
• Stems and multitrack files;
• Beat licenses;
• Exclusive licenses;
• Sample packs;
• Sound kits;
• Music kits;
• Drum kits;
• Loops and one-shots;
• Presets;
• MIDI files;
• Software plugins and other downloadable software;
• Custom or commissioned work;
• Digital product listings and previews;
• Digital delivery and download access; and
• Customer support relating to your Order.

We may add, modify, suspend, or discontinue Products or features from time to time.

Changes to Products will not remove rights already validly granted to you under a completed purchase except where permitted by the applicable License, required for security or legal reasons, or required by applicable law.

4. Eligibility

By purchasing from this storefront, you represent that:

• You have the legal capacity to enter into this Agreement;
• The information you provide is accurate and complete;
• Where you purchase on behalf of a company or other entity, you have authority to bind that entity;
• You will comply with applicable law;
• You will use Products only within the rights granted to you; and
• You will not use the storefront for fraudulent, unlawful, or abusive activity.

If you are not legally able to enter into a binding contract in your jurisdiction, you may only use the storefront with any consent or authorization required by applicable law.

We or our Payment Processors may request additional information where reasonably necessary for identity verification, payment processing, regulatory compliance, fraud prevention, or security purposes.

5. Customer Accounts

Where the storefront provides customer accounts, you are responsible for:

• Maintaining the confidentiality of your login credentials;
• Keeping your account information accurate;
• Taking reasonable steps to prevent unauthorized access; and
• Activity performed using your account credentials, except to the extent that activity results from our breach, negligence, or a security failure for which we are responsible.

Notify us promptly at support@jebjosh.com if you believe your account has been compromised or accessed without authorization.

6. Product Information and Previews

We will make reasonable efforts to accurately describe Products offered through this storefront.

Product listings may include information such as:

• Product type;
• File formats;
• Audio previews;
• License options;
• Compatibility requirements;
• System requirements;
• Included files;
• Usage limitations;
• Commercial-use permissions;
• Royalty requirements;
• Credit requirements; and
• Other material conditions of purchase.

Audio previews, screenshots, demonstrations, and promotional materials are intended to help you evaluate a Product before purchase.

Minor differences that do not materially change the Product may not constitute a defect or misrepresentation.

Nothing in this section limits your rights where a Product materially differs from the description provided at the time of purchase.

7. Orders and Acceptance

A Product listing is an invitation to purchase and does not itself constitute acceptance of an Order.

An Order is generally accepted when:

• Payment has been successfully confirmed; and
• The purchased Product, License, or access entitlement has been delivered or made available to you.

We may decline, hold, or cancel an Order where reasonably necessary, including where:

• The Product is no longer available;
• The price or Product description was published in material error;
• Payment cannot be verified;
• The transaction is flagged by fraud or risk controls;
• We reasonably believe the transaction is unauthorized;
• Required payment verification is not completed;
• A Payment Processor declines or restricts the transaction; or
• Accepting the Order would violate applicable law or a Payment Processor requirement.

Where we cancel a successfully paid Order before fulfillment, we will refund the amount charged in accordance with our Refund & Cancellation Policy.

8. General Licensing Principles

Purchasing a Digital Product does not automatically transfer copyright or ownership of the underlying intellectual property.

Unless a Product-Specific License expressly provides otherwise:

• Copyright and ownership remain with JEBJOSH MEDIA LIMITED or the applicable rights holder;
• You receive only the rights expressly granted by the applicable License;
• Licenses are non-transferable unless expressly stated otherwise;
• You may not sell, share, sublicense, redistribute, or make the original source files available as standalone files;
• You may not claim ownership of intellectual property that has not been expressly assigned to you; and
• Use outside the scope of the applicable License requires additional permission or licensing.

Different categories of Products may carry different rights.

A license that applies to a Music Production Product does not automatically apply to a beat or instrumental, and a Beat License does not automatically apply to a Software Product.

Where a Product-Specific License conflicts with a general licensing provision in this Agreement, the Product-Specific License will control with respect to that Product.

9. Beats, Instrumentals and Beat Licenses

Beats, instrumentals, stems, compositions, and related sound recordings are licensed according to the Beat License selected or presented to you at the time of purchase.

Depending on the license purchased, terms may address matters including:

• Personal or commercial use;
• Distribution rights;
• Streaming rights;
• Monetization;
• Sales or distribution limits;
• Music-video rights;
• Live-performance rights;
• Radio or broadcast rights;
• Synchronization rights;
• Content-identification systems;
• Publishing interests;
• Master-recording interests;
• Producer credit;
• Royalty obligations;
• Exclusive or non-exclusive use; and
• Other exploitation rights or restrictions.

You are responsible for reviewing the applicable Beat License before completing your purchase.

Your rights are limited to those granted by that Beat License.

Purchase of a non-exclusive Beat License does not give you exclusive ownership of the underlying beat and does not prevent us from licensing the same beat to other customers unless the applicable License expressly provides otherwise.

10. Music Kits, Sample Packs, Sound Kits and Similar Products

Unless the Product listing or a Product-Specific License expressly states otherwise, Music Production Products sold through this storefront are provided under a non-exclusive, royalty-free license for personal and commercial music production.

This category may include:

• Sample packs;
• Sound kits;
• Music kits;
• Drum kits;
• Loops;
• One-shots;
• Presets;
• MIDI files; and
• Similar music-production resources.

Commercial Use

Under the standard license described in this section, you may incorporate sounds or materials from a purchased Music Production Product into your own original musical compositions, recordings, productions, audiovisual productions, performances, and other creative works.

Subject to the applicable License, you may commercially:

• Release music containing the licensed sounds;
• Distribute resulting musical works;
• Stream and monetize resulting musical works;
• Sell recordings containing the licensed sounds;
• Perform resulting musical works;
• Create music for clients;
• Incorporate the sounds into audiovisual creative works; and
• Otherwise commercially exploit an original production incorporating the licensed material.

Royalty-Free Use

Where a Music Production Product is identified as royalty-free, you are not required to pay JEBJOSH MEDIA LIMITED continuing royalties solely because a licensed sound from that Product is incorporated into an original musical composition or production.

Royalty-free does not mean copyright-free and does not transfer ownership of the original source files to you.

JEBJOSH MEDIA LIMITED or the applicable rights holder retains copyright and ownership of the original samples, sounds, presets, MIDI files, and other source material.

Restrictions on Music Production Products

Unless a Product-Specific License expressly allows it, you may not:

• Resell the original source files;
• Redistribute the original source files;
• Share the original files with another person as a substitute for that person purchasing the Product;
• Upload the original files to a file-sharing service for others to obtain;
• Repackage the source material into another sample pack, drum kit, sound kit, loop pack, preset pack, MIDI pack, or similar competing Product;
• Sell or distribute a sound substantially unchanged as a standalone sample;
• Claim that you created or own the original source files;
• Transfer or sublicense the original Product to another person; or
• Use the source material in a way that prevents other lawful licensees from exercising their own licensed rights.

Where a loop, sample, or other source file is non-exclusive, you acknowledge that other customers may lawfully use the same material.

You should therefore avoid registering an unmodified or substantially unmodified non-exclusive source sample by itself with a content-identification or audio-fingerprinting system in a manner that could improperly generate copyright claims against other authorized users.

Products With Different Terms

Some Music Production Products may contain third-party material or may have special:

• Royalty requirements;
• Publishing requirements;
• Clearance requirements;
• Credit requirements;
• Commercial-use restrictions; or
• Other licensing conditions.

Where different terms apply, those terms will be clearly identified in the Product listing, Product-Specific License, or other license information made available in connection with the purchase.

Those specific terms will control over the standard royalty-free terms in this section.

11. Software Plugins and Downloadable Software

Software Products are licensed, not sold, except where expressly stated otherwise.

Unless a separate end-user license agreement or Product-Specific License applies, purchasing a Software Product grants you a limited, non-exclusive license to install and use the Software Product for your own lawful music-production or creative purposes.

You may use the Software Product commercially to create musical or other creative output unless the applicable Product listing or license expressly states otherwise.

You may not, except where applicable law expressly permits:

• Redistribute the Software Product;
• Sell or transfer copies without authorization;
• Publish or share activation credentials or license keys;
• Circumvent licensing or activation systems;
• Remove copyright or ownership notices;
• Use the software to infringe third-party rights; or
• Reverse engineer, decompile, or extract proprietary components except to the extent that applicable law gives you a right to do so.

System requirements, supported operating systems, plugin formats, DAW compatibility, and other technical requirements may be displayed on the applicable Product page.

You are responsible for reviewing disclosed compatibility requirements before purchase.

Your rights concerning defective or materially misdescribed Software Products are addressed in our Refund & Cancellation Policy and are not excluded by this section.

12. Exclusive Rights and Exclusive Licenses

Where a Product is sold under an exclusive license, the rights granted are those expressly stated in the applicable exclusive License.

The word "exclusive" does not automatically mean that copyright ownership has been assigned to you.

An assignment or transfer of copyright ownership occurs only where the applicable written License expressly provides for that transfer.

Depending on the applicable exclusive License, we may cease granting new licenses for the relevant beat or Product after the exclusive transaction is completed.

Existing rights previously granted to other licensees may continue where provided by their licenses and the exclusive License.

You should review the applicable exclusive License carefully before completing the purchase.

13. Custom and Commissioned Work

Where we offer customized beats, custom production, modifications, commissioned music, or other made-to-order work, additional terms may apply.

Those terms may address:

• Scope of work;
• Price;
• Deposits;
• Revisions;
• Delivery dates;
• Ownership;
• Publishing;
• Master rights;
• Credits;
• Cancellation;
• Refunds; and
• Licensing.

Where a separate written agreement applies to custom or commissioned work, that agreement will control to the extent that it conflicts with this Agreement.

Copyright or ownership in custom work does not transfer merely because the Customer commissioned or paid for the work unless the applicable agreement expressly provides for such transfer.

14. Prices, Currency, Taxes and Fees

Prices are displayed at checkout in the currency indicated.

Before completing payment, you will be shown the amount charged for your Order.

Unless expressly stated otherwise, displayed prices may exclude:

• Applicable taxes;
• Bank charges;
• Currency-conversion charges;
• Card-issuer fees;
• Mobile-money fees; or
• Other charges imposed independently by your financial institution or Payment Processor.

Where we are legally required to collect a tax or similar charge, it may be added to the transaction as required by applicable law.

15. Payment Processing

Payments are processed through third-party Payment Processors integrated with the Platform.

Available payment methods may depend on factors including:

• Your country or location;
• Our country or location;
• Transaction currency;
• Transaction amount;
• Product type;
• Payment method;
• Regulatory requirements;
• Fraud and risk controls; and
• The Payment Processor's own policies.

By completing checkout, you authorize the applicable Payment Processor to process the transaction.

Payment Processors may apply their own:

• Terms and conditions;
• Privacy practices;
• Authentication requirements;
• Fraud controls;
• Fees;
• Refund procedures; and
• Dispute procedures.

We do not store your complete card number or card security code.

Card information is handled by the applicable Payment Processor or its authorized payment infrastructure.

16. Digital Delivery

Digital Products are normally delivered electronically after successful payment confirmation.

Delivery may occur through:

• A download page;
• A customer account;
• A secure download link;
• Email;
• Software activation;
• A license entitlement; or
• Another electronic-delivery method described at checkout.

Download links may expire or may have reasonable download limits for security purposes.

If you have paid successfully but do not receive the purchased Product, contact us at support@jebjosh.com.

We will make reasonable efforts to:

• Confirm the transaction;
• Restore access;
• Reissue a download;
• Correct a delivery error; or
• Otherwise provide the Product purchased.

Where we are unable to complete delivery, your rights are governed by our Refund & Cancellation Policy and applicable law.

17. Refunds and Cancellations

Our separate Refund & Cancellation Policy, published through this storefront, forms part of the terms applicable to your purchase.

Digital Products generally cannot be physically returned once downloaded, accessed, activated, licensed, or delivered.

Accordingly, Digital Products are generally non-refundable after fulfillment merely because you change your mind.

However, refunds may be available in circumstances including where:

• You were charged more than once for the same Order;
• The wrong Product was delivered;
• Required files are missing and cannot be supplied;
• Files are materially corrupted, defective, or unusable and we cannot provide a working replacement;
• A Software Product has a material defect that we cannot reasonably resolve;
• The Product materially differs from its description;
• The purchased Product was not delivered and we cannot complete delivery;
• We cancel a paid Order; or
• Applicable law requires a refund or other remedy.

Refund requests should normally be submitted to support@jebjosh.com within 14 days of the purchase date, subject to any rights or longer periods that apply under applicable law.

Where reasonably appropriate, we may first attempt to:

• Replace a defective file;
• Correct delivery;
• Provide the correct Product;
• Restore download access; or
• Resolve a technical issue.

Approved refunds will normally be returned to the payment method used for the original transaction.

The complete conditions governing refunds, cancellation, processing times, custom Products, exclusive licenses, Software Products, and digital downloads are set out in our Refund & Cancellation Policy.

Nothing in this Agreement or our Refund & Cancellation Policy excludes any consumer right or remedy that cannot lawfully be excluded.

18. Effect of a Refund on a License

Unless applicable law or a separate written agreement provides otherwise, where an Order for a licensed Product is fully refunded:

• The License associated with the refunded Product terminates;
• Your right to begin new uses of the refunded Product ends;
• You must cease new distribution or exploitation under the terminated License;
• You must not sell, share, transfer, or redistribute the source Product; and
• You must delete the original downloadable source files where reasonably possible.

Product-Specific License terms concerning termination may also apply.

A refund does not authorize continued use of a Product after the underlying License has been terminated.

Nothing in this section overrides rights that applicable law does not permit us to exclude.

19. Chargebacks and Payment Disputes

If you believe a charge is incorrect, duplicated, unauthorized, or connected with a Product that was not properly supplied, you may contact us at support@jebjosh.com so that we can investigate.

Contacting us directly may allow an issue to be resolved more quickly, but you are not required to give up any lawful right to contact your bank, card issuer, Payment Processor, or consumer-protection authority.

If a payment dispute or chargeback is opened, we may provide the applicable Payment Processor with information reasonably necessary to respond to the dispute, including:

• Order information;
• Transaction records;
• Product information;
• License records;
• Delivery records;
• Download or access records;
• Account records; and
• Relevant customer communications.

A genuine payment dispute raised in good faith will not by itself constitute a breach of this Agreement.

However, knowingly making a false representation concerning a transaction, falsely claiming that a Product was not received when records demonstrate authorized delivery and use, or otherwise intentionally abusing a payment-dispute system may constitute fraud or a material breach of this Agreement.

Where we reasonably determine that deliberate payment fraud or abuse has occurred, we may restrict future purchases or access, subject to applicable law.

20. Fraud Prevention and Security

We, the Platform, and our Payment Processors may use reasonable fraud-prevention, authentication, and security measures.

These measures may include:

• Transaction-risk analysis;
• Payment authentication;
• Identity verification;
• Account review;
• Rate limits;
• Download-security controls;
• Device or network information;
• Transaction monitoring; and
• Manual review.

We may delay, decline, restrict, or review transactions where reasonably necessary to address suspected fraud, unauthorized payment activity, security risks, legal requirements, or Payment Processor requirements.

21. Customer Obligations

You agree to:

• Provide accurate information;
• Use the storefront lawfully;
• Comply with the License applicable to each Product;
• Respect intellectual-property rights;
• Not circumvent payment controls;
• Not circumvent download restrictions;
• Not circumvent licensing or activation controls;
• Not resell or redistribute Products except where expressly permitted;
• Not claim ownership of material you do not own;
• Not engage in fraudulent transactions; and
• Not interfere with or compromise the storefront or Platform.

22. Prohibited Use

You may not use the storefront or Products to:

• Facilitate fraud;
• Facilitate money laundering;
• Process unauthorized transactions;
• Distribute malware or malicious code;
• Obtain Products for unauthorized redistribution;
• Violate copyright, trademark, privacy, or other rights;
• Circumvent security or payment systems;
• Collect or misuse another person's information;
• Engage in deceptive activity;
• Manipulate payment-dispute systems fraudulently; or
• Engage in activity prohibited by applicable law.

23. Intellectual Property

Except where a written License expressly provides otherwise, intellectual-property rights in Products offered through this storefront remain with JEBJOSH MEDIA LIMITED or the applicable licensor.

Purchasing a Product grants you a License to use that Product according to the terms applicable to your purchase.

No copyright, trademark, master ownership, publishing ownership, source-code ownership, or other intellectual-property ownership is transferred merely because a Product is purchased.

Where ownership is intended to be transferred, that transfer must be expressly stated in the applicable written agreement or License.

Intellectual-property rights in the Trakroom Platform itself, including its software, technology, trademarks, interfaces, and Platform-owned content, belong to Trackdock Limited or its licensors.

24. Third-Party Intellectual Property

Some Products may contain material used under license from third parties.

Where third-party material creates additional:

• Royalty obligations;
• Attribution requirements;
• Publishing requirements;
• Commercial restrictions;
• Clearance obligations; or
• Other licensing requirements,

those conditions will be identified where required in the applicable Product listing or License.

You are responsible for complying with any Product-Specific License conditions clearly disclosed to you.

25. Customer Data and Privacy

Information collected in connection with your use of the storefront is handled in accordance with our Privacy Policy.

Depending on the transaction, information may be processed for purposes including:

• Fulfilling Orders;
• Delivering Products;
• Creating customer accounts;
• Processing payments;
• Preventing fraud;
• Providing customer support;
• Maintaining transaction records;
• Complying with legal requirements; and
• Protecting the security of the storefront.

Payment Processors and the Platform may independently process certain information in accordance with their own legal obligations and privacy terms.

Our Privacy Policy contains further information concerning personal-data processing and your applicable rights.

26. Third-Party Services

The storefront relies on third-party providers for functions that may include:

• Payment processing;
• Hosting;
• Cloud storage;
• Digital delivery;
• Email;
• Security;
• Analytics; and
• Other infrastructure.

Third-party services may have their own terms and may experience interruptions or operational restrictions outside our reasonable control.

Nothing in this section removes any responsibility we have under applicable law for Products or services we are legally responsible for supplying to you.

27. Storefront Availability

We use commercially reasonable efforts to keep the storefront available.

However, uninterrupted or error-free operation cannot be guaranteed.

Temporary interruptions may occur because of:

• Maintenance;
• Software updates;
• Security incidents;
• Internet failures;
• Hosting outages;
• Cloud-service failures;
• Payment Processor outages;
• Banking outages;
• Telecommunications failures; or
• Circumstances outside our reasonable control.

Where an interruption materially prevents delivery of a paid Product, contact us at support@jebjosh.com so that we can restore delivery or provide any appropriate remedy.

28. Product Quality and Warranties

We represent that, to the extent applicable:

• We have authority to enter into this Agreement;
• We have the rights necessary to sell or license Products we offer;
• Product descriptions will not knowingly misrepresent material characteristics;
• License terms will accurately describe the rights we intend to grant; and
• We will make reasonable efforts to supply Products in the condition and manner described.

Except for warranties expressly stated in this Agreement or rights that apply under law, the storefront is provided on an "as available" basis.

Nothing in this Agreement excludes, restricts, or waives any statutory guarantee, warranty, consumer right, or remedy that cannot lawfully be excluded.

29. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect or consequential losses that were not reasonably foreseeable as a result of the relevant breach.

To the maximum extent permitted by applicable law, our aggregate contractual liability arising directly from a particular Product or Order will not exceed the amount you paid for the Product or Order giving rise to the claim.

The limitations in this section do not apply to liability that applicable law does not permit us to exclude or limit.

Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, or any other matter for which liability cannot lawfully be excluded or limited.

Nothing in this section limits your rights relating to defective, materially misdescribed, or undelivered Products where applicable law provides a remedy.

30. Indemnification

To the extent permitted by applicable law, you will be responsible for third-party claims, losses, or reasonable costs directly arising from:

• Your intentional or unlawful use of a Product outside the scope of your License;
• Your unauthorized redistribution of a Product;
• Your infringement of a third party's rights through material independently added or used by you;
• Your fraudulent activity; or
• Your material breach of this Agreement.

This obligation does not require you to indemnify us for losses caused by our own fraud, negligence, willful misconduct, breach of this Agreement, or violation of applicable law.

31. Suspension and Restriction

We may reasonably suspend or restrict access to the storefront or an account where necessary to:

• Investigate suspected fraud;
• Address a security threat;
• Prevent unauthorized access;
• Respond to a Payment Processor requirement;
• Comply with applicable law;
• Protect intellectual-property rights; or
• Address a material breach of this Agreement.

Where reasonably possible and legally permitted, we will avoid restricting access to validly purchased Products that are unrelated to the issue giving rise to the restriction.

32. Termination

We may terminate your access to the storefront where you materially breach this Agreement, use the storefront fraudulently, create a serious security risk, or where termination is required by law.

Termination of a customer account does not automatically terminate validly granted Licenses unless:

• The applicable License provides for termination;
• The relevant purchase has been refunded or reversed;
• The License was obtained through fraud;
• The Customer materially violated the License; or
• Applicable law otherwise permits termination.

Provisions concerning intellectual property, payment disputes, refunds, liability, licenses, and obligations arising before termination may continue where their nature requires them to survive.

33. Force Majeure

Neither party will be responsible for failure or delay caused by circumstances beyond its reasonable control where applicable law permits.

Such circumstances may include:

• Natural disasters;
• War;
• Civil unrest;
• Government action;
• Major internet or telecommunications failures;
• Widespread cyber incidents;
• Power failures;
• Banking-system failures; or
• Payment Processor outages.

The affected party must make reasonable efforts to reduce the effect of the disruption.

Where such an event prevents us from supplying a paid Product for an extended period, any applicable refund or consumer right remains available in accordance with our Refund & Cancellation Policy and applicable law.

34. Relationship of the Parties

Nothing in this Agreement creates a:

• Partnership;
• Joint venture;
• Employment relationship;
• Franchise;
• Fiduciary relationship; or
• Agency relationship

between you and JEBJOSH MEDIA LIMITED beyond the contractual customer relationship created by your purchase.

Nothing in this Agreement creates such a relationship between JEBJOSH MEDIA LIMITED and Trackdock Limited merely because JEBJOSH MEDIA LIMITED uses Trakroom.

JEBJOSH MEDIA LIMITED operates its storefront business independently.

35. Assignment

You may not assign or transfer this Agreement or a Product License where the applicable License prohibits transfer, except with our written consent or where applicable law gives you a right to do so.

We may assign or transfer this Agreement in connection with a legitimate:

• Merger;
• Acquisition;
• Corporate restructuring;
• Sale of substantially all relevant business assets; or
• Transfer of the business operating the storefront.

Any assignment remains subject to applicable law and does not remove rights already granted to you.

36. Changes to This Agreement

We may update this Agreement from time to time to reflect changes in:

• Products;
• Business operations;
• Payment methods;
• Technology;
• Licensing practices;
• Legal requirements; or
• Regulatory requirements.

Where an update materially affects existing rights and applicable law requires notice, we will provide reasonable notice.

Unless required by law or expressly agreed otherwise, the version of this Agreement in effect when you completed an Order will govern that Order.

37. Severability

If a provision of this Agreement is found invalid, unlawful, or unenforceable, that provision will be interpreted, modified, or removed only to the minimum extent necessary.

The remaining provisions will continue to apply to the extent permitted by law.

38. No Waiver

If either party does not immediately enforce a provision of this Agreement, that does not automatically waive the right to enforce that provision later.

A waiver is effective only to the extent expressly given.

39. Entire Agreement

This Agreement should be read together with:

• The Product-Specific License applicable to your purchase;
• Our Refund & Cancellation Policy;
• Our Privacy Policy;
• Our Terms of Use; and
• Any additional written terms expressly applicable to a particular Order.

Together, those documents constitute the agreement between you and JEBJOSH MEDIA LIMITED relating to your purchase from this storefront.

Terms imposed directly by a Payment Processor may separately govern your relationship with that Payment Processor.

40. Order of Precedence

If provisions relating specifically to a Product conflict, the following order will generally apply:

1. A separately signed written agreement for that transaction;
2. The Product-Specific License;
3. This Merchant Service Agreement;
4. The Terms of Use.

Our Privacy Policy separately governs personal-data processing.

Our Refund & Cancellation Policy governs refund and cancellation procedures, subject to any mandatory rights under applicable law.

41. Dispute Resolution

If a dispute arises concerning an Order, Product, License, or this Agreement, the parties should first make reasonable efforts to resolve the issue through good-faith communication.

A notice concerning a dispute may be sent to:

JEBJOSH MEDIA LIMITED trading as Jebjosh

Email: support@jebjosh.com

Phone: +2347084254194

Business / Commercial Contact Address: 27 OLATEJU SHOMOLU (MUSHIN), LAGOS, LAGOS, Nigeria

You may also exercise any right available to contact a Payment Processor, financial institution, court, regulator, consumer-protection authority, or other body where applicable law permits.

42. Governing Law

This Agreement is governed by the applicable laws of Nigeria, without excluding mandatory rights that may apply to a Customer under the laws of another jurisdiction where those rights cannot lawfully be excluded.

Any dispute that cannot be resolved amicably may be submitted to a court or other dispute-resolution body having appropriate jurisdiction.

43. Electronic Acceptance

You agree that electronic actions may constitute acceptance of this Agreement to the extent permitted by applicable law.

Electronic acceptance may include:

• Clicking an acceptance button;
• Checking an acceptance box;
• Completing a checkout after being provided access to the applicable terms;
• Activating a Product where the applicable terms are presented; or
• Other electronic actions that clearly indicate agreement.

Electronic records relating to acceptance, Orders, payments, delivery, accounts, and communications may be retained as permitted by applicable law.

44. Contact Information

For questions concerning this Agreement, Products, licenses, Orders, delivery, or customer support, contact:

JEBJOSH MEDIA LIMITED trading as Jebjosh

Website: https://market.jebjosh.com or https://jebjosh.trakroom.com or https://trakroom.com/jebjosh

Email: support@jebjosh.com

Phone: +2347084254194

Business / Commercial Contact Address: 27 OLATEJU SHOMOLU (MUSHIN), LAGOS, LAGOS, Nigeria

Country: Nigeria

This storefront is operated by JEBJOSH MEDIA LIMITED using Trakroom, a technology platform operated by Trackdock Limited.