Terms
Last updated:
2026
Clear context works best with clear rules.
Jam helps teams turn software moments into fixable context. These Terms explain the rules for using Jam, what you can expect from us, and what we need from you to keep the Service working safely.
If you have questions about these Terms or the Service, email us at hello@jam.dev.
These Terms of Service (the "Terms") are a binding contract between you and We Are Jam, Inc. ("Jam," "we," "us," or "our"). By using our websites, products, services, applications, browser extension, and related tools (together, the "Service"), you agree to these Terms.
These Terms include this document, our Privacy Policy, our Cookie Policy, any applicable order form or payment terms, and any other policies or additional terms that apply to specific parts of the Service (the "Additional Terms"). If you use a feature covered by Additional Terms, those Additional Terms also apply to you.
Please read these Terms carefully. They include important information about fees, renewals, changes to the Service, limitations of liability, arbitration, and a class action waiver.
Important arbitration notice: Except for certain types of disputes described in the "Arbitration Agreement" section below, you and Jam agree that disputes will be resolved by binding, individual arbitration. You also agree to waive your right to participate in a class action lawsuit or class-wide arbitration.
If you do not agree to these Terms, you may not use the Service.
In This Document
Start here
Account and access
Using Jam responsibly
Content, rights, and sharing
Third parties and security
Payment, changes, and ending use
Liability, disputes, and other legal terms
Data Processing Agreement
I. Start Here
Jam changes over time. When the Service changes, these Terms may need to change too. We may update these Terms by posting a notice on https://jam.dev, emailing you, or notifying you in another reasonable way.
If you do not agree with updated Terms, you can stop using the Service. If you keep using the Service after the updated Terms take effect, you agree to the updated Terms.
Except for updates we make as described here, no amendment to these Terms is effective unless it is in writing and signed by both you and Jam.
Privacy
Your privacy matters to us. Our Privacy Policy explains what personal data we collect, why we collect it, how we use and share it, and the choices you have.
If you are using Jam for a business or organization, the Data Processing Agreement at the end of these Terms may also apply.
II. Account and Access
Your Account
You may need an account to use some or all of the Service. If you create an account, you must provide accurate, complete, and current information.
If the Service allows you to add employees, contractors, agents, teammates, or other authorized users to your account, you are responsible for how those users access and use Jam. You must not let more than the authorized number of users access the Service, and you must not allow users to share login credentials.
You are responsible for activity that happens through your account, including activity by authorized users and activity you did not authorize. Keep your login credentials secure and tell us promptly if you believe your account has been compromised.
You may be able to sign in or use certain features through third-party accounts, such as Google or GitHub. If you connect a third-party account, you authorize us to access the information made available to Jam through that account so we can provide the Service. You can control what is shared with us by adjusting the settings in the third-party account.
By using the Service, you represent and warrant that:
you are old enough to form a binding contract, or you have permission from a parent or guardian who agrees to these Terms on your behalf;
you will use the Service only for your own internal purposes or the internal purposes of the organization you represent;
you will use the Service only in compliance with laws that apply to you; and
you are not prohibited from using the Service under applicable law.
If the law says you cannot use Jam, you are not authorized to use Jam.
Messages From Jam
As part of the Service, you may receive messages from us, including email and in-product messages. When you sign up, we may send a welcome message and instructions for managing the types of messages you receive.
III. Using Jam Responsibly
Rules for Using Jam
Jam works best when teams use it to make software moments clear. You agree that you will not contribute content, upload a Jam, create a submission, or otherwise use or interact with the Service in a way that:
infringes or violates anyone's intellectual property rights, privacy rights, publicity rights, or other rights;
violates any law or regulation, including export control or privacy laws;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
compromises the security of your account or anyone else's account;
attempts to get another user's password, account details, or security information;
violates the security of any computer network or breaks any password, authentication, or encryption measure;
runs mailing lists, listservs, auto-responders, spam, or similar processes through the Service;
interferes with the proper working of the Service, including by putting an unreasonable load on our infrastructure;
crawls, scrapes, spiders, or otherwise collects any page, data, content, or portion of the Service through manual or automated means;
copies or stores a significant portion of content from the Service, except as the Service itself allows; or
decompiles, reverse engineers, or otherwise tries to obtain source code, underlying ideas, or non-public information about the Service.
Breaking these rules is grounds for suspending or ending your access to the Service.
IV. Content, Rights, and Sharing
Rights in the Service
The Service includes text, graphics, data, articles, photos, images, illustrations, software, product flows, and other materials (collectively, "Content"). Content is protected by copyright, trademark, and other intellectual property laws.
You agree to follow all copyright notices, trademark rules, restrictions, and other information that appears in or applies to Content you access through the Service. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit Content you do not own unless you have permission from the owner or these Terms expressly allow it.
Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable, non-transferable license to use Content solely as needed to use the Service. Using, reproducing, modifying, distributing, or storing Content for any other purpose requires our prior written permission.
Jam owns the Service. Even if the Service lets you copy, share, or download certain Content, the restrictions in this section still apply.
Your Jams and Other Submissions
Anything you post, upload, share, store, record, submit, or otherwise provide through the Service is a "User Submission." This includes Jams, screen recordings, audio recordings, comments, metadata, logs, network requests, files, feedback, and other information you choose to capture or share through Jam.
You are responsible for your User Submissions. You represent and warrant that your User Submissions comply with applicable laws, rules, and regulations, and that you have the rights needed to submit them to Jam and grant the licenses in these Terms.
The License You Grant Jam
To provide the Service, Jam needs permission to host, process, display, transmit, adapt, and use your User Submissions in the ways required to make Jam work.
By submitting User Submissions through the Service, you grant Jam a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit the User Submissions to operate, provide, secure, support, and improve the Service, including displaying User Submissions to other users within your organization or to people you choose to share them with.
We may also aggregate or de-identify information from User Submissions for research, analytics, product development, and Service improvement. We will not publicly distribute that information in a way that identifies you or your organization.
The licenses in this section are subject to our Privacy Policy to the extent User Submissions include personal data.
Sharing
Some features let you share information with others, including through social networks or other third-party accounts. When the Service allows sharing, we will identify what can be shared and how, usually through a share button or similar feature.
If you share information from the Service through a third-party account, you authorize Jam to share that information with the applicable third-party account provider. Please review the provider's policies to understand how they may use that information.
If you redistribute Content, you must be able to edit or delete it, and you must do so promptly if we ask.
Finally, you understand that Jam may need to make technical changes to User Submissions so they work with networks, devices, services, media, and product requirements. The license above includes the rights needed to make those technical changes.
Copyright Concerns
We respect intellectual property rights. We may delete or disable Content alleged to be infringing and may terminate accounts of repeat alleged infringers.
If you believe something on the Service infringes your copyright, contact us at hello@jam.dev with enough information for us to understand and review the concern.
V. Third Parties and Security
Third-Party Services and Content
Information or Content posted or privately transmitted through the Service is the responsibility of the person or organization that provided it. You access that information and Content at your own risk.
The Service may contain links or connections to third-party websites, services, integrations, or platforms that Jam does not own or control. When you use third-party services, you accept that there are risks, and Jam is not responsible for those risks.
Jam does not control, monitor, verify, censor, or edit third-party websites or services. We are not responsible for their content, accuracy, privacy practices, terms, opinions, availability, or security.
Your interactions with third parties are between you and those third parties. You should make whatever investigation you think is necessary before entering into a transaction or relationship with a third party.
If there is a dispute between users, between participants on the Service, or between you and a third party, Jam has no obligation to get involved.
To the fullest extent allowed by law, you release Jam, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related to those disputes or the Service.
You waive California Civil Code Section 1542 and any similar law of any jurisdiction, which says in substance that a general release does not extend to claims the releasing party does not know or suspect to exist in their favor at the time of the release and that, if known, would have materially affected the settlement.
Confidentiality and Security
Each party agrees to use the other party's Confidential Information only as allowed by these Terms and not to disclose it to third parties without prior written consent, except as allowed here.
Either party may disclose Confidential Information:
to employees, officers, directors, attorneys, auditors, financial advisors, and other representatives who need to know it and are bound by confidentiality obligations consistent with these Terms; and
as required by law, provided that the receiving party gives prior written notice when legally permitted, gives the disclosing party a chance to contest the disclosure, and uses reasonable efforts to limit the disclosure.
Each party agrees to use due care to protect the other party's Confidential Information from unauthorized use and disclosure, using measures no less secure than those it uses to protect its own confidential information.
"Confidential Information" means information or data disclosed by either party that is marked or designated as confidential or proprietary, or that should reasonably be understood as confidential given the nature of the information and the circumstances of disclosure.
Confidential Information does not include information that:
becomes public through no fault of the receiving party;
was properly known by the receiving party without restriction before disclosure;
was properly disclosed to the receiving party without restriction by someone with legal authority to do so; or
was independently developed by the receiving party without using or referencing the disclosing party's Confidential Information.
We use technical, organizational, and physical safeguards designed to protect Confidential Information. No security measure is failsafe, and we cannot guarantee absolute security.
VI. Payment, Changes, and Ending Use
Changes to Jam or These Terms
We are always working to improve Jam. We may change, suspend, or discontinue any part of the Service. We may introduce new features, limit existing features, or restrict access to some or all of the Service.
We will try to give notice when we make a material change that would adversely affect you, but we may not always be able to do so.
We may remove Content from the Service at any time, for any reason, in our sole discretion, including if someone alleges that Content violates these Terms.
Paid Services
Some parts of the Service may require payment now or in the future ("Paid Services"). Payment terms presented when you sign up for, order, or use a Paid Service are part of these Terms.
We may change fees or begin charging fees for some or all Services in the future.
Your payment terms may depend on your payment method and your agreements with your financial institution, card issuer, or payment provider. If we do not receive payment through our payment processor, you agree to pay all amounts due on demand.
Ending Your Account
You may stop using the Service at any time by contacting us at hello@jam.dev. Our Privacy Policy and the license sections above explain how we handle information you provided after you stop using Jam.
Jam may terminate or suspend your access to the Service or your account for any reason in our discretion, including if you breach these Terms. Jam has the sole right to decide whether you have violated these Terms.
Account termination may result in deletion or destruction of Content associated with your account. We will try to give you advance notice before terminating your account so you can retrieve important User Submissions, where allowed by law and these Terms. We may not give notice if we determine that notice would be impractical, illegal, not in the interest of someone's safety or security, or harmful to Jam's rights or property.
If you delete your account by mistake, contact us immediately at hello@jam.dev. We will try to help, but we cannot promise that we can recover or restore anything.
Provisions that should survive termination will survive. For example, obligations to pay or indemnify us, limitations on our liability, ownership and intellectual property terms, confidentiality terms, and dispute resolution terms will survive.
VII. Liability, Disputes, and Other Legal Terms
This section is formal because it allocates legal risk between you and Jam.
Warranties, Liability, and Indemnity
Warranty Disclaimer
Jam and its licensors, suppliers, partners, parents, subsidiaries, affiliates, officers, directors, members, employees, consultants, contractors, representatives, agents, successors, and assigns (together, the "Jam Parties") make no representations or warranties concerning the Service, including any Content contained in or accessed through the Service.
The Jam Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service, or for claims, actions, suits, proceedings, costs, expenses, damages, or liabilities arising out of or related to your participation in or use of the Service.
The Jam Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Service.
The Service and Content are provided by Jam and its licensors and suppliers on an "as is" basis, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties that use of the Service will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so some of these limitations may not apply to you.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory, including tort, contract, strict liability, or otherwise, will any Jam Party be liable to you or any other person for:
indirect, special, incidental, punitive, or consequential damages of any kind, including lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction;
substitute goods, services, or technology;
any amount, in the aggregate, above the greater of one hundred dollars ($100) or the amounts paid or payable by you to Jam in connection with the Service in the twelve (12) months before the claim; or
any matter beyond our reasonable control.
Some states do not allow the exclusion or limitation of incidental, consequential, or certain other damages, so some of these limitations may not apply to you.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold the Jam Parties harmless from and against claims, liabilities, damages, losses, and expenses, including attorneys' fees, arising from or related to:
your use of the Service, including actions taken by a third party using your account; or
your violation of these Terms.
If a claim, suit, or action is brought, we will try to provide notice using the contact information we have for your account. Failure to provide notice does not reduce or eliminate your indemnification obligations.
Assignment
You may not assign, delegate, or transfer these Terms, your rights or obligations, or your Service account without Jam's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
Governing Law
These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to conflict of law rules.
Arbitration Agreement
Please read this section carefully. It requires certain disputes and claims between you and Jam to be resolved through arbitration and limits the way you can seek relief from Jam.
Both you and Jam acknowledge and agree that, for any dispute arising out of or relating to these Terms, Jam's officers, directors, employees, and independent contractors ("Personnel") are third-party beneficiaries of these Terms. Once you accept these Terms, Personnel will have the right to enforce these Terms against you as third-party beneficiaries.
Arbitration Rules and Applicability
The parties will use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to these Terms through good-faith negotiations before either party initiates arbitration.
If negotiations do not resolve the dispute, the dispute will be finally settled by binding arbitration in Travis County, Texas. The arbitration will proceed in English under the JAMS Streamlined Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience resolving intellectual property and commercial contract disputes. The arbitrator will be selected from the appropriate list of JAMS arbitrators under those rules. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Costs of Arbitration
The JAMS rules will govern payment of arbitration fees. Jam will pay all arbitration fees for claims under seventy-five thousand dollars ($75,000). Jam will not seek attorneys' fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.
Small Claims Court and Infringement
Either you or Jam may bring qualifying claims in small claims court in Travis County, Texas, or in any United States county where you live or work.
Either party may also seek injunctive or equitable relief from any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Jury Trial Waiver
You and Jam waive any constitutional and statutory rights to go to court and have a trial before a judge or jury. You and Jam are choosing to resolve claims and disputes through arbitration. Arbitration procedures are usually more limited, more efficient, and less costly than court rules, and arbitration decisions are subject to very limited court review.
In any litigation between you and Jam about whether to vacate or enforce an arbitration award, you and Jam waive all rights to a jury trial and agree that a judge will resolve the dispute.
Class Action Waiver
All claims and disputes covered by this arbitration agreement must be handled individually, not as a class action.
Claims from more than one customer or user cannot be arbitrated, litigated, joined, or consolidated together.
If this class action waiver is found invalid or unenforceable, neither you nor Jam is entitled to arbitration. Instead, all claims and disputes will be resolved in court as described below.
Opt Out
You may opt out of this arbitration agreement by sending written notice to:
4806 Ribbecke Ave, #B
Austin, TX
Your notice must be postmarked within thirty (30) days after you first accept these Terms and must include:
your name and residence address;
the email address or phone number associated with your account; and
a clear statement that you want to opt out of the arbitration agreement in these Terms.
Exclusive Venue
If you opt out of arbitration, or if the arbitration agreement permits you or Jam to litigate a dispute in court, both you and Jam agree that any judicial proceeding, other than small claims actions, will be brought in the state or federal courts located in Travis County, Texas, or the federal district in which that county sits.
Severability
If the prohibition against class actions and other representative claims is found unenforceable, all preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the end of your relationship with Jam.
Miscellaneous
You are responsible for paying, withholding, filing, and reporting taxes, duties, and other governmental assessments associated with your activity in connection with the Service. Jam may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
If either party fails to exercise a right under these Terms, that failure is not a waiver of further rights.
If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms remain in full force and effect.
These Terms are the complete and exclusive statement of the understanding between you and Jam and supersede all prior written and oral agreements, communications, and understandings relating to the subject matter of these Terms.
You are not an employee, agent, partner, or joint venture of Jam, and you do not have authority to bind Jam in any respect.
Except as expressly stated in the arbitration section, there are no intended third-party beneficiaries under these Terms.
VIII. Data Processing Agreement
This section is more technical by design. It explains how Jam processes personal data on behalf of customers when the Service is used in a business context.
Scope and Applicability
This Data Processing Agreement ("DPA") forms part of and is incorporated into the Terms of Service. It governs Jam's Processing of Personal Data on behalf of the Customer in connection with the Service.
This DPA applies to all Processing of Personal Data subject to applicable Data Protection Laws, regardless of the geographic location of the Customer, Data Subjects, or Jam. It is not limited to Processing subject to the General Data Protection Regulation.
Definitions
"Data Protection Laws" means all laws and regulations applicable to the Processing of Personal Data under this DPA, including, as applicable: Regulation (EU) 2016/679 (GDPR); the UK GDPR and the UK Data Protection Act 2018; the Swiss Federal Act on Data Protection; the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA/CPRA"); other U.S. state privacy laws; and any other similar laws relating to data protection, privacy, or security.
"Controller," "Processor," "Personal Data," "Processing," "Data Subject," and "Personal Data Breach" have the meanings given in the GDPR. Where Data Protection Laws use different terminology, including "Business," "Service Provider," or "Contractor," those terms will be deemed to have equivalent meaning for purposes of this DPA.
Roles of the Parties
For purposes of this DPA and applicable Data Protection Laws, Customer acts as the Controller or equivalent, including "Business" under the CCPA/CPRA, and Jam acts as the Processor or equivalent, including "Service Provider" or "Contractor" under the CCPA/CPRA.
Processing on Instructions
Jam will Process Personal Data solely on documented instructions from Customer, including as set forth in this DPA, the Terms of Service, and Customer's configuration and use of the Service, unless Processing is required by applicable law.
Where Jam is required by applicable law to Process Personal Data other than in accordance with Customer's instructions, Jam will, to the extent legally permitted, notify Customer before such Processing.
Jam will promptly inform Customer if Jam reasonably believes that an instruction infringes applicable Data Protection Laws.
These clauses reflect Customer's instructions. Customer may issue subsequent instructions during the Processing of Personal Data, provided those instructions are strictly related to the Service under the Terms of Service, documented and kept in writing, including electronic form, and communicated in advance.
Details of Processing
Subject matter: Provision of the Service, including creation, capture, storage, analysis, viewing, sharing, and management of recordings ("Jams").
Duration: The term of the Agreement and any additional retention period configured by Customer or required by applicable law.
Nature and purpose: Processing necessary to enable bug reporting, product feedback, troubleshooting, collaboration, and related technical support activities.
Categories of Data Subjects: Customer's authorized users and, where applicable, Customer's end users or other individuals whose Personal Data may appear in a Jam.
Categories of Personal Data: Screen and video recordings; audio recordings; URLs, timestamps, and interaction metadata; browser, device, and operating system metadata; console logs and network requests; and any Personal Data visible or audible in the recording.
Special categories of data: The Service is not intended to Process special categories of data under Article 9 GDPR or Sensitive Personal Information under CCPA/CPRA.
Customer Responsibilities
Customer represents and warrants that it has established and will maintain a valid legal basis for the Processing of Personal Data; has provided all required notices to, and obtained all necessary consents from, Data Subjects; and will not instruct Jam to Process Personal Data in a manner that would cause Jam to violate applicable Data Protection Laws.
Jam Responsibilities
Jam and any person acting under Jam's authority who has access to Personal Data will Process it exclusively in accordance with Customer's instructions, solely for the purpose of providing the Service, unless Jam is legally required to do otherwise.
Jam will take necessary measures to ensure that employees or collaborators authorized to carry out Processing operations do so only on a need-to-know basis and in accordance with this DPA.
Jam will ensure that authorized persons are subject to confidentiality undertakings or professional or legal confidentiality obligations and are trained on principles and measures relating to Personal Data protection.
Security Measures
Jam will implement and maintain appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk, in accordance with Article 32 GDPR and equivalent requirements under applicable Data Protection Laws. Jam will regularly review and update those measures.
Data Breaches
Jam will notify Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Personal Data and will provide reasonably available information to enable Customer to comply with its obligations under applicable Data Protection Laws.
Assistance and Cooperation
If Customer uses Jam's paid services, Jam will reasonably assist Customer in complying with obligations relating to data subject requests, Personal Data security, data protection impact assessments, prior consultation, and requests from public authorities, including supervisory authorities.
Return and Deletion
Jam will return all original documents and delete or destroy materials in any medium containing Personal Data, unless Jam has a legal obligation to store that data. Jam may continue to retain documents containing Personal Data where applicable law requires storage, including legal, tax, financial, accounting, and archiving obligations.
Audits
Jam will provide Customer with materials, documents, or other information reasonably necessary to confirm that Jam has acted in accordance with its data protection obligations under this DPA. Jam may satisfy this obligation by providing copies of relevant certifications, audit reports, or summaries, including SOC 2 Type II reports or equivalent independent third-party audit reports.
Only by way of exception, and only to the extent the materials, documents, and information provided by Jam are not sufficient to assess Jam's compliance with this DPA, Customer may conduct an inspection at Jam's premises. Customer must provide at least thirty (30) days' advance notice of any requested inspection.
Any inspection will be limited strictly to the services Jam provides to Customer as a paying customer and will not extend to Jam's other customers, systems, infrastructure, or business operations unrelated to the services provided to Customer.
All inspections will be conducted during normal business hours and in a manner that does not disrupt, interfere with, or adversely affect Jam's normal business operations, security measures, or service delivery.
All costs, expenses, and fees associated with an inspection, including Jam's reasonable internal costs incurred in facilitating the inspection, will be borne exclusively by Customer.
Audit and inspection rights under this DPA may be exercised only by Customers who are paying customers of Jam.
Sub-processors
Customer grants Jam a general written authorization to engage sub-processors. Jam will maintain and make available the list of sub-processors and any subsequent changes to that list.
Before disclosing Personal Data to a sub-processor, Jam will enter into a valid and enforceable written contract with that sub-processor that includes terms substantially identical to the obligations applicable to Personal Data under this DPA and requires the sub-processor to comply with those obligations.
CCPA/CPRA Service Provider Obligations
Where Customer Personal Data constitutes Personal Information under the CCPA/CPRA, Jam acts as a Service Provider or Contractor. Jam will not Sell or Share Personal Information, will not use it for purposes other than providing the Service, will not combine it with data from other sources except as permitted by law, and certifies compliance with these restrictions.
Cross-Border Data Transfer Addendum
This addendum applies only for EU, UK, and Swiss customers.
1. Definitions
For purposes of this addendum, the terms below have the meanings set forth below. Capitalized terms used but not otherwise defined in this addendum have the meanings set forth in the Agreement.
"Standard Contractual Clauses" means, depending on the circumstances unique to Customer, any of the following:
UK International Data Transfer Addendum; or
EU 2021 Standard Contractual Clauses ("EU SCCs").
"UK International Data Transfer Addendum" means the UK International Data Transfer Addendum ("IDTA") to the EU Commission Standard Contractual Clauses issued by the UK Information Commissioner for Parties making Restricted Transfers, as may be amended, updated, or superseded from time to time.
"2021 Standard Contractual Clauses" means the Standard Contractual Clauses approved by the European Commission in decision 2021/914.
2. Cross-Border Data Transfers
The parties agree that the 2021 Standard Contractual Clauses will apply to Personal Data transferred through the Service from the European Economic Area, directly or through onward transfer, to any country or recipient outside the European Economic Area that the European Commission does not recognize as providing an adequate level of Personal Data protection.
For data transfers from the European Economic Area subject to the 2021 Standard Contractual Clauses, the 2021 Standard Contractual Clauses are deemed entered into, incorporated into this addendum by reference, and completed as follows:
Module Two (Controller to Processor) applies when Customer is the Controller of Personal Data and Jam Processes Personal Data on Customer's behalf.
Module Three (Processor to Processor) applies when Customer is a Processor of Personal Data and Jam is Customer's sub-processor.
For each Module, where applicable:
Clause 7: the optional docking clause will not apply.
Clause 9: Option 2, "General Written Authorisation," will apply.
Clause 11: the optional language will not apply.
Clause 17, Option 1: the 2021 Standard Contractual Clauses will be governed by Estonian law.
Clause 18(b): disputes will be resolved before the courts of Estonia.
Annex I, Part A (List of Parties):
Data Exporter: You.
Contact details: The email address or addresses you used to create an account with Jam.
Data Exporter Role: The parties acknowledge and agree that, regarding the Processing of Personal Data, Customer may act either as a Controller or Processor and Jam acts as a Processor. Jam will Process Personal Data in accordance with Customer's instructions as outlined in "Processing on Instructions" of this DPA.
Signature and Date: By accepting the Terms of Service and using the Service, Data Exporter is deemed to have signed the Standard Contractual Clauses incorporated herein, including their annexes.
Data Importer: We Are Jam, Inc.
Address: 4806 Ribbecke Avenue B, Austin, TX 78721, United States.
Contact details: Jam.dev, hello@jam.dev.
Data Importer Role: The parties acknowledge and agree that, regarding the Processing of Personal Data, Customer may act either as a Controller or Processor and Jam acts as a Processor. Jam will Process Personal Data in accordance with Customer's instructions as set forth in "Processing on Instructions" of this DPA.
Signature and Date: By providing the Service under the Terms of Service, Data Importer is deemed to have signed the Standard Contractual Clauses incorporated herein.
Annex I, Part B (Description of Transfer):
The categories of Data Subjects are described in "Details of Processing" of this DPA.
The categories of Personal Data transferred are described in "Details of Processing" of this DPA.
The parties do not foresee the transfer of sensitive data.
Signature and Date: By accepting the Terms of Service and using the Service, Data Exporter is deemed to have signed the Standard Contractual Clauses incorporated herein, including their annexes.
The nature of Processing is described in "Details of Processing" of this DPA.
The purpose of Processing is described in "Details of Processing" of this DPA.
The period for which Personal Data will be retained and the criteria used to determine that period are described in the privacy, security, and compliance section of Jam's website.
Transfers to sub-processors are described in "Sub-processors" of this DPA. The current list of sub-processors is published at https://jamdotdev.notion.site/Jam-Sub-processors-5c079ffb9ab54045b7d85a923bf61e37.
Annex I, Part C:
The Irish Data Protection Commission will be the competent supervisory authority.
Annex II:
The content of "Security Measures" of this DPA, together with the technical and organizational measures published at https://jam.dev/docs/company/security-privacy-and-compliance-policy, describes the technical and organizational measures applicable to the transfer.
2.3 Switzerland Data Transfers
For any transfer of Personal Data outside Switzerland, or Personal Data governed by the Swiss Federal Act on Data Protection ("FADP") and the revised FADP ("revFADP"), to a third country without an adequacy decision or equivalent issued by the European Commission or relevant Swiss authority, the parties agree that the EU SCCs in this addendum apply, subject to the following:
References to "General Data Protection Regulation" or "Regulation (EU) 2016/679" in the EU SCCs will be interpreted to include the FADP and, where applicable, the revFADP.
Clause 13: If the transfer is subject only to the FADP or revFADP, the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland is the exclusive supervisory authority. If the transfer is governed by both the GDPR and the FADP or revFADP, the competent supervisory authority with parallel supervision is the FDPIC, and where the transfer is governed by the GDPR, the criteria of Clause 13(a) for selecting the competent authority must be observed.
Clause 17: The EU SCCs will be governed by Swiss law if the transfer is subject solely to FADP or revFADP, or otherwise by the law of one of the EU Member States, provided that Member State law allows third-party beneficiary rights.
Clause 18(b): Any dispute arising from the EU SCCs will be resolved by the courts of Switzerland if the transfer is subject solely to FADP or revFADP, or by the courts of an EU Member State in other cases.
Clause 18(c): The term "Member State" must not be interpreted to exclude Data Subjects in Switzerland from suing for their rights in their place of habitual residence in accordance with Clause 18(c) of the EU SCCs.
The EU SCCs will protect the data of legal entities until the entry into force of the revFADP.
2.4 UK International Data Transfer Addendum
The parties agree that the UK International Data Transfer Addendum applies to Personal Data transferred through the Service from the United Kingdom, directly or through onward transfer, to any country or recipient outside the United Kingdom that is not recognized by the competent UK regulatory authority or governmental body as providing an adequate level of Personal Data protection.
For data transfers from the United Kingdom subject to the UK International Data Transfer Addendum, the addendum is deemed entered into, incorporated into this addendum by reference, and completed as follows:
Table 1: Parties
The Start Date is the date of the last signature of the parties on this addendum or the Agreement.
The parties are set forth in Annex I.A of the EU SCCs to which this IDTA is appended.
Table 2: Selected SCCs, Modules, and Selected Clauses
The version of the Approved EU SCCs to which this IDTA is appended, including the Appendix Information, applies.
Table 3: Appendix Information
Annex 1A, List of Parties: The parties are set forth in Annex I.A of the EU SCCs to which this IDTA is appended.
Annex 1B, Description of Transfer: The description of the transfer is set forth in Annex I.B of the EU SCCs to which this IDTA is appended.
Annex II, Technical and organizational measures: The technical and organizational measures are set forth in Annex II of the EU SCCs to which this IDTA is appended.
Annex III, List of Sub-processors: Not applicable.
Table 4: Ending this Addendum when the Approved Addendum Changes
The Exporter and Importer may end this IDTA as set out in Section 19 of the IDTA.
Part 2 of the IDTA is incorporated by reference.
2.5 Conflict
To the extent there is any direct conflict between the Standard Contractual Clauses and any other terms in this DPA, the Agreement, or the Privacy Policy, the Standard Contractual Clauses will prevail.