Last updated on April 1, 2024

These overall terms of service (“Terms”) sets forth the agreement between you and Jungle Software, LLC  (“Jungle Software”, “we”,”us” or “our”). Please read these Terms carefully as they set out the basis for which Jungle Software makes our Services (as defined below) available to you. These Terms govern your use our website (www.junglesoftware.com) and any of our software, storage, sharing, processing, support and consulting services, all related documentation and all related tools and utilities (collectively, the “Services”).

In these Terms, “you” refers to the individual using the Services or, if applicable, the company or organization you are using the Services on behalf of.

When you use our software, one or more of these additional license terms (the “Licenses”) apply:

• EULA: Applies to all versions of Gorilla scheduling and budgeting software, StoryO, and any add-ons including The Gorilla Ratebook and Koala Call Sheets and any other software published by Jungle Software (including educational versions and upgrades). You can see the EULA HERE.
• iTunes Store Licenses: Applies to our apps (including the current StoryO Mobile app made available through the App Store for iOS. To see these licenses, visit the App Store for iOS.

When you create an account or use the Services in any way, you agree to these Terms and any applicable Licenses.  If you do not agree with these Terms and the applicable Licenses, you may not use the Services.

We can change these Terms and the Licenses at any time by posting the new version(s) to our website(s). The “Last Updated” date at the top of these Terms indicates when the latest modifications were made. By continuing to access and use our Services after these Terms have been modified, you are agreeing to such modifications. Please add this page to your bookmarks and consult this site regularly to find out about any updates to these Terms. We may also notify you via email or a notice in our platform, and we may require you to consent to the updated Terms and/or Licenses before you can use the Services further. In all cases your use of the Services is always subject to the most current version of these Terms and Licenses.

Our Services are provided without warranty and with limited liability on our part (see Sections 12 and 13 below).

1.  Eligible Users and Accounts

If you are under age 18, your use the Services must be in compliance with our educational rules and requirements.

You may need an account to use some of the Services. All the information you supply when you create your account must be accurate and complete. You must immediately inform Jungle Software if you suspect unauthorized activity in your account. We will hold you responsible for all activity in your account so we recommend keeping your login information secret. You may terminate your account at any time but any fees you paid before your termination will not be refunded. Terminating your account will not relieve you of any obligation to pay any accrued fees or charges.

You may not use anyone else’s account without their express permission.

2.  Changes

Except for Services that you have already paid for, we reserve the right to change or discontinue the Services at any time and in any way. As to pre-paid Services, we can change or discontinue those Services if we offer you a prorated refund. We may assess, upgrade or change the version of any software you are using and, in order to continue to use the Services, you may need to download updates and changes to the Gorilla software and Gorilla add-on software(s) on your systems and devices.

3.  Purchases

The prices for our products are listed on our website. All payment information you supply must be accurate and complete. You are obligated to update your information to keep it current. We may bill you in advance or at the time of purchase, after your purchase or, for subscription fees, on a recurring basis. We reserve the right to refuse orders or limit quantities.

Software and Apps: When you purchase or download our software or apps, you are buying a license to those Services. You can see the specific terms of those licenses by clicking on the links above. Even if we use language such as “sell”, “purchase” and/or “buy”, you are only obtaining a license to the Service and to the related documentation and any physical media associated with the Services (such as any discs that we use to provide you with the Gorilla (and other software by Jungle Software) software.

You can find support for your purchases HERE and our refund policy HERE.

4.  Acceptable Use

You may not (yourself or through a third party):

(a)    use the Services to harm, threaten, or harass anyone (including Jungle Software and its employees, officers and directors);

(b)    use the Services and/or the non-public information you gain from using the Services to create similar services;

(c)    modify, alter, tamper with, repair or otherwise create derivative works of any of our software; reverse engineer, disassemble, decompile, discover, recreate or create derivative works of any of our software (including source code) used to provide or access the Service;

(d)    use any automated process (e.g., a bot) with the Service;

(e)    use the Services in any manner or for any purpose other than as expressly permitted by these Terms, the Licenses and the information available on our websites;

(f)    sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Services to any third party;

(g)    remove, obscure or alter any proprietary rights notice pertaining to the Service, including notices on any of our software, apps, or documentation;

(h)    access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;

(i)    use the Services in connection with anything misleading or illegal or post anything that, in the sole discretion of Jungle Software, is believed or deemed to be unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct;

(j)    attempt to access other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(k)    violate our piracy policy  https://junglesoftware.com/software-piracy/, or

(l)    violate any applicable laws or regulations; or

(m)    share passwords or other access information or devices or otherwise authorize any third party to access or use the Services.

5.  Suspension or Termination of Your Account

We reserve the right to suspend or terminate your access to the Services at any time for any or no reason, with or without notice, without any liability to us. For example (but without restricting the foregoing general rights), we may suspend or terminate Services if we know or have reason to suspect that (a) you are violating these Terms or a License, (b) you have used the Services in a manner that may cause us liability or disrupt others’ use of the Services, or (c) you fail to pay us on time. Unless we believe a suspension will be lifted quickly, we will use commercially reasonable efforts to inform you of the suspension.

6.  Posts

If we give you the ability to post comments or other publicly viewable material (“Posts”) through the Services, you will still retain sole ownership of those Posts but you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use your Posts for any purpose, including displaying your Posts on our websites and elsewhere and creating derivative works, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your Posts. Jungle Software has no obligation to monitor Posts but we reserve the right to delete Posts and/or block your ability to make Posts at anytime, for any or no reason.

7.  Ownership

Jungle Software and its licensors retain all right, title and interest in the Services, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications. Any use of our trademarks or materials on our website must be in compliance with our Permissions and Trademarks policy HERE.  Except for rights expressly granted in the Terms and the Licenses, nothing in the Terms or the Licenses grants you any other right, title or license.

Except as described in this paragraph, you may not reproduce our software, apps or our documentation for the purpose of reproducing or distributing it unless you have entered into a separate signed written agreement with Jungle Software that explicitly authorizes you to do those things. You may use documentation available on our websites (such as white papers, press releases, datasheets and FAQs) provided that (1) the following copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) you are using the documents only for informational and non-commercial or personal use and the documents will not be copied or posted on any network computer or broadcast in any media, and (3) you do not modify the documents. Accredited academic institutions, such as K-12, universities, private/public colleges, and state community colleges, may reproduce documentation for distribution in the classroom. Distribution outside the classroom requires our express written permission.

Copyright notice: Copyright © 2024 Jungle Software, LLC, 2655 First Street, Suite 250, Simi Valley, CA 93065 U.S.A. All rights reserved.

8.  Feedback

We may use your feedback and suggestions for any purpose without attribution, accounting or compensation to you.

9.  Privacy

When you use the Services, you and we are subject to our Privacy Statement. Please review our Privacy Policy carefully as it explains what information we collect from you and how we protect it.

10.  Indemnity

You will indemnify, defend, and hold harmless Jungle Software, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, demands, actions, settlements, losses, damages, costs and expenses (including interest, penalties, attorney fees, costs and expert witnesses’ fees) incurred by any Covered Entity in any way arising out of or relating to your violation of these Terms or the Licenses, your use of the Services, your content, your Posts, or any activity related to your account by you or anyone else. Jungle Software reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, settlements, losses, damages, costs and expenses (including interest, penalties, attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

11.  NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, WHETHER ARISING UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. THE COVERED ENTITIES DO NOT PROMISE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR FREE OF BUGS, ERRORS, OR MALWARE (SUCH AS VIRUSES), THAT YOUR CONTENT WILL BE AVAILABLE, SECURE OR FREE FROM LOSS, THAT OUR SERVICES WILL HELP YOU OBTAIN ANY PARTICULAR RESULT OR THAT YOUR CONTENT WILL BE SUCCESSFUL.

YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED FOR YOUR SYSTEMS TO USE THE SERVICES. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY YOUR CONENT), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE SERVICES.

The Covered Entities do not control, endorse or accept responsibility for any third party materials, products, services or offers accessible through the Services (including via links to third party websites). We make no representations or warranties about such third parties and you engage with them at your own risk.

Some jurisdictions do not allow exclusion of implied warranties or limitations on your statutory rights, so this disclaimer may not apply to you.

12.  LIMITATION OF LIABILITY

To the extent not prohibited by law, the Covered Entities shall not be liable for any incidental, special, indirect, consequential or similar damages, including lost profits, damages arising from loss of information (including your content), business interruption, arising out of or in any way related to the use of or inability to use the Services, or otherwise in connection with any provision of these Terms or the Licenses, regardless of the theory of liability (contract, tort (including negligence), product liability or otherwise) and even any Covered Entity we have been advised of the possibility of such damages. In no event shall the Covered Entities’ total aggregate liability for all damages arising under or related to the Services or any other Jungle Software products or services exceed the greater of $100 or the amount you paid for the Services in the three months preceding the event giving rise to the liability. In addition, in no event shall any Covered Entities be held liable for payment to you of any sum or any damages as a result of your being unable to use all or part of the Services. These limits apply even if a stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limits on certain liabilities so these exclusions or limitations may not apply to you. The exclusions and limitations of liability set forth herein are fundamental elements of the basis of the bargain between Jungle Software and you. The Services would not be provided without such exclusions and limitations.

13.  Location, Export

The Services are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to the applicability of and your compliance with those laws, and you will not receive, use, transfer, export or re-export any Services in a way that would cause Jungle Software to violate those laws. You also agree to obtain any required licenses or authorizations..

14.  US Government

Any software that is downloaded or used for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication and disclosure by the U.S. Government are subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Jungle Software, LLC, 2655 First Street, Suite 250, Simi Valley, CA 93065.

15.  Audit Rights

Jungle Software reserves the right to audit your compliance with these Terms and any License. You grant Jungle Software the right to access your computer and other devices to verify your compliance with these Terms and any applicable Licenses. Any audit that includes your physical premises will be made on reasonable notice.

16.  Miscellaneous

• These Terms incorporate all other licenses and policies shown on our website.
• You cannot assign your rights to the software or any other Services to any third party.
• Except for payment obligations, neither party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
• We will communicate with you either by emailing the address associated with your account or by posting on the website itself. You can provide any notices to us by sending an email to legal@junglesoftware.com.
• The Agreement is governed by the laws of the State of California, excluding its choice of laws principles. The Convention on Contracts for the International Sale of Goods will not apply.
• You must bring any claims under these Terms or the Licenses within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
• Except for the optional arbitration described next, the parties will resolve any disputes in the courts of Ventura County, California. JUNGLE SOFTWARE’S GOAL IS TO PROVIDE YOU WITH A NEUTRAL AND COST-EFFECTIVE MEANS OF RESOLVING A DISPUTE QUICKLY. THUS, EXCLUDING CLAIMS FOR EQUITABLE RELIEF, IF THE TOTAL AMOUNT IN DISPUTE IS LESS THAN $10,000, EITHER PARTY MAY ELECT TO RESOLVE THE CLAIM THROUGH BINDING ARBITRATION BY INITIATING ARBITRATION THROUGH AN ESTABLISHED PROVIDER THAT IS AGREED BY THE PARTIES. THE ARBITRATION MUST BE CONDUCTED UNDER THE FOLLOWING RULES: (A) AT THE CHOICE OF THE PARTY SEEKING RELIEF, THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE, OR SOLELY ON WRITTEN SUBMISSIONS; (B) NO PARTY OR WITNESS WILL MAKE ANY PERSONAL APPEARANCE UNLESS THE PARTIES AGREE OTHERWISE; AND (C) THE WINNING PARTY MAY HAVE THE ARBITRATOR’S AWARD ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
• You and Jungle Software hereby irrevocably and unconditionally consent to the jurisdiction of, and venue in the courts of Ventura County, California and waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible).
• Whether in court or in arbitration, to the maximum extent permitted by applicable law, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
• Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.
• If any provision of these Terms or the Licenses is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by the waiving party. No failure or delay by Jungle Software to exercise any right or remedy provided under these Terms or the Licenses or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
• The contents of the software and other Services (e.g., the design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement) are: Copyright © 2024 Jungle Software, LLC, and/or the proprietary property of our suppliers, affiliates, or licensors. All Rights Reserved..
• Jungle Software and all Jungle Software logos are trademarks, service marks and/or registered trademarks of Jungle Software in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other product and company names may be trade or service marks of their respective owners.
• We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights in the United States and/or other countries covering subject matter that is part of the Services. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved. Please also see our Permissions and Trademarks policy HERE.