Platform Terms of Service
Please read these Platform Terms of Service (“Terms”) carefully. By accessing or using the Platform (defined below) or signing up for an account, you agree that you have reviewed and understood, and, as a condition of your access to or use of the Platform, you agree to be bound by these Terms, which are a legal agreement between you and Kajabi, LLC and our affiliated entities (collectively, “Kajabi”, “we”, “us”, or “our”).
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND KAJABI AGREE THAT ALL DISPUTES RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Let’s review a few definitions that should help you understand these Terms. Kajabi offers an online platform that allows you to create and host your online digital business (each, a “Site”, and collectively, “Sites”), to reach and manage your end users, customers, and subscribers (your “Customers”), and to create, send, and manage marketing campaigns (each a “Campaign,” and collectively, “Campaigns”), among other things. Our platform is operated by the Kajabi group of companies and is offered through our website, https://kajabi.com, and any other website or mobile application owned, operated, or controlled by us (the “Kajabi Site,” and together with the insights, analytics, and other features we make available through our products and services, is collectively referred to as the “Platform” or “Product”). Any new features or tools added to the current offering will be deemed part of the Platform and subject to these Terms.
Kajabi has employees, affiliates, officers, directors, independent contractors, vendors, agents, and representatives (our “Team”). As a customer of Kajabi or a representative of an entity that’s a customer of Kajabi, we refer to you as a Kajabi “Hero” (or “you”). A “Contact” is any person you, as a Hero, may contact through our Platform or anyone on your distribution list about whom you have given us information or anyone who has otherwise interacted with you via the Platform. For example, if you are a Hero, a subscriber to your email marketing campaigns, or a user of your website or courses would be considered a Contact. “Content” means your trademarks, copyright content, any products or services you sell through the Platform, and any software (including machine images), data, text, audio, video or images, coaching offerings, and personal data uploaded, collected, posted, stored, displayed, distributed, or transmitted on or in connection with your account or your Site.
These Terms, along with our Acceptable Use Policy, Privacy Policy, and the Kajabi Data Protection Addendum (including the Standard Contractual Clauses (“SCCs”)), and all other policies found in our Legal and Policy Center (collectively, the “Kajabi Policies”), define the terms and conditions under which you’re allowed to use the Platform. Our Privacy Policy and Cookie Statement describe how we’ll treat your account and the data we collect and process about you, your Customers, and your Contacts while you’re a Kajabi Hero. If you don’t agree to the Kajabi Policies, you must immediately discontinue using the Platform.
Additional terms and restrictions available on our Kajabi Site at https://kajabi.com/policies (“Additional Terms”) apply to some specific features of the Platform, including some that are offered as add-ons to your Kajabi account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Heroes agree to the applicable Additional Terms when they add the corresponding Add-on or use the corresponding feature. The account of some Heroes may have access to unique features of the Platform based on their historical usage or status that may not be available to all Heroes.
Kajabi uses Google Calendar to provide certain features of the Platform, and, as a result, we are contractually obligated to make our Heroes aware of specific terms related to using such features. By signing up for an account and using the Platform, you agree to be bound by the Google Calendar terms (including the Google Privacy Policy).
If you download an App to access the Platform through the Apple App Store, Google Play, or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us and not with the App Provider, and that we are responsible for the Platform, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the Platform; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the Platform, and the App Provider will have the right to enforce these Terms as related to your use of the Platform against you.
Kajabi may modify or change these Terms at any time. When we change these Terms, we will post the revised Terms here. Any changes will be effective immediately or on the published effective date. Your use of the Platform after any modification or amendment means you agree to the new Terms. If you do not agree to the new Terms, you must stop using the Platform.
If you have any questions about these Terms, please contact us at legal@kajabi.com.
Platform Terms of Service Agreement
Thank you for using Kajabi’s Platform. Our Heroes are the most important aspect of our business, and we appreciate you looking to Kajabi to further your business. If you are using the Platform on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization, and you represent that you have such authority. “Hero”, “you”, and “your” will refer to that entity or organization.
When you subscribe to our Platform, or otherwise use or access the Platform, you agree to be bound by these Terms, all other Kajabi Policies, and all applicable laws, rules, and regulations. Kajabi is not an educational institution or content provider. Our Heroes, users, entrepreneurs, customers, experts, and partners are not our employees, contractors, or representatives. We are not responsible for any interactions between you and your Customers or other Contacts, other than providing the Platform. We are in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your Customers or other Contacts, including their reliance upon any information or Content you provide.
1. Your Kajabi Account
1.1. Registering an Account
1. To access and use the Platform, you must subscribe to Kajabi and register for a Kajabi account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address (your “Primary Email Address”), and any other information requested. Kajabi may reject a subscription for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2. You confirm that you are using the Platform or any other services provided by Kajabi to carry on a business activity and not for personal, household, or family purposes.
1.2. Eligibility
To use the Platform or any other Kajabi product or service and open an Account, you must:
1. Be at least (18) years old (or the applicable age of your jurisdiction) and able to enter into contracts.
2. If you are not an individual, warrant that you are validly formed and existing under the laws of your jurisdiction of formation, have full power and authority to enter into these Terms, and have duly authorized your agent to bind you to these Terms.
3. Complete the Account registration process.
4. Agree to these Terms and all other terms, conditions, and policies linked in these Terms.
5. Provide true, complete, and up-to-date contact and billing information.
6. You may only use the Platform as permitted by applicable law. You may not use the Platform if you are located in a country embargoed by the United States (such as Cuba, Iran, North Korea, Syria, Russia, the Crimea, Donetsk, or Luhansk regions) or if you are on the U.S. Department of Commerce’s Denied Persons List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals.
By using the Platform, you represent and warrant (make a legal promise) that you meet all of the requirements listed above and will not use the Platform in a way that violates any laws or regulations.
Kajabi may refuse service to anyone for any reason, close Accounts of any Hero, or change eligibility requirements at any time.
1.3. Account Management
1. Subject to Section 1.3.2, the Hero signing up for the Platform by opening an Account will be the contracting party for our Terms, and will be the person who is authorized to use any corresponding Account we may provide to the Hero in connection with the Platform. You are responsible for ensuring that your name and/or the full legal name of your business is clearly visible on your Site.
2. If you are signing up for the Platform on behalf of your employer or other entity, your employer or such other entity will be the Hero. You must use your employer-issued email address and represent that you have the authority to bind your employer or such entity to these Terms.
3. You may not share an Account. Kajabi Sites can only be associated with one Hero unless you have received Kajabi’s prior written consent. A Hero can have multiple Sites.
4. Based on your subscription plan, you can permit employees or independent contractors acting on your behalf and at your direction (each, an “Admin User”) to access or use your Account and/or the Platform, provided their use is for your benefit only and remains in compliance with these Terms. Each Admin User must provide a full legal name and a valid email address. With Admin Users, you can set permissions and let other people work in your Account while determining the level of access by an Admin User to specific business information. You will be responsible and liable for all Admin Users’ access and use of your Account and/or the Platform and their compliance with these Terms. In addition, you, not Kajabi, will be responsible and liable for all access, activity, and use of your Account and/or the Platform, whether or not you authorized such activity. You are responsible for safeguarding your password and any other credentials used by any Admin User to access your Account. Kajabi will not be liable for any loss or damage from your failure to maintain the security of your Account and access credentials. For more information, visit our Help Center. Kajabi recommends that you use multi-factor authentication (also known as MFA) to keep your Account safe, and may, in its sole discretion, require your usage of MFA to access your Account or specific features. To learn how to set up MFA, visit our Help Center. If you become aware of any unauthorized access to your Account, you should notify Kajabi immediately at security@kajabi.com.
5. You agree that Kajabi can provide all disclosures and notices, including tax forms, to you by posting such disclosures and notices in your Kajabi Dashboard or emailing them to the Primary Email Address. You must monitor the Primary Email Address and ensure it can send and receive messages. Any disclosures and notices shall be considered to be received by you within twenty-four (24) hours of the time it is posted to your Kajabi Dashboard or emailed to you. Your email communications with Kajabi can only be authenticated if they come from your Primary Email Address. You must keep your Primary Email Address and your contact and payment details associated with your Account current and accurate.
6. Technical support regarding the Platform is only provided to Kajabi Heroes. Kajabi does not provide support for custom code. Please send technical support questions to support@kajabi.com. Kajabi may assign you a customer success manager (“CSM”). The CSM may review your use of the Platform and your Content to help you to more effectively use the Platform, including by providing reporting and usage insight. Kajabi will not be responsible for any recommendations made by the CSM or implementing any recommendations made by the CSM, and you must implement any such recommendations.
7. Remember to backup all information in your Account. You are responsible for maintaining, protecting, and backing up your Content and Customer and Contact information. To the extent permitted by applicable law, Kajabi will not be liable for any failure to store, or for loss or corruption of, such information.
8. Kajabi may terminate your Account and delete any Content or other data contained in it if there has been no account activity (such as a log-in event) for over 12 months. However, we will attempt to warn you by email before terminating your Account to allow you to log in to your Account so that it remains active.
1.4. Ownership Disputes
In a dispute regarding Account ownership, Kajabi reserves the right to request documentation to determine or confirm Account ownership. Documentation may include, without limitation, a scanned copy of your business license, organizational documents, government-issued photo ID, the last four digits of the credit card on file, etc. Kajabi retains the right to determine, in our sole judgment, rightful Account ownership and to transfer an Account to the rightful owner. If we cannot reasonably determine the rightful Account owner, we reserve the right to deactivate an Account until the dispute is resolved.
1.5 Parking Your Account
You may choose to park or pause your Account at any time. Parking your Account temporarily suspends your Account to give you time away from building your business on Kajabi without canceling your Kajabi Account and losing your Content. While your Account is parked, Kajabi will retain your Content and you will have limited access allowing you to reactivate your Account, adjust your Account, or update your billing information. You will not have access to customize, build, or add to your Content or Site while your Account is parked. Your Site will be offline and will not be accessible to your Contacts or Customers and your Customers will not have access to any Content they have purchased through your Site. Kajabi is in no way liable for any disputes, claims, losses, injuries, or damages of any kind that may arise from any impacts on your relationship with your Customers as a result of parking your Account. You agree to indemnify Kajabi for any such disputes with your Customers per Section 11.
Kajabi (in its sole discretion) may park your Account if you are delinquent in paying your Fees per Section 2.8.
You will be charged a monthly Subscription Fee to park your Account and you can reactivate or cancel at any time.
2. Fees and Payments
2.1. Fees
1. You agree to pay Kajabi all applicable fees for using the Platform per the pricing and payment terms presented to you. Use of the Platform is on a subscription basis, and you will be charged the applicable fees monthly or annually, depending on the subscriptionplan you choose (“Subscription Fees”). We use third-party payment processors to bill you through a payment account linked to your Account. The processing of your payments will be subject to the applicable payment processor's terms, conditions, and privacy policies. In addition to these Terms, you will also be responsible for all transaction fees relating to using such payment processors (“Transaction Fees”). You may also incur additional fees relating to your purchase or use of any other product or service, such as the Experts Marketplace or other Third Party Services (as defined below) (“Additional Fees”). The Subscription Fees, Transaction Fees, and Additional Fees are collectively referred to as the “Fees”.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. You will be billed using the billing method you select and authorize through your Account (“Authorized Payment Method”), and Kajabi will continue to charge the Authorized Payment Method for applicable fees until your Account is terminated and all outstanding Fees have been paid in full.
3. Through our third-party providers, we will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your Account. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). You authorize us to continue to charge your credit card using the updated information. If you have elected to pay the Fees by credit card, you represent and warrant that the credit card information you provide is correct, and you will promptly notify Kajabi of any changes to such information. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will Kajabi credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or any difference in fees due to currency conversion.
2.2. Subscriptions
We bill for our Platform on a subscription basis (“Subscriptions”), and you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly or annual, depending on your subscription plan. We will charge your Authorized Payment Method at purchase confirmation and the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your Account through your online account management page or by contacting us at billing@kajabi.com before the end of the billing cycle. While we will never want to lose a customer, you may cancel your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel your Subscription immediately after it starts if you do not want it to renew. You can view your renewal date(s), cancel, or manage Subscriptions through your online account management page or by contacting us at billing@kajabi.com.
2.3. Promotional Offers
We may offer special promotional offers, plans, or memberships anytime. Kajabi determines offer eligibility at its sole discretion, and we reserve the right to revoke an offer and put your account on hold if we decide you are not eligible. We may use information such as payment method or an account email address used with an existing or recent Kajabi membership to determine offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the offer or in other communications made available to you.
We may offer a promotional fee or discounted trial period (“Trial Period”) anytime. To activate the Trial Period, you must (i) subscribe to the eligible plan of your choice; and (ii) provide an Authorized Payment Method at enrollment. Upon the expiration of the Trial Period, we will charge your Authorized Payment Method the full price of the applicable plan starting on the day the Trial Period ends unless you have canceled before the expiration of the Trial Period. You will then be charged monthly or annually, as applicable, at the then-current rate for your selected plan until you cancel or change to a different one. Before the expiration of the Trial Period, we will notify you of the upcoming end of your Trial Period by email to your Primary Email Address. If the Authorized Payment Method we have on file for you is declined, you must provide us with a new, valid Authorized Payment Method, or we reserve the right, without further notice, to immediately suspend or cancel your Account and your continued use of the Platform.
2.4. Upgrades or Downgrades
Any change (including any upgrade, downgrade, or other modification) to any plan by you in a Trial Period will end the trial immediately. Upon upgrading, you will immediately be billed for your first term period (i.e., the first annual or monthly period). Your Authorized Payment Method will automatically be charged the new rate on your next billing cycle for any upgrade or downgrade in plan level after any trial period. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher-priced plan during that billing cycle. If a plan downgrade causes a credit to your Account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.
2.5. Taxes
Our prices listed do not include any taxes, levies, duties, or similar governmental assessments of any nature, such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase and keeping your billing information up to date. If any amount payable by you to Kajabi is subject to Taxes, Kajabi may, at its sole discretion, collect from you the full amount of any such Taxes, even if Kajabi has not previously collected such amounts. Any changes to your Account or Subscription (including any upgrade, downgrade, or other modification) may result in Kajabi collecting from you applicable Taxes. Kajabi will notify you if the collection of Taxes results in a price change to your Subscription, as detailed below in Section 2.6 Price Changes.
1. United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based on the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority within the time frame required by law. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected based on applicable state tax laws.
2. Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption, or use Taxes that arise in connection with your use of the Platform unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate, or other documentary proof issued by an appropriate taxing authority that Tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use Taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are legally required to withhold any Taxes from your payments to Kajabi, you must provide Kajabi with an official tax receipt or other appropriate documentation to support such payments.
2.6. Price Changes
Kajabi may change the Fees charged to you at any time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next billing cycle following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Subscription before the price change goes into effect. Please make sure you read any such notification of price changes carefully.
2.7. Refund Policy
We want all new Heroes to be excited about working with us. In that regard, we provide a full no-questions-asked refund within thirty (30) days of first signing up with Kajabi. Simply email billing@kajabi.com within thirty (30) days of your sign-up, letting us know you are canceling your Subscription. After that, all payments are nonrefundable, and there are no refunds or credits for partially used Subscriptions. Following any cancellation, you will continue to have access to the Platform through the end of your current billing cycle. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.
2.8. Delinquencies
1. If Kajabi cannot process payment of any Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If the outstanding Fees are not paid within 28 days of our initial attempt, Kajabi may (in its sole discretion) suspend, park, and/or revoke access to your Account and/or the Platform. Your full access to the Platform will be reactivated upon your payment of all outstanding Fees, plus the Fees applicable to your next billing cycle.
2. Kajabi may (in its sole discretion) terminate your Account and/or access to the Platform per Section 8 if the outstanding Fees remain unpaid for 30 days following the date of suspension or parking.
3. You may not be able to access the features of your Account or the Platform during any period of suspension, parking, or after termination, which may impact your ability to provide your Content, products, and/or services to, or process payments from, your Customers. Kajabi is in no way liable for any disputes, claims, losses, injuries, or damages of any kind that may arise from any impacts on your relationship with your Customers as a result of any suspension, parking, or termination of your Account or access to the Platform. You agree to indemnify Kajabi for any such disputes with your Customers per Section 11.
3. Your Content
3.1. You Retain Ownership of & Responsibility for Your Content
1. You retain ownership of all your intellectual property rights in your Content. Kajabi does not claim ownership over any of your Content. You are responsible for your Content and the consequences of posting or publishing it. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Platform to you, and as otherwise described in these Terms. Should any of your Content involve third-party content, you agree that Kajabi is not responsible in any way for such content and makes no representations or warranties as to such third-party content.
2. You acknowledge and agree that the Platform is not a marketplace, and any contract of sale made through the Platform is directly between you and your Customers. You are the seller of record for all courses and other offerings you sell through the Platform. You are responsible for creating and operating your Site, your Content, the courses, and other offerings you may sell through the Platform, and all aspects of the transactions between you and your Customers. This includes, without limitation, authorizing the charge to the Customer in respect of the Customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms. You represent and warrant that your Site, your Content, and any goods and services you sell through the Platform will be true, accurate, and complete and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, Kajabi will not be the seller or merchant of record and will have no responsibility for your Site, your Content, or offerings sold to Customers through the Platform.
3. You represent and warrant to us that: (a) you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through our Platform; and (b) none of your Content or your Customers’ use of your Content or the Platform will violate any applicable laws, any third-party intellectual property, privacy, publicity, or other rights, or the Acceptable Use Policy. You may not represent or imply to others that your Content is in any way sponsored, provided, or endorsed by Kajabi.
4. You are solely responsible for determining the fees you charge your Customers for use and/or access to your Content, Site(s), and offerings and for any refund policy you set regarding the sale or use of your Content. The Platform may permit you to export your Content, including links to videos created through the Platform, including by sharing to social media and networking sites. You are solely responsible for your distribution of such exports or links and for compliance with the terms of any third-party websites, applications, services, or products through which you distribute such exports and links.
5. You may not use the Platform for any illegal or unauthorized purpose (including as outlined in the Acceptable Use Policy), nor may you, in the use of the Platform, violate any laws in your jurisdiction, the laws applicable to you in your Customers’ jurisdictions, or the laws of the United States or California. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining any required consents from your Customers and/or Contacts and obtaining and complying with requirements of any license or permit that may be necessary to operate your Site) in your use of the Platform and your performance of the obligations under these Terms.
6. You can remove your Site anytime by deleting your Account. Removing your Site does not terminate any rights or licenses granted to the Content that Kajabi requires to exercise any rights or perform any obligations under these Terms. You agree that Kajabi can, at any time, review and delete any or all of your Content, although we are not required to do so.
7. Kajabi is not responsible for any actions you take concerning your Content, including sharing it publicly, and we assume no liability for your interactions with your Customers, Contacts, or other users of your Site or Content. Kajabi reserves the right but has no obligation to monitor disputes between you and your Customers and Contacts. Kajabi is not obligated to monitor or review any Content submitted to the Platform, nor do we pre-screen any Content.
3.2. Limited License to Your Content
While we do not claim any intellectual property rights over your Content, by uploading the Content through the Platform, you grant Kajabi a worldwide, royalty-free license to host, use, display, distribute, make publicly available, store, make available, create derivative works from and otherwise exploit your Content. We may use our rights under this license to operate, provide, and improve the Platform, to promote Kajabi and the Platform, and to otherwise perform our obligations and exercise our rights under these Terms and as otherwise permitted by the Privacy Policy. This license continues even after you stop using our Platform for aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of our business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Platform to you. You understand that your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
3.3. Kajabi’s Right to Use Your Name
You grant to Kajabi a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your Site to operate, provide, market, and promote the Platform and to perform our obligations and exercise our rights under these Terms. Any goodwill arising from the use of your name and logo will inure to your benefit. This license will survive any termination of these Terms solely to the extent that Kajabi requires the license to exercise any rights or perform any obligations that arise under these Terms.
3.4. Intellectual Property Infringement.
Kajabi fully respects the intellectual property rights of others, and we expect our users to do the same.
1. If we receive a complaint that your Content infringes on a third party’s copyright, we must respond per the U.S. Digital Millennium Copyright Act (DMCA). If you believe your work has been exploited in a way that constitutes copyright infringement, you may notify us per our Copyright (“DMCA”) Policy.
2. If you believe a Kajabi Hero infringes upon your intellectual property rights other than copyrights (such as trademark infringement), please contact us at copyright@kajabi.com.
4. Privacy, Security & Confidentiality
4.1. Your Responsibility to Comply with Data Protection, Security & Privacy Laws
We are firmly committed to protecting the privacy of your and your Customers’ and Contacts’ personal information. By using the Platform, you acknowledge and agree that our Privacy Policy governs our collection, usage, and disclosure of this personal information. Further, you agree and warrant that you are solely responsible for complying with all applicable data protection, security, and privacy laws and regulations, including any notice and consent requirements. This includes, without limitation, the collection and processing by you of any personal data, sending marketing or other emails, and when using cookies and similar technologies on your Sites. If applicable law requires, you must provide and make a legally compliant privacy policy and cookie policy available to your customers. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through your Site where required. Please see our Cookie Notice and our Help Center for more information about using cookies and similar technologies
4.2. Privacy
We know that by giving us your Content, you trust us to treat it securely. Our Privacy Policy details how we treat your Content that is considered Personal Data (as defined in our Data Protection Addendum (the “DPA”)), and we agree to adhere to our Privacy Policy. You agree that Kajabi may use and share your Content (including your Customers’ and Contacts’ Personal Data) per our Privacy Policy and applicable data protection laws (this includes sharing such information with our group of Kajabi companies to provide, develop, and improve the Platform and other Kajabi products and services that you connect through the Platform or otherwise use per the applicable terms of service, including to provide you with greater insights about your business and to personalize your user experience within the Platform). Our DPA also applies to and supplements these Terms. Where there is a conflict between the DPA and these Terms, the DPA will prevail except for Disclaimer and Limitation of Liability, where these Terms will prevail.
4.3. Confidentiality
Kajabi will treat your Content as confidential and only use and disclose it per the Terms (including the Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to Kajabi before receiving it from you; (c) is received by Kajabi from a third party without our knowledge of a breach of any obligation owed to you; or (d) was independently developed by Kajabi without reference to your Content. Kajabi may disclose your Content when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to allow you to challenge the requirement to disclose. (See our Guidelines for Information Requests.)
4.4. Security
Kajabi will store and process your Content consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. Kajabi cannot, however, guarantee that unauthorized third parties will never be able to defeat those measures or use such Content for improper purposes.
If Kajabi becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data related to your Account (“Security Incident”), we will take reasonable steps to notify you without undue delay. Such notification shall not be interpreted or construed as an admission of liability or fault by Kajabi. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems. Kajabi will also reasonably cooperate with you regarding any investigations relating to a Security Incident by helping prepare any required notices and providing any other information reasonably requested concerning any Security Incident where such information is not already available to you in your account or online through updates provided by Kajabi.
5. Kajabi’s Intellectual Property
5.1. Kajabi’s Trademarks
1. Neither the Terms nor your use of the Platform grants you ownership in the Platform or any content you access through the Platform (other than your Content). You agree that you may not use any trademarks, logos, or other brand elements of Kajabi, whether registered or unregistered, including but not limited to the word mark KAJABI and the “K” logo (“Kajabi Trademarks”) unless you are authorized to do so by Kajabi in writing. You agree not to use or adopt any marks that may be confusing with Kajabi’s Trademarks. You agree that any variations or misspellings of the Kajabi Trademarks would be considered confusing with the Kajabi Trademarks.
2. You agree that you will not purchase, register, or use a search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use any Kajabi Trademark and/or variations and misspellings thereof.
5.2. Kajabi’s Platform
1. We or our licensors own all right, title, and interest in and to the Platform and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform solely per the Terms. Except as provided in this Section 5.2., you obtain no rights from us, our affiliates, or our licensors to the Platform, including any related intellectual property rights.
2. We reserve the right to provide our Platform to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Kajabi employees and contractors may also be Kajabi Heroes and that they may compete with you.
5.3. Feedback
Kajabi welcomes all ideas and suggestions regarding improvements or additions to the Platform. All ideas, suggestions, comments, input, feedback, and related materials and any review of the Platform or any Expert (as defined below), Third Party Services (as defined below), or any Third Party Provider (as defined below) will collectively be referred to as “Feedback”. Kajabi will have no obligation of confidentiality for any such Feedback. By submitting Feedback to Kajabi (whether submitted directly to Kajabi or posted on any Kajabi-hosted forum or page), you waive any and all rights in the Feedback and agree that Kajabi is free to use, reproduce, publicly display, distribute, modify, implement, or publicly perform the Feedback if desired, as provided by you or as modified by Kajabi, without obtaining permission or license from you or any third party. Any Feedback you provide, which Kajabi may use, is given entirely voluntarily and without any expectation of compensation or credit.
Any reviews of an Expert, Third Party Service, or Third Party Provider that you submit to Kajabi must be accurate to the best of your knowledge and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Kajabi reserves the right (but not the obligation) to remove or edit Feedback about Experts, Third Party Services, or Third Party Providers but does not regularly inspect posted Feedback.
6. Additional Services; Third Party Services
6.1. Kajabi Email
You may generate or send emails from your Account using Kajabi’s email services (the “Email Services”). In addition to the Terms applicable to the Platform generally, your use of the Email Services is subject to Kajabi’s Anti-Spam Policy and the following terms:
1. Kajabi employs specific controls to scan the content of emails you deliver using the Email Services before delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that violates these Terms, our Acceptable Use Policy, or the Anti-Spam Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Kajabi the right to employ such Content Scanning. Kajabi does not warrant that the Email Services will be free from Threats, and each Hero is responsible for all Content generated by its Site.
2. Our Email Services utilize third-party service providers, including MailGun. Your Email Services use is subject to such provider’s terms and policies. A breach of such terms and policies is a breach of Kajabi’s Terms.
3. We and our third-party service providers reserve the right to change or discontinue the Email Services. We are not responsible for third-party service providers’ actions or links as a third-party service.
4. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether the Email Services suit you in light of such laws, rules, and regulations.
5. We cannot guarantee the security of every data transmission over the internet.
6.2. Kajabi App
1. The Kajabi app is a Kajabi application that is available to Heroes (the “Kajabi App”) to engage with Customers that use the Kajabi App.
2. The Kajabi App is part of the Platform, and all terms applicable to the Platform apply. Without limiting the generality of the preceding sentence and subject to these Terms and all applicable guidelines and policies, Kajabi reserves the right to refuse a Hero access to or use of all or part of the Kajabi App for any reason and at any time without prior notice.
3. We may display your Content, including courses, product or service listings, Trademarks, and any other content, data, or information from your Site on the Kajabi App. Your Content and use of the Kajabi App must comply with these Terms, the Acceptable Use Policy, all other applicable policies and guidelines, and applicable law.
4. If you do not wish your Content to be available in the Kajabi App, it is your responsibility to manage or deactivate this functionality. If you delete your Account, your Content will be removed from the Kajabi App.
6.3. Third-Party Services; Experts Marketplace
1. Kajabi may recommend or provide you access to third-party software, applications, services, or websites for your consideration or use (“Third Party Services”), including via the Kajabi Experts Marketplace. These optional tools and integrations are made available to you as a convenience, and your use of these third-party providers is solely between you and the applicable service provider (“Third Party Provider”). In addition to these Terms, you agree to be bound by the terms, policies, and guidelines of any Third Party Provider whose Third Party Services you purchase, access, or use. You should review such Third Party Provider’s applicable terms and policies, including privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Provider.
2. The Kajabi Experts Marketplace is an online directory of independent third parties (“Experts”) providing Heroes with specific service offerings to help you build and operate your Kajabi Site. The Experts Marketplace provides recommendations on Experts that can assist you with different aspects of your Site. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account. For purposes of these terms, Experts are deemed “Third Party Providers,” and the services they provide are considered “Third Party Services”.
3. Any use by you of Third Party Services offered through the Platform, Experts Marketplace, or otherwise through Kajabi’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Kajabi may receive a revenue share from Third Party Providers that we recommend to you or that you otherwise engage through using the Platform, Experts Marketplace, or Kajabi’s website.
4. We do not monitor or have any control over, and we make no claim, warranty, or representation regarding any Third Party Services, and we accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature, or reliability of, any such Third Party Services. The availability of any Third Party Services, including through the Experts Marketplace, or the integration or enabling of such Third Party Services with the Platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Kajabi. Your use of any Third Party Services is at your own risk, and you expressly release Kajabi from any and all liability arising from your use of any Third Party Services. You acknowledge that Kajabi has no control over such Third Party Services and shall not be responsible or liable to you or anyone else arising from or relating to your use of any Third Party Services. Kajabi does not guarantee the availability of such Third Party Services, and you acknowledge that Kajabi may restrict access to any Third Party Service at any time in its sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Kajabi strongly recommends that you seek specialist advice before using or relying on any Third Party Services to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge your Customers.
5. If you install a Third Party Service for use with the Platform, (i) you represent that you have agreed to such Third Party Provider’s terms and conditions and are subject to such terms and conditions; and (ii) you grant us permission to allow the applicable Third Party Provider to access your Content or other data and to take any other actions as required for the interoperation of the Third Party Services with our Platform. If you do not agree to abide by the applicable terms and conditions for any such Third Party Service, then you should not install or use such Third Party Service with the Platform. Any data exchange or other Content or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. We are not responsible for any disclosure, modification, or deletion of your data or Content or for any corresponding losses or damages you may suffer due to access by a Third Party Service or Third Party Provider to your data or Content.
6. You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to be contacted by one or more Experts at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address; and (ii) Kajabi will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Kajabi may share your contact details and the background information you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your Site. You choose the pages that the Experts can access.
7. The Experts Marketplace may allow users to post reviews (e.g., a star rating) of Third Party Services and comments on your or other users’ reviews.
Usernames Displayed. Reviews and comments are posted under the name and profile of the Hero submitting the content (as listed in your Account). Heroes who do not want their names or other profile information to appear may not post reviews or comments on the Experts Marketplace.
Rules for Reviews. All reviews and comments must comply with Kajabi’s Acceptable Use Policy and the terms below. To make your reviews and comments helpful to others:
- Reviews must be made in good faith after reasonably evaluating the relevant Third Party Service.
- You (including anyone acting on your behalf) may not review or comment on your own Third Party Services, a Third Party Service owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Third Party Service listing.
- A review must evaluate the Third Party Service itself and not be an evaluation of the underlying product with which the Third Party Service integrates or functions.
- Reviews or comments unrelated to the relevant Third Party Service are prohibited – for example, discussing Kajabi’s employees, business, or those of other companies, or unrelated products or services.
Kajabi’s Rights. Kajabi reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Experts Marketplace. Kajabi does not claim ownership of the content of reviews or comments you post on the Kajabi Marketplace. However, you hereby grant Kajabi a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform, and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
8. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider. Kajabi is not obligated to intervene in any dispute between you and a Third Party Provider.
9. Under no circumstances will Kajabi be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages resulting from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations will apply even if we have been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
10. Per Section 11, you agree to indemnify and hold us and our Team harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of a Third Party Service or your relationship with a Third Party Provider.
6.4. Beta Services
From time to time, Kajabi may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all Heroes (“Beta Services”). Beta Services may be subject to specific Beta Program Terms and may be subject to additional rules or restrictions, which Kajabi will provide to you before your use of the Beta Services. Beta Services may be provided for evaluation or testing purposes only and, therefore, may contain bugs or errors and may not be as reliable as other features of the Platform. Such Beta Services and all associated conversations and materials relating thereto will be considered Kajabi confidential information. When using our Beta Services, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Kajabi’s prior written consent. Kajabi makes no representations or warranties that the Beta Services will function, and the Beta Services are provided as-is. Kajabi may discontinue the Beta Services at any time in its sole discretion, and we may decide not to make the Beta Services generally available. Kajabi will have no liability for any harm or damage arising from or in connection with a Beta Service.
6.5. Kajabi Communities
Kajabi Communities enables Heroes to create a community within their Site (“Your Community”) to be offered to your Customers for free or for a fee to connect, to message, and to exchange information and content (collectively, “Messages”). As with all other uses of the Platform, when you create Your Community, you agree to follow and ensure your Customers are always following our Acceptable Use Policy. Kajabi may terminate the ability of a Customer to send Messages at any time and for any reason without notice or liability to that Customer. If a Customer sends you or another Customer an objectionable Message, please notify us by emailing kjbabuse@kajabi.com. You agree that we may monitor Messages for compliance with these Terms. Therefore, Messages are not confidential or proprietary, and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
6.6. Coaching
1. Our Coaching Service utilizes third-party service providers, including Daily.co and Whereby. Your use of the Coaching Service is subject to such third-party service providers’ terms and conditions. A breach of such third-party service providers’ terms and conditions is a breach of Kajabi’s Terms.
2. We and our third-party service providers reserve the right to change or discontinue the Coaching Services. We are not responsible for third-party service providers’ actions or links as a Third Party Service.
3. You are responsible for understanding and complying with all applicable laws, rules, and regulations, including recording laws, and determining whether the Coaching Services suits you in light of such laws, rules, and regulations. By using the Platform, you are giving Kajabi consent to store recordings for any or all coaching sessions if such recordings are stored in our systems.
4. You may not use the Platform to collect, store, or process any protected health information subject to HIPAA (as defined below), any applicable health privacy regulation, or any other applicable law governing health information processing, use, or disclosure.
6.7. Kajabi Access
Kajabi Access (“Access”) is an Add-on to your regular Kajabi Subscription plan and provides Heroes with additional one-on-one support. There are additional Fees to utilize Access, which are billed as a Subscription, as detailed in Section 2.2 above. Canceling your Access Subscription will not cancel your Kajabi Account. Access utilizes Third Party Services, including Calendly, Big Marker, and Zoom. Your use of Access is subject to such third-party service providers’ terms and conditions. A breach of such third-party service providers’ terms and conditions is a breach of Kajabi’s Terms. Kajabi will record your Access sessions for you to refer to later, and you hereby consent to such recording unless you request before the start of the session that the session not be recorded.
We and our third-party service providers reserve the right to change or discontinue the Coaching Services. We are not responsible for third-party service providers’ actions or links as a Third Party Service. For more information on Access, please see the Kajabi Access FAQs.
6.8. Kajabi AI Creator Hub
With Kajabi’s AI Creator Hub, we give you access to tools, features, or functionality that utilize models trained by machine learning or artificial intelligence (“Kajabi AI”). When you subscribe to, use, or access Kajabi AI, you agree to be bound by the Kajabi AI Terms. You will not be allowed to use Kajabi AI unless you agree to the Kajabi AI Terms.
6.9. Cookies, Pixes & Tracking Technologies
Kajabi allows you to add cookies, pixels, or other tracking technologies (such as Google Analytics) to your Site to enable you or a third party to track user events. You may engage such tracking technology from within your Account. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Platform, including landing pages and Sites, suits you in light of such laws, rules, and regulations. If you choose to set cookies on your landing page or Site, you represent and warrant that (1) you have permission from your subscribed Contacts to track activity via cookies and to transfer information related to this tracking to Kajabi and (2) your landing page or Site adequately discloses your tracking practices and use of cookies in a privacy policy, cookie statement, or other disclosure.
Kajabi may collect information associated with the tracking technology, such as how such tracking technology is used and how and what scripts are added. Kajabi may use this data to improve, maintain, protect, and develop the Platform.
7. Your Responsibilities & Our Rights
7.1. General Rules
By agreeing to these Terms, you promise to follow these rules:
1. You will not send spam, use purchased, rented, or third-party lists of email addresses, and abide by all terms included in our Anti-Spam Policy.
2. You will comply with our Acceptable Use Policy.
3. You may only use our bandwidth for your Content, Campaigns, and Sites. We provide image and data hosting only for use with our Platform in compliance with these Terms, so you may not host images or data on our servers for anything else.
4. The Platform is not directed at children under the age of 18, and Kajabi does not knowingly collect personal information from children. In your use of the Platform, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA). If you collect any personal information about a minor and store such information within your Account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction where the minor lives.
5. Neither you nor your authorized users or Customers will use the Platform in any manner or for any purpose other than as expressly permitted by the Terms. Neither you nor any of your authorized users or Customers will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of the Platform; (b) reverse engineer, disassemble, or decompile the Platform or apply any other process or procedure to derive the source code of any software included in the Platform (except to the extent applicable law doesn’t allow this restriction); (c) resell or sublicense the Platform, or (d) access or use the Platform (i) in a way intended to avoid incurring fees or exceeding usage limits or quotas (ii) to develop data sets, foundation models, or other large scale models that may compete with Kajabi or the Platform, (iii) for any illegal or unauthorized purpose (including as set forth in the Acceptable Use Policy); (iv) to violate any laws in your jurisdiction, the laws applicable to you in your Customers’ jurisdictions, or the laws of the United State or California; or (vii) in a way that violates these Terms or any other Kajabi Policies.
6. You will not misrepresent or embellish the relationship between you and us (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
7.2. Compliance with Laws and Regulations
1. You must always use the Platform in compliance with, and only as permitted by, applicable laws and regulations. You are responsible for determining whether the Platform is suitable for your use given your obligations under any federal, state, and international specific laws, requirements, guidelines, and/or standards (collectively, “Laws”) that apply or may potentially apply to you and your Content and business, including, but not limited to Data Protection Laws (as defined in the Data Processing Addendum), laws regarding accessibility, taxes, and subscriptions and auto-renewals, the Health Insurance Portability and Accountability Act (HIPAA), anti-corruption and anti-bribery laws and regulations, economic sanctions, and export control laws and regulations.
2. You agree, represent, and warrant to Kajabi that:
(a) You will post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (i) satisfies the requirements of applicable Data Protection Laws; (ii) describes your use of the Platform; and (iii) includes a link to our Privacy Policy.
(b) You will get and maintain all necessary permissions and valid consents required to transfer data to Kajabi lawfully and to enable such data to be lawfully collected, processed, and shared by Kajabi to provide the Platform or as otherwise directed by you.
(c) You will comply with all laws and regulations applicable to your Campaigns sent through the Platform, including those relating to (a) acquiring consents (where required) to send Campaigns lawfully; (b) the Content of Campaigns; and (c) your Campaign deployment practices.
(d) You will provide all notices and obtain all necessary consents required by applicable Data Protection Laws to enable Kajabi to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of Contacts and Customers in accordance with and as described in our Cookie Notice.
(e) To the extent Kajabi processes your Content protected by Data Protection Laws as a processor on your behalf (all as defined in the DPA), you and Kajabi shall be subject to and comply with the Kajabi DPA, which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your Content on your behalf in connection with the Platform. In addition, if you are subject to EU Data Protection Law (as defined in the DPA), you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your Contacts made under EU Data Protection Law, or, alternatively, we may direct any such Contacts to you so that you can respond to the request accordingly.
3. You may not use the Platform to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing health information processing, use, or disclosure.
4. Any information provided by Kajabi in help articles, examples, webinars, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. Kajabi cannot provide you with any legal or tax advice and encourages you to consult with legal and tax counsel and other expert consultants of your selection and at your own expense to ensure compliance with all applicable Laws. You agree that you are solely and exclusively responsible for your Site and mobile applications and the entirety of your Content, including compliance with Laws and following your published policies.
7.3. Global Trade Compliance
You agree to comply with all economic sanctions and export control Laws. By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Kajabi App, or any software or technology that supports the Platform or your Content violating any such Laws. Specifically, and without limitation, the Platform, the Kajabi App, or any software or technology that supports the Platform, or your Content may not be exported, transferred, or released (a) into any U.S. embargoed countries (Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, and Russia; or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists.
In addition, you certify that neither you nor any principals, officers, directors, or any person or entity (including any beneficiaries, owners, affiliated and/or associated parties) you know to be involved with the use of the Platform are not: (a) on any sanctions lists in the countries where the Platform is available; (b) doing business in any of the U.S. embargoed countries; and (c) a military end user as defined in 15 C.F.R § 744.
You will ensure that: (a) your end users do not use the Platform, your Site, or your Content in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Platform, your Site, or your Content to persons or entities on any of the above lists.
7.4. PCI Compliance
1. If you use the Platform to accept payment card transactions, you agree that at all times, you shall be compliant with applicable Payment Card Industry Data Security Standards (“PCI-DSS”) and, as applicable, the Payment Application Data Security Standards (“PA-DSS”). You agree to promptly provide Kajabi with documentation evidencing your compliance with PCI-DSS and/or PA-DSS upon request. You also agree that you will use only PCI-DSS and PA-DSS compliant service providers to store or transmit Card information, including a cardholder’s account number, expiration date, and CVV2. You must not store CVV2 data at any time. Information on PCI-DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.
2. Kajabi does not have access to, collect, transmit, store, or process any Cardholder Data on your behalf. We have partnered with third-party payment providers regarding all Customer payments so that our Heroes may achieve their compliance obligations with PCI DSS. It is your sole responsibility as the owner of your Site to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. “Cardholder Data” is defined as a cardholder’s primary account number (PAN), and where a full unmasked card number is present, any of the following elements: cardholder name, expiration date, and/or service code. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE PLATFORM, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e., where Kajabi explicitly enables such data to be entered into such fields). Appropriate fields are marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Platform. You assume all responsibility for any Cardholder Data entered into the Platform in violation of these Terms.
3. Kajabi will make reasonable efforts to provide the Platform in a manner consistent with PCI-DSS requirements that apply to Kajabi.
7.5. Public Forums
Kajabi’s Facebook Community and other features include public forums, including, without limitation, discussion forums, message boards, blogs, chat rooms, or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any Content you upload, submit, post, transmit, communicate, share, or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy concerning any such submission or posting. Further, you grant to Kajabi a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use any such Content you post on a public forum to promote, advertise, and market Kajabi and the Platform in any medium or format whatsoever now existing or hereafter created, without consent from or compensation or credit to you. You are, and shall remain, solely responsible for the Content you upload, submit, post, transmit, communicate, share, or exchange by means of any public forum and for the consequences of submitting or posting the same. You acknowledge and agree that Kajabi is not responsible for any content posted on public forums by any third parties, including without limitation any content that you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive, or harmful.
7.6. Mobile Networks; Texting
When you access the Platform through a mobile network, such as one of our mobile applications, or sign up for our text message programs, your network or roaming provider’s messaging, data, and other rates and fees may apply. Not all Kajabi products or services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide and that your consent for us to send you text messages is not a condition of purchasing the Platform or any other product or service. Not all carriers may be included within our text messaging programs. You can opt out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.
7.7. Right to Review Your Content, Campaigns & Sites
We may view, copy, and internally distribute Content from your Campaigns, your Sites, your Third Party Services, and your Account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Platform, among other uses permitted by these Terms or our Privacy Policy. For instance, we use these Tools to find Heroes who violate these Terms or applicable Laws and to study data internally to make the Platform smarter and create better experiences for Heroes and their Customers. We may aggregate and anonymize data, including data from the Content of your Campaigns, Sites, and Third Party Services, to create statistical information. We own all such aggregated and anonymized data and may use it, including, but not limited to, operating, analyzing, improving, or marketing the Platform and other products and services and sharing such data externally for research, marketing, or other lawful purposes.
7.8. Kickstarter Plan
The Kickstarter subscription plan is specifically designed for and exclusively available to Heroes who have not previously subscribed to, or used, Kajabi's Platform or any of Kajabi's services. Other Heroes are not eligible. Heroes subscribed to the Kickstarter subscription plan in Australia, Canada, or the United States will ensure that Kajabi Payments is Hero’s sole provider of payment processing services.
8. Suspension & Termination of Your Account
8.1. Term
The term of these Terms will commence on the date you complete your Account Registration and continue until terminated by us or by you as provided below.
8.2. By You
You can terminate your Subscription at any time through your Account management page or by contacting us at billing@kajabi.com, in which case your Subscription will continue until the end of that billing cycle before terminating. Terminations are confirmed immediately, and you will only be charged again for that Subscription if you purchase a new one.
8.3. By Kajabi
Without limiting any other remedies available, we may suspend or terminate your Account for any reason, without notice, and at any time (unless required by Law), including if we suspect that you have engaged in fraudulent activity in connection with the use of the Platform or otherwise violated these Terms. We may also terminate your Account if your Account has been inactive for 12 months. Termination of your Account and these Terms will be without prejudice to any rights or obligations that arose before the termination date.
8.4. Effects of Termination
Upon termination of your Account by either party for any reason:
1. We will cease providing you access to the Platform and your Account.
2. Unless otherwise provided in these Terms, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
3. Any outstanding balance owed to Kajabi for your use of the Platform through the effective date of the termination will immediately become due and payable in full.
4. Your Site will be disabled, and your Customers will no longer have access to your Site or your Content.
5. Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all data associated with it, including your Contacts, your Content, and your Campaigns.
9. Changes and Updates
9.1. Changes to Terms
You acknowledge and agree that Kajabi may change these Terms at any time for various reasons, such as to reflect changes in applicable Law or updates to Platform, and to account for new features or functionality. The most current version will always be posted on our website in our Legal and Policy center. If an amendment is material, as determined in Kajabi’s sole discretion, we may notify you by email to your Primary Email Address and/or posting it to the Kajabi Site or upon your login to your Account. However, we may make changes that materially adversely affect your use of the Platform or your rights under these Terms at any time and with immediate effect (i) for legal, regulatory, fraud, and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms will be effective immediately upon posting such updated terms at this location. Your continued access to or use of the Platform after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms as amended. If you do not agree to the amended Terms, you must stop accessing and using the Platform.
9.2. Changes to Fees
We may change the Fees for the Platform or any Additional Services from time to time. We will provide you with at least 30 days advance notice before any changes in Fees by sending an email to your Primary Email Address and/or posting it to the Kajabi Site or upon your login to your Account.
9.3.Changes to the Platform and Services
We are continually changing and improving our Platform. Kajabi may add, alter, or remove functionality from the Platform at any time without prior notice. Kajabi may also limit, suspend, or discontinue a specific functionality or feature provided to you at our discretion and will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content if necessary.
9.4. Downgrades
Downgrading your Account plan may cause the loss of Content, features, functionality, or capacity of your Account.
10. Disclaimers & Limitations of Liability
10.1. No Warranties
While Kajabi strives to provide you with a great experience when using the Platform (and we love to please our Heroes), there are certain things we do not promise about our Platform. We keep our Platform up, but it may be unavailable from time to time for various reasons. EXCEPT THOSE WARRANTIES EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND KAJABI DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA LOSS, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING THE AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PLATFORM. KAJABI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS OR PROFITS THAT MAY BE OBTAINED THROUGH THE PLATFORM.
10.2. Exclusion of Certain Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT (A) YOU ASSUME FULL LIABILITY FOR ANY LOSSES THAT RESULTS FROM YOUR USE OF THE PLATFORM; AND (B) KAJABI AND ITS TEAM WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF KAJABI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL WE OR OUR TEAM BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE PLATFORM IN VIOLATION OF THESE TERMS, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCOUNT DUE TO SUCH VIOLATION.
10.3. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CALENDAR MONTH, THE AGGREGATE TOTAL LIABILITY OF EACH OF KAJABI AND ITS TEAM ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS WILL NOT EXCEED THE GREATER OF EITHER (1) THE AMOUNT YOU PAID TO KAJABI FOR YOUR USE OF THE PLATFORM THE PRECEDING MONTH, OR (2) TWO HUNDRED ($200) U.S. DOLLARS.
10.4. Consumers
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11. Indemnification
11.1. General.
You agree that you are solely and exclusively responsible for your Site, mobile applications, and Content. To the fullest extent permitted by law, you will indemnify and hold harmless Kajabi and its Team from all liabilities, damages, and costs (including settlement costs and attorneys’ fees and expenses) arising out of a third-party claim regarding or in connection with (a) your, your Customers, or your Contacts use of the Platform, including but not limited to your Content, Sites, or Campaigns; (b) your breach of these Terms or any other policies incorporated herein; (c) violation of applicable Law by you, your Customers, your Contacts, or your Content, Sites, mobile applications, or business; (d) any misrepresentations by you; (e) a dispute between you and your Customers, Contacts, or other users, including but not limited to refunds, fraudulent transactions, alleged or actual violation of Laws, or your breach of these Terms; or (f) a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights.
11.2. Process
We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. You may not agree to any settlement of any claim that requires our commitment without our written consent.
12. Resolving Disputes; Arbitration Agreement; Governing Law
12.1. Resolving Disputes
If you have a concern, we want the opportunity to address it without needing a formal legal case. Before filing a claim against Kajabi, you agree to try to resolve the dispute informally by contacting legal@kajabi.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of the date we receive your initial email, you or Kajabi may bring a formal proceeding.
12.2. Judicial Forum for Disputes
You and Kajabi agree that any judicial proceeding to resolve claims relating to these Terms or the Platform will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and Kajabi consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
12.3. Mandatory Arbitration Provisions
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Kajabi agree to resolve any claims relating to these Terms or the Platform through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising from or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You may decline these arbitration terms with respect to these Terms within thirty (30) days of first registering your Account by contacting us at legal@kajabi.com.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County, CA, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
Exceptions to Agreement to Arbitrate. Either you or Kajabi may assert claims, if they qualify, in small claims court in Orange County, CA, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us individually. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then this “Mandatory Arbitration Provisions” section will be deemed void.
12.4. Governing Law
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
13. Other Terms
13.1. Assignment.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
13.2. Entire Agreement
These Terms, and any other policy located in our Legal and Policy Center, constitute the entire agreement between you and Kajabi, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
13.3. Independent Contractors
The relationship between you and Kajabi is that of independent contractors and not legal partners, employees, or agents of each other.
13.4. Interpretation
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
13.5. No Waiver
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
13.6. Severability
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of the terms will remain in full effect.
13.7. Third-Party Beneficiaries
Except as otherwise provided herein, there are no third-party beneficiaries to these Terms.
13.8. Survival
On termination, all related rights and obligations under these Terms immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of the termination; and (b) Section 2 (Payment of Fees), Sections 3.2, 3.3, and 3.6 (Your Content), Section 4 (Privacy, Security, and Confidentiality), Section 5 (Kajabi’s Intellectual Property), Section 8 (Suspension and Termination of Your Account), Section 10 (Disclaimers and Limitations of Liability), Section 11 (Indemnification), Section 12 (Resolving Disputes; Arbitration Agreement; Governing Law), and Section 13 (Other Terms) and any other provision that by its nature, should survive termination or expiration of these Terms, will survive the expiration or termination of these Terms.
13.9. Language
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
13.10. California Residents
If you are a California resident, per Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.11. How to Contact Us
You may contact us regarding the Platform or these Terms at 880 Newport Center Dr., Suite 100, Newport Beach, CA 92660, or by email at support@kajabi.com.