JUSTYX LLC

Terms of Service

Justyx LLC — justyxco.com, SwapHub, and FamilyHub (Family Add)

1. Acceptance of These Terms

These Terms of Service (these “Terms”) are a binding agreement between you and Justyx LLC, an Arizona limited liability company with its principal place of business at 4539 N 22nd St, Ste N, Phoenix, Arizona 85016 (“Justyx,” “we,” “us,” or “our”). These Terms govern your access to and use of our website at justyxco.com (the “Site”) and our mobile and web applications, including SwapHub and FamilyHub (also referred to as “Family Add”), together with all related features, content, and services (collectively, the “Services”).

By creating an account, clicking to accept, or accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Subscription and Refund Terms, each of which is incorporated by reference. If you do not agree, do not use the Services. These Terms contain a binding arbitration provision and class action waiver (Section 17) that affect your legal rights. You may opt out as described in Section 17.6.

If you use the Services on behalf of a business or other entity, you represent that you have authority to bind it, and “you” refers to that entity. Freelance development and consulting engagements are governed by a separate written agreement, which controls for those engagements in the event of a conflict.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or purchase a subscription. FamilyHub may permit a parent or legal guardian account holder to create profiles for household members, including minors, subject to the Children’s Privacy section of our Privacy Policy and, for children under 13, verifiable parental consent as required by COPPA. You are responsible for all use under profiles you create.

3. Accounts and Security

To use most features, you must register an account with accurate, current, and complete information and keep it up to date. You are responsible for safeguarding your login credentials and for all activity under your account, whether or not authorized by you, and you agree to notify us immediately at support@justyxco.com of any unauthorized access. We may reclaim usernames that violate third-party rights or these Terms.

4. The Services; Subscriptions

SwapHub is a productivity tool that helps resellers create, manage, and cross-list product listings to third-party marketplaces such as eBay and Facebook Marketplace. FamilyHub / Family Add is a family organization tool for shared calendars, tasks, lists, and household coordination. We may add, modify, or discontinue features at any time; material reductions to a paid plan during a paid term are addressed in our Subscription and Refund Terms.

Certain features require a paid subscription. Billing cycles, free trials, automatic renewal, cancellation, refunds, and price changes are governed by our Subscription and Refund Terms, available on the Site and incorporated by reference. Subscriptions purchased through the Apple App Store or Google Play are also subject to the applicable store’s terms, and billing and refunds for those purchases are handled by Apple or Google.

5. Acceptable Use

You agree not to, and not to permit or encourage any third party to:

use the Services for any unlawful, fraudulent, or deceptive purpose, including listing counterfeit, stolen, recalled, or prohibited items, or misrepresenting the condition, authenticity, or provenance of any item;

violate the terms, policies, or listing rules of any third-party marketplace to which you cross-list, or use SwapHub to evade a suspension, restriction, or ban imposed by any marketplace;

upload or transmit content that is infringing, defamatory, obscene, harassing, hateful, or that violates any person’s privacy, publicity, or other rights, or that exploits or endangers minors;

interfere with or disrupt the Services, probe or scan for vulnerabilities, circumvent authentication or security measures, or access data or accounts you are not authorized to access;

use robots, scrapers, or other automated means to access the Services except through interfaces we expressly provide, or copy, resell, sublicense, or commercially exploit the Services;

reverse engineer, decompile, or disassemble any part of the Services except where this restriction is prohibited by law;

send spam through the Services, impersonate any person or entity, or misrepresent your affiliation with anyone; or

use the Services to develop a competing product, or exceed reasonable usage volumes that degrade the Services for others (we may impose rate limits or fair-use thresholds).

We may investigate suspected violations, remove content, and suspend or terminate accounts as described in Section 15, and may report unlawful activity to law enforcement.

6. User Content

“User Content” means all content you submit to the Services, including listing titles, descriptions, photos, prices, calendars, tasks, notes, and messages. As between you and Justyx, you retain ownership of your User Content. You grant Justyx a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers and, at your direction, to the marketplaces you connect) license to host, store, reproduce, modify for technical formatting, display, and transmit your User Content solely as necessary to operate, provide, improve, and promote the Services and to cross-list your items at your direction. This license ends when your User Content is deleted, except for copies in routine backups pending overwrite, content already transmitted to marketplaces at your direction, and content we must retain by law.

You represent and warrant that you own or have all rights necessary in your User Content, that it is accurate, and that it does not infringe the rights of any third party or violate any law. We do not endorse and are not responsible for User Content, and we may (but have no obligation to) screen, edit, or remove it at any time.

7. Marketplace Cross-Listing Disclaimer (SwapHub)

SwapHub is a tool, not a marketplace, broker, auctioneer, or agent. We are not a party to any transaction between you and any buyer, and we do not possess, inspect, or verify any item you list. You acknowledge and agree that:

You are solely responsible for your listings — including the accuracy and completeness of titles, descriptions, photos, pricing, quantity, condition, and shipping and return terms — on every marketplace to which they are published;

You are solely responsible for compliance with each marketplace’s terms and policies (including the eBay User Agreement and Facebook/Meta commerce policies), with all laws applicable to your selling activity (including consumer protection, product safety, recall, and import/export laws), and with the collection and remittance of any applicable taxes and fees;

Marketplace outcomes are outside our control. We do not guarantee that any listing will be published, remain published, or result in a sale. Marketplaces may change or revoke API access, reject or remove listings, or suspend your marketplace account, and we are not liable for such actions;

Synchronization limits. Inventory and order synchronization depends on third-party APIs and may be delayed, incomplete, or unavailable. You are responsible for reconciling inventory (including preventing oversells) and fulfilling orders; and

Disputes with buyers or marketplaces are between you and them. You release Justyx from claims arising out of your transactions on, or your relationship with, any third-party marketplace, to the maximum extent permitted by law.

8. Third-Party Services

The Services interoperate with third-party services, including eBay, Facebook Marketplace, Stripe, Netlify, Supabase, Apple, and Google. Your use of any third-party service is governed by its own terms and privacy policy, and you are responsible for complying with them. We do not control and are not responsible for third-party services or their availability, acts, or omissions. If you connect a third-party account, you authorize us to access and exchange data with it on your behalf, as described in our Privacy Policy, until you disconnect it.

9. Intellectual Property

The Services — including all software, designs, text, graphics, logos, trademarks (including “Justyx,” “SwapHub,” “FamilyHub,” and “Family Add”), and related intellectual property rights — are owned by Justyx LLC or its licensors and protected by U.S. and international law. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your personal or internal business use. No other rights are granted, and you may not use our trademarks without prior written consent.

Feedback. If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

10. Copyright Policy (DMCA)

We respect intellectual property rights and expect users to do the same. Under the Digital Millennium Copyright Act (“DMCA”), we respond to properly submitted infringement notices and, in appropriate circumstances, terminate repeat infringers’ accounts.

To submit a DMCA notice, send our designated agent a written notice containing the elements required by 17 U.S.C. § 512(c)(3): your physical or electronic signature; identification of the copyrighted work and of the allegedly infringing material (with information sufficient to locate it); your contact information; a statement of good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the owner. Designated Agent: Justyx LLC, Attn: DMCA Agent — Kiyah Abney, 4539 N 22nd St, Ste N, Phoenix, Arizona 85016-4639; Email: support@justyxco.com (subject “DMCA Notice”) .

If your content was removed due to a DMCA notice and you believe this was a mistake or misidentification, you may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3); we may restore the material unless the complainant files a court action within the statutory period. Misrepresentations in a notice or counter-notice may result in liability under 17 U.S.C. § 512(f).

11. Disclaimers of Warranties

THE SERVICES AND ALL CONTENT PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUSTYX AND ITS MEMBER, OFFICERS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA (INCLUDING LISTINGS AND FAMILY CONTENT) WILL NOT BE LOST; OR THAT ANY LISTING WILL BE PUBLISHED OR RESULT IN A SALE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL JUSTYX OR ITS MEMBER, OFFICERS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY (INCLUDING LOST SALES, MARKETPLACE ACCOUNT SUSPENSIONS, OVERSELLS, OR FAILED OR DELAYED LISTINGS), ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) JUSTYX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO JUSTYX FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIFTY U.S. DOLLARS (US $50).

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, AND SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS ALLOCATE RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN.

13. Indemnification

You agree to defend, indemnify, and hold harmless Justyx LLC and its member, officers, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content, including your listings and any transaction with a buyer; (b) your use or misuse of the Services; (c) your violation of these Terms or of any law; (d) your violation of any third-party right, including intellectual property, privacy, or marketplace terms; or (e) any dispute between you and any marketplace, buyer, or family group member. We may, at your expense, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate. This section survives termination.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy at justyxco.com/privacy. By using the Services, you acknowledge those practices, including the provisions on children’s data in FamilyHub.

15. Termination and Suspension

You may stop using the Services and delete your account at any time in-app or by contacting support@justyxco.com. Deleting your account does not automatically cancel a subscription purchased through Apple or Google — you must also cancel through the applicable app store, as described in our Subscription and Refund Terms.

We may suspend or terminate your access to all or part of the Services, with or without notice, if: (a) you materially or repeatedly breach these Terms; (b) we are required to by law or by a third-party platform necessary to provide the Services; (c) your free account is inactive for more than twenty-four (24) months; or (d) continuing service creates legal, security, or operational risk. Where practicable and lawful, we will provide notice and an opportunity to export your data. Upon termination, your license to use the Services ends, and Sections 6 (license tail), 7, and 9 through 20 survive.

16. Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the Federal Arbitration Act with respect to Section 17, and otherwise by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Pima County, Arizona, and you and Justyx consent to jurisdiction and venue there. This section does not deprive you of non-waivable consumer protections of the jurisdiction where you reside.

17. Dispute Resolution; Binding Arbitration; Class Waiver

17.1 Informal Resolution First

Before filing an arbitration demand or any claim, you and Justyx agree to try to resolve the dispute informally. Either party may send a written notice of dispute describing the claim and requested relief (to us: support@justyxco.com, subject “Notice of Dispute,” or by mail to 4539 N 22nd St, Ste N, Phoenix, Arizona 85016; to you: your account email), and the parties will negotiate in good faith for at least sixty (60) days after receipt before commencing arbitration or litigation.

17.2 Agreement to Arbitrate

Except as provided in Section 17.4, you and Justyx agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator (and not any court) has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide questions concerning the enforceability of the class waiver in Section 17.3.

Arbitration will be conducted by a single arbitrator, in English, by videoconference, telephone, or written submissions unless the AAA rules require otherwise; any in-person hearing will take place in Tucson, Arizona or, if required for enforceability, in the county where you reside. Fees are governed by the AAA Consumer Rules; if your claim is for less than $10,000, Justyx will pay all AAA fees other than your initial filing fee unless the arbitrator finds the claim frivolous. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND JUSTYX EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate more than one person’s claims. If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this Section 17 remains in effect.

17.4 Exceptions

Either party may (a) bring an individual claim in small claims court in Pima County, Arizona or, if you are the claimant, in the small claims court for the county where you reside, if the claim qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to stop unauthorized access to or abuse of the Services, without first engaging in the informal process or arbitration.

17.5 Time Limit

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrues, or it is permanently barred.

17.6 Your Right to Opt Out

You may opt out of this arbitration agreement and class waiver by sending written notice to support@justyxco.com (subject “Arbitration Opt-Out”) or by mail to Justyx LLC, 4539 N 22nd St, Ste N, Phoenix, Arizona 85016, within thirty (30) days after you first accept these Terms (or after this arbitration provision is first added, whichever is later). Your notice must include your name, your account email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

18. Changes to These Terms

We may modify these Terms from time to time. For material changes, we will provide at least 30 days’ advance notice by email, in-app notice, or prominent posting on the Site, and update the “Last Updated” date above. Material changes to Section 17 (arbitration) will not apply to disputes that arose before the change and will restart your 30-day opt-out window. If you do not agree to the modified Terms, stop using the Services before the changes take effect; you may cancel your subscription as described in the Subscription and Refund Terms. Continued use after the effective date constitutes acceptance.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, the Subscription and Refund Terms, and any additional terms you agree to for specific features, constitute the entire agreement between you and Justyx regarding the Services and supersede all prior agreements on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing and signed by Justyx.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, internet or utility failures, third-party platform or API outages, or governmental actions.

Notices. We may provide notices by email to your account address, by in-app notice, or by posting on the Site. Legal notices to Justyx must be sent to Justyx LLC, 4539 N 22nd St, Ste N, Phoenix, Arizona 85016-4639, with a copy to support@justyxco.com.

Export and sanctions. You may not use the Services in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed country or on any U.S. restricted-party list.

No third-party beneficiaries. These Terms create no third-party rights, except that Apple and Google are third-party beneficiaries of Section 20 to the extent required by their developer terms.

20. App Store Terms (Apple and Google)

If you download our apps from the Apple App Store, the following additional terms apply, consistent with Apple’s required minimum terms for developer end-user license agreements: (a) Acknowledgment. These Terms are an agreement between you and Justyx only, not Apple, and Justyx — not Apple — is solely responsible for the apps and their content. (b) Scope of license. The license granted to you is a limited, non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing). (c) Maintenance and support. Justyx is solely responsible for providing any maintenance and support services for the apps; Apple has no obligation whatsoever to furnish any maintenance and support services for them. (d) Warranty. In the event of any failure of an app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) that you paid to it for the app; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Justyx’s responsibility, subject to Sections 11 and 12. (e) Product claims. Justyx, not Apple, is responsible for addressing any claims by you or any third party relating to the apps or your possession and use of them, including product liability claims, claims that an app fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. (f) Intellectual property claims. In the event of any third-party claim that an app, or your possession and use of an app, infringes that third party’s intellectual property rights, Justyx, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim. (g) Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. (h) Developer contact. Questions, complaints, or claims regarding the apps may be directed to Justyx using the contact information in Section 21. (i) Third-party terms; third-party beneficiary. You must comply with applicable third-party terms of agreement when using the apps, and Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, with the right (deemed accepted by Apple) to enforce these Terms against you as a third-party beneficiary. If you download our apps from Google Play, your use is also subject to the Google Play Terms of Service, and Google’s data safety and refund processes apply to Google Play purchases.

21. The Website, Justyx Insider, and Community App Listings

This Section 21 applies to the website at justyxco.com (the “Site”) in addition to the rest of these Terms. The Site showcases applications built and operated by Justyx, publishes company information and blog content, offers a free membership (“Justyx Insider”), and hosts a paid directory of third-party applications (“Community Listings”). Information on the Site about apps that are “in development” or “coming soon” describes products that have not been released; features, pricing, and availability may change or be cancelled without notice.

21.1 Justyx Insider Membership

Justyx Insider is a free membership. Members may receive early or beta access to Justyx applications, development updates, feature polls, and offers from developers of Community Listings. Beta software is provided for testing and may be unstable or incomplete; Sections 11 and 12 (Disclaimers; Limitation of Liability) apply to it in full. Beta access, offers, and perks are provided at our discretion and may be changed or withdrawn at any time. One membership per person. We may remove a membership that is used to harass, spam, or scrape.

21.2 Community Listings Are Not Our Apps

Community Listings are submitted by independent third-party developers. A listing does not constitute endorsement, sponsorship, warranty, or verification by Justyx of the listed application, its developer, or its claims. Your download or use of a listed application is solely between you and its developer and is governed by that developer’s own terms and privacy policy. Justyx is not responsible for the content, security, availability, or conduct of any listed application or developer.

21.3 Terms for Listing Purchasers

If you purchase a Community Listing (Standard or Featured) or an App Spotlight, you represent and warrant that you own or are authorized to promote the listed application; that your listing content (including names, marks, descriptions, screenshots, and store links) is accurate, lawful, and does not infringe any third party’s rights; and that you will keep it current. You grant Justyx a non-exclusive, worldwide, royalty-free license to display, reproduce, and adapt your submitted content on the Site, in Justyx communications to members, and in promotional materials for the Site, for as long as your listing is active and for a reasonable period after to wind down. You may display a “Listed on Justyx” badge on your own properties only while your listing is active and only in the form we provide.

All listings are subject to review. We may decline, edit for format, or remove any listing that we determine, in our sole discretion, to be misleading, infringing, harmful, unlawful, or inconsistent with the character of the Site, or that violates these Terms. Community Listings are currently free of charge. If we introduce paid listing tiers, their billing, renewal and cancellation terms will be stated on the listing page before you subscribe, and removal for violation of these Terms will not entitle you to a refund. App Spotlight is a one-time purchase: we may decline a Spotlight before publication with a full refund; once published, the fee is non-refundable. Where a listing purchaser offers Insider deals or beta access, that offer is a contract between the purchaser and the member, not with Justyx.

21.4 Reporting a Listing

Rights holders and members may report a listing they believe is infringing, misleading, or harmful by emailing support@justyxco.com with the subject line “Listing Report” and a description of the concern. Copyright notices should follow the procedure in Section 10 (Copyright Policy). We will review reports promptly and may remove or suspend a listing while we do so.

22. Contact

Questions about these Terms: Justyx LLC, Attn: Kiyah Abney, 4539 N 22nd St, Ste N, Phoenix, Arizona 85016-4639; Email: support@justyxco.com; Website: justyxco.com.

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