By using the KajabiNext.com web site (“Service”), or any services of Kajabi LLC (“Kajabi”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Kajabi reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.kajabinext.com/site/terms
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Kajabi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your course as an assistant).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You are subject to the approval of Kajabi. We reserve the right to approve or deny any instructor or course for any reason.
- You are responsible for all of the content you submit to the Service ("Content"). You acknowledge that you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Kajabi, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your Content. You also acknowledge that no Content shall infringe or misappropriate any intellectual property right of a third party;
- You are solely responsible for determining the fees you charge Users for your Courses.
- Kajabi will handle billing and other fee interaction with Users.
- Kajabi has a mandatory 30-day money back guarantee for all Courses. If a student wishes to get a refund for fees paid to you for your course within the first 30 days of purchasing the course, they can initiate this themselves. If you wish to give a student a refund for fees paid to you for your course after the 30-day period, you may initiate those at your discretion.
- Payments for Your Courses are powered by Stripe, and thus all transactions are subject to Stripe's 2.9% + $0.30 merchant processing fee.
- Once a particular Stripe account is connected to your Kajabi Next account and used to collect payments for your Content, it cannot be replaced with a different Stripe account. We also highly discourage you from using that Stripe account for any other purpose besides Kajabi Next. For this reason, we recommend creating a brand new Stripe account for the sole purpose of collecting payments for your Kajabi Next courses.
- If you are on the Basic plan, you hereby authorize Kajabi to deduct and retain a five percent (5%) transaction fee from the Net Amount received. The Net Amount equals the amount actually received from Users for Your Courses, less any refunds paid, merchant processing fees, and applicable sales or other taxes (if any). There is no transaction fee for those on the Plus plan.
C. Payment, Refunds, Upgrading and Downgrading Terms
- All instructor plans must enter a valid credit card.
- All fees and charges incurred in connection with your Kajabi Next account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to Kajabi Next. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking your name in the top right of the admin, then "Settings".
- All monthly plans will continue and renew automatically, unless properly cancelled (see Section D #1)
- If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed monthly for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. Aside from the initial 30-day money-back guarantee after you initially sign up, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- User is responsible for any incurred foreign transaction fees, user credit card or bank fees, or differences and fluctuations in foreign exchange rates.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. Kajabi Next does not accept any liability for such loss.
D. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Settings” link then the “Subscription” tab. Then clicking the "I want to cancel my account" link lets you cancel your account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Kajabi Next, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Kajabi Next service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Kajabi Next reserves the right to refuse service to anyone for any reason at any time.
- If a student has a history of excessive refunding of courses, as determined by Kajabi, we reserve the right to suspend your Kajabi Next account and restrict you from purchasing new courses.
F. Modifications to the Service and Prices
- Kajabi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Kajabi Next site (KajabiNext.com) or the Service itself.
- Kajabi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
G. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- Kajabi does not pre-screen Content, but Kajabi has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Kajabi against any claim, demand, suit or proceeding made or brought against Kajabi by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Kajabi for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Kajabi in connection with any such claim, demand, suit or proceeding; provided, that Kajabi (a) gives You notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Kajabi of all liability); and (c) provides to You all reasonable assistance, at Your expense.
H. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
- You understand that Kajabi uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Kajabi service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kajabi.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kajabi customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- Kajabi does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Kajabi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kajabi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of Kajabi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kajabi and govern your use of the Service, superseding any prior agreements between you and Kajabi (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Accuracy and Availability of Information
The Site contains database information and other content compiled by Kajabi. While we use commercially reasonable efforts to provide accurate information, Kajabi gives no warranty as to the accuracy of the database and other content on the Site. Kajabi reserves the right to withdraw or delete information or content from the Site at any time.
Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Kajabi except in a signed, non-electronic writing signed by an authorized representative of Kajabi.