Terms and Conditions for Jaktiv ApS

Last Updated: 17 November 2024

1. Introduction

Welcome to Jaktiv! These Terms and Conditions govern your access to and use of the Jaktiv platform, including our app and related services. By using Jaktiv, you enter into a legally binding agreement with JAKTIV ApS (“we,” “us,” or “our”).

Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you must not use Jaktiv or create an account.

2. Who Can Use Jaktiv?

2.1 Eligibility

To use Jaktiv, you must:

• Be at least 16 years old.
• Reside in a country where Jaktiv is available.
• Have the legal capacity to enter into a binding agreement.

By creating an account, you confirm that you meet these criteria. If we have reason to believe that the user of an account does not meet these criteria, we may take action entirely at our discretion, including but not limited to account suspension or termination without warning.

2.2 Account Registration and Security

• Account Creation: To access certain features, you must create an account and provide accurate and complete information, including your name, email, age, and location.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
• Account Information: You agree to keep your account information accurate and up to date. Failure to do so may result in account suspension or termination.
• Account Termination: We reserve the right to suspend or terminate your account if you violate these Terms and Conditions or engage in inappropriate behavior.

3. Your Responsibilities as a User

3.1 Acceptable Use of Jaktiv

When using Jaktiv, you agree to:

• Respect Others: You must not harass, threaten, discriminate against, or harm other users.
• Share Legally Permissible Content: Only upload content you own or have the rights to share.
• Comply with Laws: Do not engage in illegal activities or promote illegal content.
• Protect the Platform: Do not attempt to hack, manipulate, or otherwise harm Jaktiv’s systems, servers, or networks.

3.2 Prohibited Activities

You may not engage in the following activities on Jaktiv:

• Misrepresentation: Creating fake accounts, impersonating others, or providing false information in your profile or listings.
• Illegal Activities: Using Jaktiv for unlawful purposes, including the promotion, sale, or trade of prohibited items or services.
• Harmful Behavior: Harassing, threatening, discriminating against, or otherwise harming other users.
• Content Violations: Sharing content that infringes on intellectual property rights, privacy rights, or other legal rights of others. This includes copyrighted material, personal data of others, and content that violates our Community Guidelines.
• Platform Interference: Attempting to hack, exploit vulnerabilities, or otherwise disrupt the functionality of Jaktiv, including using bots or scraping data without authorization.
• Circumvention: Attempting to bypass platform restrictions, such as avoiding penalties for prohibited activities or creating new accounts after a suspension.
• Weapons Trade Violations: Selling or trading firearms or weapons in violation of applicable laws, our Weapons Trade Policy, or without proper verification of buyer credentials.

4. Marketplace Terms

Jaktiv’s Marketplace allows users to buy, sell, and trade items or services. By using the Marketplace, you agree to the following terms:

4.1 Accurate Listings

Ensure that all descriptions, images, and pricing of your items are truthful, complete, and up to date. Misleading or fraudulent listings are prohibited.

4.2 Prohibited Items

The sale of illegal, restricted, or unauthorized items (such as counterfeit goods, stolen items, or prohibited weapons) is strictly forbidden.

4.3 Buyer and Seller Responsibilities

All transactions conducted via the Marketplace are solely between the buyer and the seller. Jaktiv is not a party to these transactions and is not responsible for any issues, damages, or disputes arising from them.

4.4 Marketplace Disputes

While Jaktiv is not directly liable for disputes between buyers and sellers, we may offer tools and resources to help resolve issues. Users involved in a dispute should:

• Contact Each Other First: Attempt to resolve the issue directly through Jaktiv’s messaging system.
• Report Issues to Jaktiv: If no resolution is reached, users may report the issue via our support team. Please include relevant transaction details and evidence.
• Jaktiv’s Role: At our discretion, Jaktiv may mediate disputes by reviewing evidence and providing recommendations. However, we are not legally liable for the outcome.
• Final Recourse: For unresolved disputes, users may pursue external legal remedies as allowed by local laws.

Jaktiv reserves the right to suspend or terminate accounts involved in fraudulent or abusive activities, even during disputes.

4.5 Weapons Trade Policy

The sale of weapons on Jaktiv is subject to strict regulation. If you choose to sell or purchase weapons through the platform, you must comply with the following rules:

• Compliance with Laws: Ensure that all weapon transactions comply with applicable laws, including local, national, and international regulations regarding licensing, age requirements, and permits.
• Verification Requirements: Sellers must verify that buyers possess valid identification and a valid hunting license. It is your responsibility to confirm the legality of the transaction.
• Disclosure Obligations: All weapon listings must include accurate details, such as type, manufacturer, model, serial number, caliber, and any modifications.
• Safety and Responsibility: Users are responsible for conducting transactions in a safe and secure manner to prevent weapons from falling into unauthorized hands.
• Prohibited Activities: The sale or trade of illegal or unregistered firearms, or any weapons prohibited by law, is strictly forbidden.

By participating in weapons trade, you agree to indemnify and hold Jaktiv harmless from any legal consequences, damages, or liabilities arising from such transactions.

By using Jaktiv Market, users acknowledge that Jaktiv is not involved in the execution of the transaction and is not liable for any disputes, damages, or legal consequences arising from weapons-related transactions. Users are strongly advised to exercise due diligence and act in accordance with all applicable laws and regulations when engaging in such activities.

Violations of this policy or misuse of the platform for unlawful purposes may result in the suspension or termination of user accounts.

5. Your Content and Intellectual Property

5.1 Ownership and License

• Your Content: You retain ownership of any content (text, images, videos) that you post on Jaktiv.
• License to Us: By posting content, you grant Jaktiv a non-exclusive, royalty-free, worldwide license to use, display, distribute, and modify your content to operate and promote the platform.

5.2 Content Responsibility

You are solely responsible for the content you post. Your content must not violate the intellectual property rights, privacy rights, or any other legal rights of others.

5.3 Moderation Rights

Jaktiv is committed to maintaining a safe and welcoming community. To achieve this, we reserve the right to:

• Review Content: Monitor user-generated content, including posts and marketplace listings, to ensure compliance with our Terms and Conditions and Community Guidelines.
• Remove Violations: Remove content that violates our policies, including but not limited to illegal, harmful, or inappropriate material.
• Escalate Issues: Report illegal activities to relevant authorities and cooperate with investigations where necessary.
• Account Penalties: Take corrective actions against accounts that breach our policies, ranging from temporary suspensions to permanent bans.

Users may appeal content moderation decisions by contacting our support team within 14 days of the action. The ultimate outcome of such decisions is entirely at the discretion of Jaktiv.

6. Subscription and Premium Services

6.1 Jaktiv PRO

Jaktiv offers premium features through a subscription service, known as Jaktiv PRO.

6.2 Subscription Payments

• Payments are processed via app stores (e.g., Apple App Store or Google Play Store) and are subject to their terms.
• Subscriptions automatically renew unless canceled before the renewal date.

6.3 Refund Policy

Subscription fees are generally non-refundable. Refunds may be subject to the policies of the app store through which you subscribed.

7. Privacy and Data Protection

Your privacy is important to us. Jaktiv’s handling of personal data is governed by our Privacy Policy, which complies with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and Danish privacy laws. By using Jaktiv, you consent to the collection and processing of personal data as described in our Privacy Policy.

8. Advertising and Sponsored Content

Jaktiv uses personalized advertisements to support our platform and enhance your experience. Jaktiv may display advertisements and sponsored content tailored to your interests, age, gender and location. The targeting of these ads are based only on the information you explicitly state during account registration, such as your interests, location, age, and gender, as well as explicit advertisement interactions, such as clicking on or liking certain advertisements. 

You can edit your interests and location at any time to update ad targeting mechanisms. We do not otherwise track your behaviour or infer additional preferences.

If you do not wish to receive personalised advertising, you should not create an account with Jaktiv. By registering, you acknowledge and accept this as a condition of using our platform.

Jaktiv does not share your personal data with advertisers without your consent.

9. Intellectual Property

9.1 Jaktiv’s Rights 

All intellectual property on Jaktiv, including trademarks, software, logos, and curated content, is owned by or licensed to JAKTIV ApS. Unauthorized use of this property is prohibited.

9.2 Limited license

• Ownership: Users retain ownership of content they post on Jaktiv, such as posts, videos, and listings.
• License to Jaktiv: By posting content, users grant Jaktiv a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the content for platform operations and marketing purposes.
• Content Violations: Users must ensure their content complies with applicable laws and does not infringe on the intellectual property rights of third parties, including copyright and trademark.

Jaktiv reserves the right to remove infringing content without notice. If you believe that someone is using your copyrighted work or trademark without your permission, you can report it to us at Support@jaktiv.com.

10. Disclaimers and Limitation of Liability

10.1 Disclaimers

Jaktiv is provided “as is” and “as available” without warranties of any kind. We do not guarantee the app’s uninterrupted availability, accuracy, or fitness for a specific purpose.

10.2 Limitation of Liability

To the extent permitted by law:

• Jaktiv is not liable for indirect, incidental, or consequential disputes or damages arising from your use of the app, including but not limited to the illegal sale or trade of weapons or other restricted items.
• Jaktiv’s maximum liability is limited to the amount you paid for Jaktiv services in the past 12 months or €100, whichever is greater.

10.3 Force Majeure

Jaktiv shall not be held liable for delays, interruptions, or failures caused by events beyond our reasonable control, including but not limited to natural disasters, cyber-attacks, pandemics, or government actions.

11. Indemnification

You agree to indemnify and hold Jaktiv, its employees, and affiliates harmless from any claims, damages, or expenses resulting from your use of the app, violation of these Terms and Conditions, or infringement of third-party rights.

12. Modifications to these Terms and Conditions

Jaktiv reserves the right to modify these Terms and Conditions at any time. If significant changes are made, we will notify you through the app. Continued use of the app after such changes constitutes acceptance of the new Terms and Conditions.

13. Termination of Access

We may suspend or terminate your account or access to Jaktiv if you violate these Terms and Conditions or applicable laws, or if we assess that your actions harm the community or the platform.

14. Governing Law and Disputes

These Terms and Conditions  and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with Danish law. The courts of Denmark shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.

15. Contact Us

For any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

JAKTIV ApS
Email: Info@jaktiv.com
Address: Ravnsborggade 18B 1, 2200 København N.
CVR: 44676486

By using Jaktiv, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.