Terms of Service Agreement

Last Updated: 23/08/2025
Effective Date: 23/08/2025

1. Acceptance of Terms

This Terms of Service Agreement (“Agreement“) constitutes a legally binding contract between you (“User,” “you,” or “your“) and Jasser Jaballah, an individual entrepreneur operating under the trade name Journey Beyond Horizons (“JBH,” “we,” “us,” or “our”). This Agreement governs your access to and use of the JBH website located at www.jbhprods.com (the “Site“), including all associated content, functionality, services, digital products, subscription plans, community features, and any other services offered from time to time (collectively, the “Services“).

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE ACCESSING, BROWSING, OR USING OUR SERVICES.

By accessing, browsing, registering an account, making a purchase, subscribing to a plan, or using the Site or Services in any manner, you:

• Acknowledge and Declare that you have read, understood, and agree to be bound by all the terms and conditions contained within this Agreement.
• Represent and Warrant that you are at least 18 years of age, possess the legal capacity and authority to enter into a binding contract, and are not barred from receiving services under the laws of the Republic of Tunisia or other applicable jurisdictions.
• Expressly Accept and agree to be bound by all of the terms, conditions, obligations, representations, and warranties outlined herein.
• Provide Informed Consent to the collection, use, processing, storage, and disclosure of your personal information and data as described in our Privacy Policy, which is incorporated into this Agreement by reference.

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity.

IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE AND SERVICES AND MUST NOT ACCESS OR USE ANY PART OF THEM.

2. Definitions

For the purposes of this Agreement, the following capitalized terms shall have the meanings ascribed to them below. These definitions shall apply regardless of whether the terms appear in singular or plural form.

• “Content” refers to all text, graphics, user interfaces, visual interfaces, photographs, images, illustrations, trademarks, logos, slogans, sounds, music, audio works, artwork, animations, computer code (including HTML, CSS, JavaScript), designs, structure, selection, coordination, expression, “look and feel,” arrangement, and compilation of any and all information and materials made available on or through our Services.
• “Energy” refers to the proprietary, limited license virtual currency, points, or credits issued by JBH at its discretion, primarily to subscribers of certain tiers. Energy can be used as a medium of exchange solely within the JBH ecosystem to acquire certain Services, including but not limited to Gigs, digital assets from the Store, exclusive content, or applied as a discount on eligible purchases, as detailed in Section 6.
• “Gig” refers to a pre-defined, curated, and scoped service package or project offering provided by JBH, as described and priced on the Site’s Services pages. Each Gig constitutes a separate statement of work governed by this Agreement.
• “User Content” refers to any content, materials, information, data, creative briefs, comments, feedback, messages, links, graphics, photos, audio, videos, or other information you upload, post, publish, display, transmit, submit, or provide to our Services, including in community forums, chat services, support tickets, or as part of a creative brief for a Gig.
• “JBH Content” refers to all Content that is created, developed, sourced, licensed, or made available by or on behalf of JBH on the Site or through the Services, expressly excluding any and all User Content.
• “Subscription” refers to a recurring payment plan (e.g., Basic, Standard, Pro, Elite) that you select and pay for, which provides access to a specified amount of Energy, Services, digital asset libraries, community features, and other tier-specific benefits as outlined on the Site and in Section 5.
• “Work Product” refers to the final deliverables, outputs, creations, or assets produced by JBH and provided to you upon completion of a purchased Gig or service, and/or upon your purchase of a digital asset from the Store.

3. Description of Services

JBH operates as a multidisciplinary digital creative studio and platform, offering a suite of Services that include, but are not limited to:

• Creative & Strategic Services (“Gigs”): Custom creative, research-driven, and strategic solutions. These Gigs encompass a wide range of disciplines including, but not limited to: visual design (e.g., logos, branding, UI/UX), audio production (e.g., sound design, scoring, mixing), data analysis, visualization, strategic consulting, content creation, and multimedia production. The specific scope, deliverables, and requirements for each Gig are detailed on their respective Services pages.
• Subscription Plans: Tiered membership plans (e.g., Basic, Standard, Pro, Elite) that grant recurring access to a predetermined allocation of Energy credits, exclusive digital asset libraries, priority support, community features, and other tier-specific benefits as advertised on the Site at the time of your subscription.
• Digital Store: An online marketplace where Users can browse, preview, and purchase digital assets using Energy or direct payment. These assets include, but are not limited to: stock visuals, photography, vector graphics, audio loops, sound effects, music tracks, datasets, templates, presets, and digital tools.
• Community Features: Access to exclusive, subscriber-only interactive areas such as forums, discussion boards, Slack channels, Discord servers, or other communication platforms designed for collaboration, networking, and support among Users.
• Insights Blog & Publications: A digital publication featuring articles, research papers, opinion pieces, tutorials, and commentary on topics related to creativity, technology, culture, and industry trends.

Modification of Services. We expressly reserve the right, at our sole discretion and without prior notice or liability, to: (a) modify, amend, update, or change the features, functionality, or content of any aspect of the Services; (b) suspend, discontinue, or terminate the availability of any feature, database, or content; (c) impose limits on certain features and services or restrict your access to parts or all of the Services; and (d) offer additional services or features that will be subject to the terms of this Agreement.

4. User Account Registration

To access and use certain privileged features of the Services, such as subscribing to a plan, purchasing Gigs, accessing community features, or using Energy, you must successfully register for a user account (“Account“).

• Accuracy of Information: You covenant and agree to provide accurate, current, and complete information during the registration process and at all other times when you interact with the Services. You further agree to promptly update your Account information to ensure it remains accurate, current, and complete. We reserve the right to suspend or terminate your Account if any information provided is found to be inaccurate, not current, or incomplete.
• Account Security: You are solely and entirely responsible for maintaining the strict confidentiality of your Account credentials, including your password. You are further solely and entirely responsible for any and all activities that occur under your Account, whether authorized by you or not. You agree to immediately notify us at legal@jbhprods.com of any unauthorized use of your Account or any other breach of security. JBH will not be liable for any loss or damage arising from your failure to comply with this security obligation.
• Eligibility and Single Account: You represent and warrant that you are at least 18 years of age to create an Account. You further agree that you will maintain only one Account at any given time and will not create an Account using a false identity or information, or on behalf of someone other than yourself.

5. Subscription Terms and Billing

a. Subscription Fees and Payment Authorization: By selecting a paid Subscription plan, you explicitly agree to pay JBH all applicable subscription fees (“Fees“) as described on the Site at the time of purchase. Fees are billed in advance on a recurring basis (monthly or annually, as selected by you) and are non-refundable except as explicitly required by applicable law or as stated in our refund policy. You hereby authorize JBH, through its designated third-party payment processors, to charge your chosen payment method for all applicable Fees.

b. Automatic Renewal: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (E.G., MONTHLY OR ANNUALLY) INDEFINITELY UNLESS AND UNTIL YOU EXPLICITLY CANCEL IT THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING SUPPORT BEFORE THE RENEWAL DATE. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL PRIOR TO THE RENEWAL DATE WILL RESULT IN THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND A CHARCH TO YOUR PAYMENT METHOD FOR THE NEW BILLING PERIOD. Cancellation will take effect at the end of the then-current billing period, and you will not receive a prorated refund.

c. Price Changes: We reserve the unilateral right to change Subscription Fees at any time, at our sole discretion. We will provide you with clear and conspicuous notice of any fee changes at least thirty (30) days in advance via email to the address associated with your Account or through a prominent notice on the Site. Your continued use of the Service after the effective date of the fee change constitutes your express agreement to pay the modified Subscription fee amount. If you disagree with the price change, your sole remedy is to cancel your Subscription before the renewal date.

d. Taxes: All Fees quoted are exclusive of any applicable taxes, levies, value-added tax (VAT), goods and services tax (GST), duties, or other governmental assessments of any nature. You are solely responsible for payment of all such taxes, levies, or duties associated with your purchase, excluding only taxes based solely on JBH’s net income.

e. Payment Processor: All payments for Services are processed securely by our third-party payment gateways (e.g., Stripe, PayPal). You agree to be bound by the respective terms and conditions and privacy policies of these payment processors. JBH does not store your complete payment card details on its servers. All payment data is stored and handled by our payment processors in compliance with industry security standards.

f. Free Trials and Promotional Offers: We may, at our discretion, offer free trials or promotional subscriptions. You may be required to enter your payment details to begin a free trial. AT THE END OF THE FREE TRIAL PERIOD, YOU WILL BE AUTOMATICALLY CHARGED THE APPLICABLE SUBSCRIPTION FEE UNLESS YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD. We reserve the right to modify, terminate, or otherwise amend our free trial and promotional offer policies at any time without prior notice.

6. Refund Policy

a. General No-Refund Policy for Virtual Services and Products. Due to the immediate access, intangible, and digital nature of the Services provided by JBH, which include but are not limited to Gigs, Work Product, digital assets from the Store, Subscription access, and Energy, all sales are final and non-refundable unless otherwise explicitly required by applicable mandatory law. All fees and payments are earned upon receipt and are non-refundable once a Service is accessed, a Gig is commenced, a digital asset is delivered, or Energy is credited to your Account.

b. Nature of Virtual Services. You expressly acknowledge and agree that by purchasing our Services, you are paying for access to a virtual, digital process, expertise, and the resulting digital deliverables. As these cannot be returned, withdrawn, or “un-used,” no right of withdrawal or refund exists after the service has been provided or the digital product has been delivered, consistent with the nature of digital content not supplied on a tangible medium.

c. Exceptions. Notwithstanding the foregoing, JBH may, at its sole and absolute discretion:
i. Issue a refund or credit if both parties mutually agree in writing (e.g., via email) prior to the commencement of work on a Gig or the delivery of a specific service.
ii. Issue a refund if required to do so under the applicable consumer protection laws of the Republic of Tunisia.
iii. Issue a refund in the event of a documented and proven catastrophic failure of the Service that renders it permanently and completely unusable for its intended purpose, where no reasonable alternative or fix can be provided by JBH.

d. Disputed Charges. If you believe you have been charged in error, you must contact us at legal@jbhprods.com within thirty (30) days of the charge date. We will review your request. Filing a bank or credit card chargeback without first contacting us to discuss the charge is a material breach of this Agreement. JBH reserves the right to immediately terminate your Account and any active Services upon the filing of a chargeback.

e. No Guarantee of Satisfaction. While JBH strives for high-quality Services, we do not guarantee specific outcomes or your personal satisfaction with the final Work Product. Disagreement with creative choices, stylistic results, or subjective quality does not constitute a valid reason for a refund once the Service has been rendered and the deliverables have been provided as scoped.

7. Energy: Virtual Currency Terms

a. Nature and Proprietary Rights of Energy: Energy is a proprietary virtual currency, a limited license right granted by JBH to eligible Users. It is not real-world currency, legal tender, or any form of electronic money. Energy has no monetary value outside of the JBH ecosystem and cannot be characterized as a security or financial instrument.

b. Valuation & Permitted Use: Energy is valued at a fixed, arbitrary rate of 1 Energy = 1 USD for internal transactional purposes only. This valuation does not imply any real-world equivalence or redeemability. Energy can be used exclusively on the JBH platform as a payment method to: (i) purchase Gigs; (ii) acquire digital assets from the Store; (iii) access certain exclusive content; or (iv) receive discounts on eligible purchases, as permitted by JBH.

c. Non-Transferable and Non-Refundable: Energy is strictly non-transferable, non-assignable, and personal to your Account. You cannot sell, trade, exchange, gift, transfer, assign, or otherwise dispose of your Energy to any other User or third party for any reason. Energy holds no cash value and cannot be redeemed for cash, refunded, or exchanged for any currency or value outside the Services.

d. Grant, Expiration & Forfeiture: Energy is typically granted upon successful payment of a Subscription fee, as part of a promotional offer, or at JBH’s discretion. Energy does not expire as long as your Account remains active, in good standing, and your Subscription is maintained. UPON CANCELLATION, LAPSE, OR TERMINATION OF YOUR SUBSCRIPTION OR YOUR ACCOUNT FOR ANY REASON, ANY AND ALL UNUSED ENERGY IN YOUR ACCOUNT IS IMMEDIATELY, AUTOMATICALLY, AND PERMANENTLY FORFEITED WITHOUT ANY RIGHT TO REFUND, COMPENSATION, OR OTHER CONSIDERATION.

e. Modifications and Management: JBH reserves the absolute right, at its sole and unfettered discretion, to: (i) modify, manage, regulate, control, devalue, or eliminate the Energy system; (ii) set and change the exchange rate or cost of items in Energy; (iii) limit the amount of Energy that may be accumulated; and (iv) expire or remove Energy from Accounts, with or without prior notice to you. Your continued use of the Services constitutes acceptance of any such changes.

8. Use of Artificial Intelligence (AI)

a. AI Disclosure and Integration: JBH may utilize, at its sole discretion, various forms of artificial intelligence, machine learning, generative adversarial networks (GANs), large language models (LLMs), and other AI tools and technologies (collectively, “AI Tools“) in the creation, development, ideation, production, and delivery of its Services. This includes, but is not limited to, the creation of Gigs, digital assets, Content, and any Work Product.

b. Discretionary Use and Non-Disclosure: The extent, nature, frequency, and specific type of AI Tool usage is at the sole and absolute discretion of JBH and may vary significantly from project to project, asset to asset, and deliverable to deliverable. JBH IS UNDER NO OBLIGATION TO DISCLOSE, IDENTIFY, OR SPECIFY WHETHER, HOW, OR TO WHAT EXTENT AI TOOLS WERE USED IN THE CREATION OF ANY SPECIFIC DELIVERABLE, WORK PRODUCT, OR ASSET. The use of AI Tools is considered an integral part of JBH’s proprietary creative process.

c. No Guarantee of Human-Only Creation: YOU HEREBY EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ANY WORK PRODUCT, DELIVERABLE, OR ASSET PROVIDED TO YOU BY JBH MAY BE CREATED IN WHOLE OR IN SIGNIFICANT PART BY AI TOOLS, MAY INCORPORATE, MODIFY, OR BE DERIVED FROM AI-GENERATED MATERIALS, OR MAY BE THE RESULT OF A COMBINATION OF HUMAN EFFORT AND AI PROCESSING.

d. Assumption of Risk and Limitation of Liability: You understand and accept that AI-generated content, while advanced, may contain inaccuracies, anomalies, biases, imperfections, or errors inherent to the statistical nature of the technology. YOU ASSUME ALL RISK AND SOLE RESPONSIBILITY associated with the use, publication, distribution, or reliance upon any AI-generated or AI-assisted content provided through the Services. JBH EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INACCURACIES, INFRINGEMENT, BIAS, OR HARM ARISING FROM THE USE OF AI TOOLS IN THE CREATION OF ITS DELIVERABLES, TO THE FULLEST EXTENT PERMITTED BY LAW.

e. Ownership of AI Output: For the avoidance of doubt, notwithstanding the use of AI Tools, JBH retains all right, title, and interest in and to the Work Product and JBH Content, as outlined in Section 8, and the license granted to you remains subject to the terms of this Agreement.

9. Intellectual Property Rights

a. Ownership by JBH: The Site, the Services, and all JBH Content, including but not limited to the underlying software, algorithms, “look and feel,” selection, coordination, and arrangement, are and shall remain the exclusive property of Jasser Jaballah / Journey Beyond Horizons and its licensors. These are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted to you in this Agreement are strictly reserved by JBH.

b. License to You for Work Product (Gigs & Store Purchases): Upon your full and complete payment for a Gig or a digital asset from the Store, JBH grants you a limited, non-exclusive, worldwide, perpetual, non-transferable (except as explicitly permitted below), and non-sublicensable license to use, reproduce, display, perform, and modify the specific Work Product you purchased for your intended personal, internal, and commercial business purposes. This license includes the right to incorporate the Work Product into your own derivative works for distribution.
* Restrictions: You may not (i) resell, redistribute, relicense, or otherwise transfer the Work Product as a standalone stock asset, template, or product; (ii) use the Work Product in a way that allows a third party to download, extract, or access it as a standalone file; (iii) claim ownership or authorship of the Work Product; or (iv) use the Work Product in any manner that is illegal, pornographic, defamatory, or infringing upon the rights of others.
* Transfer Exception: The license for a Work Product may be transferred once, in its entirety, to a single third party only if that third party acquires all or substantially all of the assets or business to which the Work Product pertains (e.g., you sell your company). Any other transfer is prohibited.

c. Portfolio and Marketing Rights (Moral Rights Waiver): JBH retains the irrevocable, perpetual, and unlimited right to display, reproduce, publish, communicate to the public, and otherwise use the Work Product (excluding your confidential information) in its portfolio, marketing materials, promotional efforts, case studies, and for any other business purpose, including the right to use your name and logo for identification as a client. To the extent permissible by law, you waive any and all moral rights you might have in the Work Product regarding such uses by JBH.

d. License Grant for User Content: By submitting, posting, or displaying User Content on or through the Services, you grant JBH a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable, perpetual, and irrevocable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, perform, and display such User Content for the limited purposes of: (i) operating, developing, providing, promoting, and improving the Services; (ii) researching and developing new services; and (iii) as permitted by our Privacy Policy.

e. Your Representations and Warranties on User Content: You represent, warrant, and covenant that: (i) you own or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize JBH to use your User Content as necessary to exercise the licenses granted by you in this section; and (ii) neither the User Content nor your submission, posting, or transmission of the User Content or JBH’s use thereof will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

10. User Conduct and Acceptable Use Policy

As a condition of your use of the Services, you covenant and agree not to use the Services for any purpose that is unlawful or prohibited by this Agreement. You agree to adhere to all applicable local, national, and international laws and regulations.
You agree NOT to:

• Violate any applicable law, statute, ordinance, regulation, or ethical code.
• Infringe upon or violate JBH’s or any third party’s copyright, patent, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
• Upload, post, transmit, or otherwise make available any User Content that:
  • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • You do not have a right to make available under any law or under contractual or fiduciary relationships.
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
• Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
• Intentionally or unintentionally violate any applicable local, state, national, or international law.
• “Stalk,” harass, or harm another individual.
• Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this section.
• Engage in any automated use of the system, such as using scripts, bots, spiders, scrapers, or other automated means to send comments or messages, or to extract data from the Services.
• Access, tamper with, or use non-public areas of the Services, JBH’s computer systems, or the technical delivery systems of JBH’s providers.
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.

11. Termination

a. Termination by You: You may terminate this Agreement at any time for any reason by (i) canceling any active Subscriptions through your Account settings and (ii) ceasing all use of the Services. Termination of the Agreement will not affect any outstanding orders or payments due.

b. Termination or Suspension by Us: We reserve the right, at our sole discretion and without prior notice or liability, to: (i) suspend, limit, or terminate your access to and use of the Services and your Account; (ii) delete your Account and all associated information and files within your Account; and (iii) prohibit your future access to and use of the Services. Grounds for such action include, but are not limited to: (1) any breach or violation of this Agreement or other incorporated agreements or guidelines; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to the Services (or any part thereof); (4) unexpected technical or security issues or problems; (5) extended periods of inactivity; or (6) your engagement in fraudulent or illegal activities.

c. Effect of Termination: Upon any termination or expiration of this Agreement: (i) all rights and licenses granted to you will immediately cease; (ii) you must immediately cease all use of the Services; (iii) any outstanding Fees owed to JBH become immediately due and payable; (iv) any unused Energy is immediately forfeited; and (v) we may, at our option, permanently delete your Account, User Content, and data. Termination will not affect any rights or obligations of the parties that have accrued prior to the effective date of termination. All provisions of this Agreement which by their nature are intended to survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the general miscellaneous provisions.

12. Disclaimer of Warranties; Limitation of Liability

a. Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL JBH CONTENT, WORK PRODUCT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JBH EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. JBH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. No Guarantee of Outcomes: JBH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

c. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JASSER JABALLAH, JOURNEY BEYOND HORIZONS, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF BUSINESS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES, OR SUCH OTHER WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JBH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

d. Cap on Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR ENTIRE AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO JBH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (USD $100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

13. Indemnification

You agree to defend, indemnify, and hold harmless Jasser Jaballah, Journey Beyond Horizons, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to: (i) your User Content; (ii) your use of the Services’ content, services, and products other than as expressly authorized in this Agreement; (iii) your violation of any applicable law or the rights of a third party; or (iv) any other activities conducted under your Account. JBH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with JBH in asserting any available defenses.

14. Governing Law and Dispute Resolution

a. Governing Law: This Agreement, its interpretation, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive laws of the Republic of Tunisia, without giving effect to any principles of conflicts of law that would apply the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

b. Mandatory Informal Resolution: The parties agree that before initiating any formal legal proceeding, they will first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (a “Dispute“) through good-faith negotiations. The party intending to pursue a Dispute must first notify the other party in writing via email to legal@jbhprods.com (if to JBH) or the email associated with your Account (if to you). This notice must describe the nature and basis of the Dispute. The parties shall then engage in good-faith negotiations for a period of thirty (30) days from the date of receipt of the notice (“Informal Resolution Period“).

c. Binding Arbitration: IF THE DISPUTE IS NOT RESOLVED DURING THE INFORMAL RESOLUTION PERIOD, THEN THE DISPUTE SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION administered in accordance with the Tunisian Arbitration Code. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties or, failing such agreement, by the relevant Tunisian arbitration institution. The seat of arbitration shall be Tunis, Tunisia. The language of the arbitration shall be English or Arabic. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

d. Waiver of Class Actions and Jury Trial: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JBH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND JBH AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

e. Exceptions to Arbitration: Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction in Tunis, Tunisia to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15. Miscellaneous

a. Entire Agreement: This Agreement, together with the Privacy Policy and any other legal notices or agreements published by JBH on the Services, constitutes the sole and entire agreement between you and JBH regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

b. Severability: If any provision or part of a provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason by any court or arbitrator of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

c. No Waiver: No failure or delay by JBH to exercise any right or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude any other or further exercise thereof or the exercise of any other right or power under this Agreement.

d. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, epidemics, pandemics, or widespread internet outages.

e. Assignment: You may not assign, delegate, or transfer this Agreement or your rights or obligations hereunder, or your Account, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of this section will be null and void. We may freely assign, delegate, or transfer this Agreement, in whole or in part, without restriction, including to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

f. Notices: We may provide any notice to you under this Agreement by: (i) sending a message to the email address associated with your Account; or (ii) by posting to the Site or through the Services. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

g. Relationship of the Parties: The relationship between you and JBH is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties.

h. No Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

16. Contact Information

For any questions, comments, or complaints regarding this Terms of Service Agreement, or to provide any notices permitted hereunder, please contact us at:

Journey Beyond Horizons Productions (JBH PRODS)
Email: legal@jbhprods.com
Website: www.jbhprods.com

We will do our best to respond to all legitimate inquiries within a reasonable timeframe.