Johnni: Terms of Service (United States)
Version: 1.0 First published: October 30, 2026
This version takes effect: October 30, 2026 Last Updated: October 30, 2026
These Terms of Service ("Terms") form a binding agreement between you ("you," "your," "User") and Kanata Enterprises Inc., a British Columbia corporation (incorporation number BC1611078) that operates the Johnni platform ("Johnni," "we," "us," "our"), with its registered office at 200 - 100 Park Royal S, West Vancouver, BC V7T 1A2, Canada.
App store listings. Until the transfer of the apps to Kanata Enterprises Inc. is complete, some app store listings may show the previous publisher, In Spect Building Consultants Inc.
These Terms apply to you if you live in the United States, or if the home you use Johnni for is in the United States. People in Canada, and homes in Canada, are covered by our Canadian Terms at johnni.app/terms.
PLEASE READ SECTION 18 CAREFULLY. IT REQUIRES YOU AND JOHNNI TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS SECTION 18.7 EXPLAINS.
By downloading, installing, accessing, or using the Johnni or Johnni for Agents mobile application (the "App"), the website at johnni.app, the inspection company portal at johnni.app, or any related service (collectively, the "Services"), you agree to these Terms and acknowledge our Privacy Policy at johnni.app/us/privacy. If you do not agree, do not use the Services.
1. About Johnni
Johnni is a platform offering technology tools and information services for homeowners, real estate agents, home inspection companies, and related professionals. Our Services include AI-assisted photo analysis, repair price estimates, trade listings, booking requests to home inspection companies, digital inspection reports, the Johnni home assistant, home profiles, and home maintenance plans. Some Services are offered only in some countries or regions, and the App shows only the Services available for your home.
These Terms apply to both of our mobile applications: Johnni, for homeowners, and Johnni for Agents, for real estate agents, and to the related websites. "App" means either application. Each application accepts only the kind of account it is made for.
Inspection Companies. A home inspection company may use Johnni to offer it to its clients and to the agents it works with (an "Inspection Company"). An Inspection Company is an independent business. It is not the operator of Johnni, and Johnni is not the Inspection Company's agent or employer. The Inspection Company, not Johnni, decides the services and prices it offers, the trades it recommends, the discounts it shows, and whether to accept a booking.
Important distinction. The Services are informational technology services. Johnni does not perform home inspections. A home inspection is performed by an Inspection Company or an inspector under its own licence (where its state requires one), insurance, and a separate written inspection agreement between you and that Inspection Company. Use of the Services does not create a professional-client, fiduciary, or agency relationship between you and Johnni.
2. Acceptance of Terms
You accept these Terms by creating an account, by tapping "I Agree" or an equivalent button, or by using the Services after these Terms take effect. If you use the Services on behalf of a business, brokerage, Inspection Company or other organization, you represent that you have authority to bind that organization to these Terms.
3. Eligibility
You must be at least 18 years of age and the age of majority where you live to use the Services. By using the Services, you represent that you meet this requirement. If we learn that a person under 18 has registered an account, we will deactivate it.
You must not be located in, ordinarily resident in, or a national of any country subject to U.S. or Canadian trade sanctions or embargo, and you must not be on any list of restricted parties maintained by the U.S. or Canadian governments.
4. Your Account
To use most Services, you must register an account with a valid email address. You agree to provide accurate and complete information, keep your sign-in credentials confidential, notify us promptly at hi@johnni.app if you suspect unauthorized access, and be responsible for all activity under your account.
We may suspend or terminate accounts that violate these Terms, are inactive for extended periods, are used fraudulently, or otherwise pose a risk to other Users or the Services.
You may delete your account at any time in the App (Menu, Profile, Delete My Account) or by emailing hi@johnni.app. Deleting your account cancels a paid plan so that it does not renew. Deletion is subject to the retention provisions of our Privacy Policy.
5. General Service Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
The Services use artificial intelligence (AI), machine learning, and automated tools to generate analysis, suggestions, recommendations, estimates, and summaries.
AI errors. AI output is probabilistic. AI-generated content may contain fabricated, incorrect, incomplete, outdated, biased, or misleading information, including statements that appear authoritative but are not supported by the underlying data or by real-world conditions. AI is not a substitute for inspection, evaluation, or advice by a qualified person. You agree to verify AI output independently before relying on it for any decision.
Not an emergency service. The Services are not emergency services and must not be used as a substitute for one. In an emergency involving fire, smoke, a gas leak, a carbon-monoxide alarm, structural instability, flooding, sewage backup, an electrical hazard, criminal activity, or any other threat to health or safety, call 9-1-1 (or your local emergency number) and contact appropriate licensed professionals immediately. Do not wait for AI analysis, a booking, or any other Service response.
We do not warrant that the Services will be free of defects, viruses, or interruptions, or that defects will be corrected.
6. Service-Specific Terms
In addition to Section 5, the following terms apply to specific Services. Where more than one applies, all apply.
6.1 Photo Analysis
The App lets you upload photos of home components for analysis by our AI system, which attempts to identify potential issues, defects, or maintenance items and may suggest trade categories. You acknowledge that:
Photo analysis is not a home inspection and does not satisfy any legal, contractual, lending, or insurance requirement for an inspection.
The AI may misidentify, fail to identify, or incorrectly classify issues. False positives and false negatives are expected.
Results depend heavily on photo angle, lighting, and resolution, and the AI cannot detect issues outside the photo, behind surfaces, or in concealed systems.
You should not make purchase, sale, repair, or renovation decisions based solely on photo analysis.
6.2 Repair Price Estimates
The App provides estimated cost ranges for repairs. These estimates are algorithmic approximations derived from market data, historical averages, and AI inference. They are not produced by a contractor, estimator, or licensed professional, and they are not based on a physical assessment of your property. You acknowledge that:
Estimates are rough, illustrative approximations, not quotes, bids, offers, contracts, or representations of actual cost, and may be materially inaccurate in either direction.
Hidden or concealed conditions can drastically change actual cost. Actual costs vary with location, contractor availability, materials, scope, access, season, permits, and conditions discovered during the work.
Estimates are not suitable for budgeting, financing, insurance claims, real estate negotiation, purchase or sale decisions, or court evidence.
An estimate is not an offer to perform work by Johnni or anyone else. For any decision that depends on cost, obtain multiple independent written quotes from licensed contractors who have assessed the work at the property.
Johnni is not liable for any difference between an estimate and the price you pay, or for any decision made in reliance on an estimate.
6.3 Trades and Recommendations
The App may show trade businesses (plumbers, electricians, roofers, HVAC technicians, and others). These may be trades your Inspection Company recommends, trades shown as "Trusted by local inspectors" because other inspection companies in your area recommend them, and businesses found through public search results, which are labelled separately.
Not an endorsement by Johnni. Listings, their order, labels, and recommendations are informational. Johnni does not recommend or endorse any particular trade. A trade recommended by an Inspection Company is that Inspection Company's recommendation. Listings may include paid placements or commercial relationships, which are labelled where they apply.
You acknowledge that:
Trades are independent businesses, not employees, agents, partners, or affiliates of Johnni or of any Inspection Company, and Johnni is not a party to any contract between you and a trade.
Johnni does not check or confirm a trade's licence, insurance, bonding, or background, and does not supervise, employ, control, or guarantee any trade or its work. Ratings and reputation are other people's opinions at a point in time and can be wrong or out of date.
Any contract, payment, deposit, lien, warranty, dispute, or claim about work, materials, or statements by a trade is solely between you and that trade. Johnni is not liable for the quality, timeliness, cost, safety, lawfulness, code compliance, or outcome of a trade's work, or for any property damage, personal injury, or loss a trade causes.
Johnni does not guarantee any trade's availability, response time, pricing, coverage, or continued listing.
You are responsible for verifying the licensing, bonding, insurance, references, complaint history, and qualifications of any trade before you hire it, and for obtaining multiple independent written quotes. Check the trade's licence with your state or local contractor licensing board where one applies, ask for a current certificate of insurance from the insurer, and check complaint records such as the Better Business Bureau.
6.4 Booking Requests to an Inspection Company
The App may let you send a booking request for an inspection or a maintenance visit to your Inspection Company. You acknowledge that:
A booking request is a request for service, not a booking or a contract. A booking exists only when the Inspection Company confirms it, and the inspection is governed by the inspection agreement between you and the Inspection Company, which prevails over these Terms for any matter about the inspection.
The services, prices, estimates, availability, and dates shown are set by the Inspection Company and are estimates until it confirms them. Johnni does not set them and does not guarantee them.
Payment for an inspection is arranged between you and the Inspection Company. The App does not take payment for inspections.
Johnni is not responsible for the inspection, the inspector, the report, or anything the Inspection Company does or does not do. Any claim about an inspection is between you and the Inspection Company, under your inspection agreement.
An agent who sends a request for a client confirms that the agent has the client's permission to share the client's details and to request the service.
6.5 Appliance Age Finder
The Age Finder estimates an appliance's manufacture date from a photo of its data plate. Estimates are best-effort interpretations of serial-number patterns and may be wrong. An appliance's remaining useful life depends on use, maintenance, environment and installation, which the Age Finder cannot assess.
6.6 Inspection Reports
The App may display inspection reports prepared by an Inspection Company and sent to you through Johnni, or reports you upload. A report is governed by the inspection agreement under which it was prepared. Nothing in the App alters, replaces, or supplements the report itself. Johnni provides a display surface and summaries; it is not the author of a report and is not responsible for its contents. Summaries, findings lists, home details, and estimates that Johnni derives from a report are AI-assisted and may differ from the report; the report itself is the record.
6.7 Johnni Home Assistant (Chat and Voice)
Johnni is an AI assistant that answers questions about a home using your Home Profile, your inspection report, and general home-maintenance knowledge. You acknowledge that:
Johnni's answers are generated by AI and may be wrong, incomplete, or out of date, including about the age, condition, remaining life, safety, or cost of any part of a home.
Johnni has not seen your home. It works from records and from what you tell it, and does not know about changes that are not in its records.
Johnni does not diagnose defects, confirm that something is safe, or replace an inspection, a repair estimate, or advice from a licensed professional. Before acting on an answer that affects safety, cost, or a purchase or sale, confirm it with a qualified professional.
When you speak to Johnni, the microphone also picks up other voices and sounds near your device, which may be transcribed and answered as if they were your words. Use Mute or End to stop listening.
Johnni can open screens in the App when you ask. It does not book, buy, send a message, or contact a trade on your behalf without a separate confirmation from you.
You can report an answer you believe is wrong, unsafe, or offensive with "Report this answer". We review reports and are not obliged to respond to each one.
The first time you sign in we ask for your permission to share what you send with our AI providers. Without it, Johnni's answers, tasks, tools, and photo checks are not available; your inspection report, your profile, and account deletion are.
6.8 Home Profile and Maintenance Plan
The Home Profile is a record of your home's components, built from your inspection report, from photos and details you add, and from general information about similar homes. The Maintenance Plan suggests tasks based on that record. You acknowledge that:
The Home Profile may contain errors or be incomplete. You are responsible for checking and correcting details that matter to you.
Suggested tasks and their timing are general guidance, not a complete list of the maintenance your home needs. A task not being listed does not mean it is not needed.
Marking a task as done, or a photo check returning a good result, is a record for your own use, not confirmation by Johnni that work was done correctly or that a component is in good condition.
You are responsible for maintaining your home and following manufacturers' instructions, your homeowners' association's rules, and applicable codes. Do not attempt work you are not qualified to do safely.
If you transfer a home to a new owner, the new owner receives the whole home's record, including every service event and photo check with the notes and photos you attached. You confirm that you are entitled to share what is in the record.
6.9 Discounts and Offers
The App may show discounts and offers from your Inspection Company or from other businesses ("Offer Providers"). An offer is made by the Offer Provider, which sets its terms, eligibility, price, and availability and may change or withdraw it at any time. Any purchase is between you and the Offer Provider; Johnni is not a party to it and is not responsible for the Offer Provider's products, services, or conduct. When you open an offer, you leave the App, and the Offer Provider's own terms and privacy policy apply.
6.10 Connecting to an Inspection Company
You can connect to an Inspection Company with a code, link, or QR code, and disconnect at any time in the App. While you are connected, the App shows that Inspection Company's name, logo, services, trades and discounts, and the Inspection Company can see the information our Privacy Policy describes. A homeowner is connected to one Inspection Company at a time; an agent may be connected to several and chooses which one the App shows. Entering wrong codes repeatedly may temporarily lock code entry.
7. No Professional Advice, No Reliance, No Fiduciary Relationship
No professional advice. Nothing in the Services is real estate, legal, engineering, structural, building-code, insurance, financial, lending, appraisal, medical, environmental, pest-control, or other regulated professional advice. Consult appropriately licensed professionals before making decisions that affect your legal rights, finances, health, or safety.
Verify before you rely. Services output is information to help you decide; it is not a substitute for your own judgment or a qualified professional. Before relying on it for a decision that affects safety, a significant cost, or the purchase or sale of a property, verify it with a qualified professional. To the extent the law permits, Johnni is not responsible for loss that results from relying on Services output without doing so.
No fiduciary or agency relationship. Use of the Services does not create a fiduciary, agency, partnership, joint-venture, employment, advisor-client, or trust relationship between you and Johnni.
No real estate transaction warranty. The Services are not a substitute for due diligence in a real estate transaction. Johnni makes no representation or warranty about any property, listing, transaction, counterparty, agent, brokerage, lender, homeowners' association, Inspection Company, or contractor. Nothing in the Services is a recommendation to buy, sell, lease, finance, or insure any property.
8. User Content
"User Content" means any photo, video, document, text, audio, location, contact information, or other content you submit through the Services.
Ownership. You retain ownership of your User Content.
Licence to Johnni. You grant Johnni a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) licence to host, store, process, copy, transmit, display, and analyze your User Content as needed to provide, operate, secure, and improve the Services, to create de-identified aggregate statistics, and to comply with law. This licence does not permit us to use your identifiable content, including raw reports, photos, or conversations, to train an AI model without your specific written consent.
Your representations. You represent that you own your User Content or have all rights and consents needed to submit it, and that it does not violate any law, contract, court order, or third-party right, including privacy, publicity, and intellectual-property rights. If you submit another person's information, such as a client's details or an inspection report, you confirm that you have that person's permission.
Removal. We may remove, refuse to host, or restrict access to any User Content that we reasonably believe violates these Terms or the law.
9. Acceptable Use
9.1 Prohibited Uses
You agree not to:
Use the Services for any unlawful, fraudulent, harmful, harassing, deceptive, threatening, or hateful purpose;
Use the Services to discriminate in violation of the federal Fair Housing Act, state or local fair housing or civil rights laws, or similar law;
Reverse-engineer, decompile, scrape, or extract code, models, prompts, or data from the Services, except as the law expressly permits;
Use bots, scrapers, AI agents, or other automated means to access or collect data from the Services, other than general search engines that follow our robots.txt rules on public pages;
Use content or data from the Services to train, fine-tune, evaluate, or improve any AI or machine-learning model, or to build a dataset or a competing product, without our written consent;
Interfere with, overload, or attempt unauthorized access to the Services or any account, or get around rate limits, sign-in, code-entry limits, or other technical protections;
Misrepresent your identity, role (for example, as an inspector, agent, Inspection Company, or brokerage), or affiliation, or use another person's code to connect to an Inspection Company without permission;
Resell, sublicense, or commercially exploit the Services without our written consent; or
Use the Services to send unsolicited messages, or to collect another person's contact information for that purpose.
9.2 Prohibited User Content
You must not submit User Content that is illegal; defamatory, obscene, sexually explicit, hateful, or violent; that depicts or sexualizes minors; that harasses or threatens anyone; that infringes intellectual-property rights; that discloses another person's confidential, personal, financial, or medical information without authorization (for example, photos of the inside of a home you have no permission to photograph); that contains malicious code; or that misrepresents a property, an inspection, or a person.
9.3 Moderation and Reporting
We may review, remove, label, or restrict any User Content we reasonably believe violates these Terms or the law, suspend or terminate the responsible account, and report illegal content to law enforcement. To report content, email hi@johnni.app with the subject "Content Report", identifying the content and the reason. We aim to respond within 5 business days.
9.4 Copyright (DMCA)
We respect intellectual-property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a notice, send it to our designated agent: Copyright Agent, Johnni, at the postal address in the Contact section, or by email to hi@johnni.app with the subject "DMCA Notice". The notice must include:
Your physical or electronic signature;
Identification of the copyrighted work you claim has been infringed;
Identification of the material you claim is infringing and its location in the Services (URL or in-App path);
Your name, postal address, telephone number, and email address;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
If we remove material in response to a notice, we will try to notify the User who posted it. That User may send a counter-notice to the same address containing the information 17 U.S.C. § 512(g)(3) requires. We may restore the material between 10 and 14 business days after receiving a valid counter-notice unless the person who sent the notice tells us that it has filed a court action. We terminate, in appropriate circumstances, the accounts of repeat infringers. A person who knowingly misrepresents that material is infringing, or was removed by mistake, may be liable for damages.
10. Third-Party Services and Links
The Services work with or link to third-party services, including Apple, Google, OpenAI, Anthropic, Inspection Companies, trades, and Offer Providers. Your use of those services is governed by their own terms and privacy policies, and Johnni is not responsible for them. When you share content with someone, Johnni is not responsible for what that person does with it.
11. Inspection Companies, Referring Agents, and Other Distributors
The Services may be shared, recommended, distributed, or co-branded by Inspection Companies, inspectors, real estate agents, brokerages, and others ("Referring Parties"). A Referring Party may appear in the App as the company or person who shared the App with you, may have its branding displayed in your account, or may have given you a code, link, or QR code.
You acknowledge and agree that:
Referring Parties are not the developers, operators, or providers of the Services, which are operated solely by Johnni.
Referring Parties do not control the operation, AI models, outputs, estimates, trade listings that are not their own recommendations, availability, accuracy, or security of the Services.
Referring Parties are not responsible for any AI-generated output or other Service output, for any technical issue, outage, data loss, or security incident affecting the Services, or for any decision you make based on the Services, except for their own reports, recommendations, and services performed in their own name.
Using the Services does not create a partnership, agency, fiduciary, employment, or professional relationship between you and a Referring Party.
Limitation of Referring Party liability. To the maximum extent permitted by law, no Referring Party has any liability arising from the Services themselves or from Service output it did not author. Each Referring Party is an intended third-party beneficiary of this Section and Section 14 and may enforce them directly.
Your own direct relationship. Nothing in this Section affects a contract you have directly with a Referring Party for services it performs in its own name, such as an inspection agreement with an Inspection Company or a buyer representation agreement with an agent. Those relationships are governed by their own agreements.
12. Fees, Plans, and Allowances
12.1 Johnni. Johnni is free for homeowners. Inspections and other in-person services requested through the App are provided and priced by the Inspection Company, and paid to it directly, under its own terms.
12.2 Johnni for Agents. A free agent account includes a monthly allowance of uses for each tool, shown in the App under Profile. Allowances start again each calendar month, and unused uses do not carry over. We may change allowances on notice in the App.
12.3 Agent plans. Paid plans for agents are sold on our website, not in the App. The price (in U.S. dollars for Users in the United States), billing period, and what the plan includes are shown before you pay. A plan renews automatically at the end of each billing period, and you authorize us to charge your payment method for each renewal, until you cancel. You can cancel at any time in the App under Profile, on the website, or by writing to hi@johnni.app; cancellation takes effect at the end of the period already paid for, and you will not be charged again. Where state law requires it, we send a reminder before a renewal.
12.4 Usage limits. To protect the Services, we apply daily and monthly limits to some tools for all accounts. When a limit is reached, the tool is unavailable until the limit resets.
12.5 Taxes and payment. Fees are payable through the payment processor shown at checkout. You are responsible for applicable taxes.
12.6 Refunds. Refunds, where available, are governed by the policy for the Service in question. AI-generated outputs are generally non-refundable once delivered. Nothing in these Terms limits rights you have under consumer protection law that cannot be waived.
13. Intellectual Property
The Services, including all software, designs, text, graphics, logos, AI models, datasets, trademarks, and the "Johnni" brand, are owned by Kanata Enterprises Inc. or its licensors and are protected by U.S., Canadian, and international intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the App and the Services for their intended purpose. Nothing in these Terms transfers any other right to you.
"Johnni", the Johnni logo, and related marks are trademarks of Kanata Enterprises Inc. or its licensors. An Inspection Company's name and logo belong to that Inspection Company.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) No indirect damages. IN NO EVENT WILL KANATA ENTERPRISES INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Liability cap. KANATA ENTERPRISES INC.'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS (US $100), OR (ii) THE TOTAL AMOUNT YOU PAID JOHNNI FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.
(c) Excluded risks. Johnni is not liable for any decision you make, or do not make, based on AI output, repair estimates, trade listings, or reports; for the acts, omissions, work, advice, or statements of any third party, including Inspection Companies, inspectors, trades, Offer Providers, and Referring Parties; for loss caused by events beyond our reasonable control (including natural disasters, pandemics, government actions, network outages, and third-party service outages); or for loss caused by your breach of these Terms.
(d) Some jurisdictions. Some states do not allow the exclusion or limitation of certain warranties or of liability for certain damages, such as personal injury caused by negligence, gross negligence, fraud, or willful misconduct. Where such a law applies to you, the disclaimers and limitations in these Terms apply only to the extent that law permits, and the rest of these Terms stays in effect. New Jersey residents: the provisions of Sections 5, 14, and 15 apply only to the extent permitted by New Jersey law.
(e) Allocation of risk. The Services are offered free or at low cost in reliance on these limitations, which allocate risk between you and Johnni.
15. Indemnification
You agree to indemnify Johnni and its directors, officers, employees, and contractors against claims by third parties, and the reasonable costs of responding to them, to the extent those claims arise from User Content you submitted without the right to do so, your infringement of another person's rights, your unlawful use of the Services, or your material breach of these Terms. This Section does not apply to the extent a claim results from our own negligence, breach, or willful misconduct, and it does not limit rights you have under consumer protection law that cannot be waived. If a claim is made, we will tell you promptly. We may take over the defense at our own expense, in which case you agree to cooperate.
16. Termination and Suspension
We may suspend or terminate your access to the Services if we reasonably believe you have breached these Terms, posed a risk to other Users or our systems, or used the Services in a way that exposes us to legal liability. You may stop using the Services at any time. Sections 5, 7, 8, 11, 12.6, 13, 14, 15, 16, 18, and 21 survive termination.
17. Changes to the Terms
We may update these Terms from time to time. We will tell you about material changes through the App, by email, or on johnni.app at least 14 days before they take effect. Continued use of the Services after the effective date of an updated version is acceptance of it. If you do not agree, stop using the Services before that date. A change to Section 18 does not apply to a dispute of which we had notice before the change took effect.
18. Dispute Resolution, Binding Arbitration, and Class Action Waiver
18.1 Informal resolution first
Before starting arbitration or a court action, you and Johnni each agree to send the other a written notice describing the dispute and the relief requested (to Johnni at hi@johnni.app and the postal address in the Contact section; to you at the email address on your account) and to try in good faith to resolve it for at least 60 days. During that period either party may ask for a call or video meeting, and the other will take part.
18.2 Agreement to arbitrate
Except as Section 18.4 provides, any dispute, claim, or controversy between you and Johnni arising out of or relating to these Terms or the Services, including whether a dispute is arbitrable, will be resolved by binding individual arbitration, not in court. This agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 and following).
18.3 How arbitration works
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by this Section, before a single arbitrator. The arbitration will take place in the county where you live, or by video or written submissions if you prefer. For claims of US $10,000 or less, you may choose whether the arbitration is decided on written submissions only, by telephone or video, or in person. Johnni will pay all AAA filing, administration, and arbitrator fees for any arbitration you start, other than the portion of the filing fee that the AAA rules assign to the consumer, which is never more than the court filing fee you would have paid. The arbitrator may award the same individual relief a court could award, and must follow these Terms and apply the law. The arbitrator's decision is final and may be entered in any court with jurisdiction.
18.4 Exceptions
Either party may bring an individual claim in small claims court if it qualifies and stays there. Either party may ask a court for an injunction to stop infringement or misuse of its intellectual property. Nothing in this Section prevents you from bringing an issue to the attention of a government agency.
18.5 Class action and jury trial waiver
YOU AND JOHNNI EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims and may award relief only to the individual party seeking it and only to the extent needed for that party's individual claim. YOU AND JOHNNI EACH WAIVE ANY RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to a claim, that claim (and only that claim) will be decided by a court under Section 18.8, after any individual arbitration is finished.
18.6 Mass filings
If 25 or more similar demands for arbitration are filed against Johnni by or with the help of the same law firm or organization within 90 days, the demands will be administered in batches of up to 25 under the AAA's mass arbitration procedures, with one arbitrator per batch, and the statute of limitations is paused for demands waiting in a later batch.
18.7 Your right to opt out
You may opt out of this agreement to arbitrate by emailing hi@johnni.app, with the subject "Arbitration Opt-Out", from the email address on your account, within 30 days after you first accept these Terms. Your notice must state your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms or any earlier arbitration agreement.
18.8 Governing law and courts
These Terms are governed by the laws of the State of Washington and applicable U.S. federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 18, and except that nothing in this choice of law deprives you of the protection of a consumer protection law of your state of residence that cannot be waived by agreement. For any dispute not subject to arbitration, you and Johnni agree to the exclusive jurisdiction of the state and federal courts located in King County, Washington, unless the law of your state of residence gives you the right to bring the claim in a court where you live.
18.9 Time limit
To the extent the law permits, any claim must be brought within one year after it arises, or it is permanently barred.
19. Apple App Store Terms (if you obtained the App through Apple)
If you obtained the App through Apple's App Store, the following additional terms apply between you and Johnni. These Terms are concluded between you and Johnni only, and not with Apple Inc. Johnni, not Apple, is solely responsible for the App and its content.
Scope of licence. The licence granted to you for the App is a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support. Johnni is solely responsible for maintenance and support of the App. Apple has no obligation to provide any.
Warranty. Johnni is solely responsible for any product warranties, express or implied by law, that are not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the App's purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
Product claims. Johnni, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy, or similar law.
Intellectual property. If a third party claims that the App or your use of it infringes its intellectual-property rights, Johnni, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
Legal compliance. You represent 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.
Third-party terms. You must comply with applicable third-party terms, such as your wireless data agreement, when using the App.
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.
20. Google Play Terms (if you obtained the App through Google Play)
If you obtained the App through Google Play, your installation and use of the App are also governed by the Google Play Terms of Service. For matters specific to Google Play distribution, the Google Play Terms of Service prevail to the extent of any inconsistency.
21. General
Entire agreement. These Terms and our Privacy Policy, together with any other policy referenced in the Services, are the entire agreement between you and Johnni about the Services. An inspection agreement with an Inspection Company is a separate agreement between you and that Inspection Company.
Severability. If any provision is held unenforceable, the rest remains in effect, except as Section 18.5 provides.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
Notices. Notices to you may be given by email, in-App message, or posting in the Services. Notices to us must be sent to Kanata Enterprises Inc., 200 - 100 Park Royal S, West Vancouver, BC V7T 1A2, Canada, Attn: Legal, with a copy to hi@johnni.app.
Electronic communications. You consent to receive communications, notices, agreements, disclosures, and records from Johnni electronically, including by email, in-App message, and push notification, and you agree that they satisfy any legal requirement that they be in writing, as the Electronic Signatures in Global and National Commerce Act (E-SIGN) and state law allow. You may withdraw this consent by deleting your account; to get a paper copy of a notice, write to hi@johnni.app. You need a device that can run the App or a web browser, and an email account, to receive electronic records. This Section is about how we deliver notices and records; it is not consent to promotional messages or text messages, which we send only as our Privacy Policy describes.
Export. You may not use or export the App in violation of U.S. export laws or regulations.
California users. Under California Civil Code § 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Contact
Questions, complaints, or notices under these Terms:
Kanata Enterprises Inc. (operator of Johnni) 200 - 100 Park Royal S West Vancouver, BC V7T 1A2 Canada
Email: hi@johnni.app