Terms and Conditions
Last updated: May 25, 2020
Please read these terms and conditions carefully before
using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have
meanings defined under the
following conditions.
The following definitions shall have the same meaning
regardless of whether they appear in
singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application
means the software program provided by the Company
downloaded by
You on any electronic device, named Basic Essential
Software Tools
Application Store
means the digital distribution service operated and
developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the
Application has been downloaded.
Affiliate
means an entity that controls, is controlled by or is
under common control
with a party, where "control" means ownership of 50% or
more of the shares, equity
interest or other securities entitled to vote for election
of directors or other
managing authority.
Account
means a unique account created for You to access our
Service or parts of
our Service.
Company
(referred to as either "the Company", "We", "Us" or
"Our" in this
Agreement) refers to JEMs Software, 216 Diefenbaker
Dr.
Content
refers to content such as text, images, or other
information that can be
posted, uploaded, linked to or otherwise made available by
You, regardless of the
form of that content.
Country
refers to: Alberta, Canada
Device
means any device that can access the Service such as a
computer, a
cellphone or a digital tablet.
Feedback
means feedback, innovations or suggestions sent by You
regarding the
attributes, performance or features of our Service.
Service
refers to the Application.
Subscriptions
refer to the services or access to the Service offered
on a
subscription basis by the Company to You.
Free Trial
refers to a limited period of time that may be free when
purchasing a
Subscription.
Terms and Conditions
(also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and
the Company regarding
the use of the Service.
Third-party Social Media Service
means any services or content (including data,
information, products or services) provided by a
third-party that may be displayed,
included or made available by the Service.
You
means the individual accessing or using the Service, or
the company, or other
legal entity on behalf of which such individual is
accessing or using the Service, as
applicable.
Acknowledgement
These are the Terms and Conditions governing the use of
this Service and the agreement
that operates between You and the Company. These Terms and
Conditions set out the rights
and obligations of all users regarding the use of the
Service.
Your access to and use of the Service is conditioned on
Your acceptance of and compliance
with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service You agree to be bound by
these Terms and Conditions. If
You disagree with any part of these Terms and Conditions
then You may not access the
Service.
You represent that you are over the age of 18. The Company
does not permit those under 18
to use the Service.
Your access to and use of the Service is also conditioned
on Your acceptance of and
compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our
policies and procedures on the collection, use and
disclosure of Your personal information
when You use the Application or the Website and tells You
about Your privacy rights and
how the law protects You. Please read Our Privacy Policy
carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available
only with a paid Subscription. You
will be billed in advance on a recurring and periodic
basis (such as daily, weekly, monthly or
annually), depending on the type of Subscription plan you
select when purchasing the
Subscription.
At the end of each period, Your Subscription will
automatically renew under the exact same
conditions unless You cancel it or the Company cancels
it.
Subscription cancellations
You may cancel Your Subscription renewal either through
Your Account settings page or by
contacting the Company. You will not receive a refund for
the fees You already paid for Your
current Subscription period and You will be able to access
the Service until the end of Your
current Subscription period.
Billing
You shall provide the Company with accurate and complete
billing information including
full name, address, state, zip code, telephone number, and
a valid payment method
information.
Should automatic billing fail to occur for any reason, the
Company will issue an electronic
invoice indicating that you must proceed manually, within
a certain deadline date, with the
full payment corresponding to the billing period as
indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may
modify the Subscription fees. Any
Subscription fee change will become effective at the end
of the then-current Subscription
period.
The Company will provide You with reasonable prior notice
of any change in Subscription
fees to give You an opportunity to terminate Your
Subscription before such change becomes
effective.
Your continued use of the Service after the Subscription
fee change comes into effect
constitutes Your agreement to pay the modified
Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are
non-refundable.
Certain refund requests for Subscriptions may be
considered by the Company on a case-by-
case basis and granted at the sole discretion of the
Company.
Free Trial
The Company may, at its sole discretion, offer a
Subscription with a Free trial for a limited
period of time.
You may be required to enter Your billing information in
order to sign up for the Free trial.
If You do enter Your billing information when signing up
for a Free Trial, You will not be
charged by the Company until the Free trial has expired.
On the last day of the Free Trial
period, unless You cancelled Your Subscription, You will
be automatically charged the
applicable Subscription fees for the type of Subscription
You have selected.
At any time and without notice, the Company reserves the
right to (i) modify the terms and
conditions of the Free Trial offer, or (ii) cancel such
Free trial offer.
User Accounts
When You create an account with Us, You must provide Us
information that is accurate,
complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which
may result in immediate termination of Your account on Our
Service.
You are responsible for safeguarding the password that You
use to access the Service and
for any activities or actions under Your password, whether
Your password is with Our
Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third
party. You must notify Us immediately
upon becoming aware of any breach of security or
unauthorized use of Your account.
You may not use as a username the name of another person
or entity or that is not lawfully
available for use, a name or trademark that is subject to
any rights of another person or
entity other than You without appropriate authorization,
or a name that is otherwise
offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are
responsible for the Content that You post to
the Service, including its legality, reliability, and
appropriateness.
By posting Content to the Service, You grant Us the right
and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such
Content on and through the
Service. You retain any and all of Your rights to any
Content You submit, post or display on
or through the Service and You are responsible for
protecting those rights. You agree that
this license includes the right for Us to make Your
Content available to other users of the
Service, who may also use Your Content subject to these
Terms.
You represent and warrant that: (i) the Content is Yours
(You own it) or You have the right
to use it and grant Us the rights and license as provided
in these Terms, and (ii) the posting
of Your Content on or through the Service does not violate
the privacy rights, publicity
rights, copyrights, contract rights or any other rights of
any person.
Content Restrictions
The Company is not responsible for the content of the
Service's users. You expressly
understand and agree that You are solely responsible for
the Content and for all activity that
occurs under your account, whether done so by You or any
third person using Your account.
You may not transmit any Content that is unlawful,
offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such
objectionable Content include, but are not limited to, the
following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content,
including references or
commentary about religion, race, sexual orientation,
gender, national/ethnic origin, or
other targeted groups.
Spam, machine – or randomly – generated, constituting
unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized
solicitation, or any form of
lottery or gambling.
Containing or installing any viruses, worms, malware,
trojan horses, or other content
that is designed or intended to disrupt, damage, or limit
the functioning of any software,
hardware or telecommunications equipment or to damage or
obtain unauthorized
access to any data or other information of a third
person.
Infringing on any proprietary rights of any party,
including patent, trademark, trade
secret, copyright, right of publicity or other
rights.
Impersonating any person or entity including the
Company and its employees or
representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation,
to, in its sole discretion, determine
whether or not any Content is appropriate and complies
with this Terms, refuse or remove
this Content. The Company further reserves the right to
make formatting and edits and
change the manner any Content. The Company can also limit
or revoke the use of the
Service if You post such objectionable Content. As the
Company cannot control all content
posted by users and/or third parties on the Service, you
agree to use the Service at your
own risk. You understand that by using the Service You may
be exposed to content that You
may find offensive, indecent, incorrect or objectionable,
and You agree that under no
circumstances will the Company be liable in any way for
any content, including any errors
or omissions in any content, or any loss or damage of any
kind incurred as a result of your
use of any content.
Content Backups
Although regular backups of Content are performed, the
Company do not guarantee there
will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without
limitation, Content that is
corrupted prior to being backed up or that changes during
the time a backup is performed.
The Company will provide support and attempt to
troubleshoot any known or discovered
issues that may affect the backups of Content. But You
acknowledge that the Company has
no liability related to the integrity of Content or the
failure to successfully restore Content
to a usable state.
You agree to maintain a complete and accurate copy of any
Content in a location
independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It
is Our policy to respond to any claim
that Content posted on the Service infringes a copyright
or other intellectual property
infringement of any person.
If You are a copyright owner, or authorized on behalf of
one, and You believe that the
copyrighted work has been copied in a way that constitutes
copyright infringement that is
taking place through the Service, You must submit Your
notice in writing to the attention of
our copyright agent via email at admin@jemsdevelopment.com
and include in Your notice a
detailed description of the alleged infringement.
You may be held accountable for damages (including costs
and attorneys' fees) for
misrepresenting that any Content is infringing Your
copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement
Claims
You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following
information in writing (see 17 U.S.C
512(c)(3) for further detail):
An electronic or physical signature of the person
authorized to act on behalf of the
owner of the copyright's interest.
A description of the copyrighted work that You claim
has been infringed, including the
URL (i.e., web page address) of the location where the
copyrighted work exists or a copy
of the copyrighted work.
Identification of the URL or other specific location
on the Service where the material
that You claim is infringing is located.
Your address, telephone number, and email
address.
A statement by You that You have a good faith belief
that the disputed use is not
authorized by the copyright owner, its agent, or the
law.
A statement by You, made under penalty of perjury,
that the above information in Your
notice is accurate and that You are the copyright owner or
authorized to act on the
copyright owner's behalf.
You can contact our copyright agent via email at
admin@jemsdevelopment.com. Upon
receipt of a notification, the Company will take whatever
action, in its sole discretion, it
deems appropriate, including removal of the challenged
content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback
You provide the Company. If for any
reason such assignment is ineffective, You agree to grant
the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and
licence to use, reproduce, disclose,
sub-licence, distribute, modify and exploit such Feedback
without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or
services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no
responsibility for, the content, privacy
policies, or practices of any third party web sites or
services. You further acknowledge and
agree that the Company shall not be responsible or liable,
directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with the use of or
reliance on any such content, goods or services available
on or through any such web sites
or services.
We strongly advise You to read the terms and conditions
and privacy policies of any third-
party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately,
without prior notice or liability,
for any reason whatsoever, including without limitation if
You breach these Terms and
Conditions.
Upon termination, Your right to use the Service will cease
immediately. If You wish to
terminate Your Account, You may simply discontinue using
the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the
entire liability of the Company and
any of its suppliers under any provision of this Terms and
Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid
by You through the Service or 100
USD if You haven't purchased anything through the
Service.
To the maximum extent permitted by applicable law, in no
event shall the Company or its
suppliers be liable for any special, incidental, indirect,
or consequential damages
whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other
information, for business interruption, for personal
injury, loss of privacy arising out of or
in any way related to the use of or inability to use the
Service, third-party software and/or
third-party hardware used with the Service, or otherwise
in connection with any provision
of this Terms), even if the Company or any supplier has
been advised of the possibility of
such damages and even if the remedy fails of its essential
purpose.
Some states do not allow the exclusion of implied
warranties or limitation of liability for
incidental or consequential damages, which means that some
of the above limitations may
not apply. In these states, each party's liability will be
limited to the greatest extent
permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE"
and with all faults and defects
without warranty of any kind. To the maximum extent
permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates
and its and their respective
licensors and service providers, expressly disclaims all
warranties, whether express,
implied, statutory or otherwise, with respect to the
Service, including all implied warranties
of merchantability, fitness for a particular purpose,
title and non-infringement, and
warranties that may arise out of course of dealing, course
of performance, usage or trade
practice. Without limitation to the foregoing, the Company
provides no warranty or
undertaking, and makes no representation of any kind that
the Service will meet Your
requirements, achieve any intended results, be compatible
or work with any other software,
applications, systems or services, operate without
interruption, meet any performance or
reliability standards or be error free or that any errors
or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor
any of the company's provider
makes any representation or warranty of any kind, express
or implied: (i) as to the
operation or availability of the Service, or the
information, content, and materials or
products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as
to the accuracy, reliability, or currency of any
information or content provided through the
Service; or (iv) that the Service, its servers, the
content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of certain
types of warranties or limitations
on applicable statutory rights of a consumer, so some or
all of the above exclusions and
limitations may not apply to You. But in such a case the
exclusions and limitations set forth
in this section shall be applied to the greatest extent
enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law
rules, shall govern this Terms and
Your use of the Service. Your use of the Application may
also be subject to other local, state,
national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You
agree to first try to resolve the
dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit
from any mandatory provisions of
the law of the country in which you are resident in.
United States Federal Government End
Use Provisions
If You are a U.S. federal government end user, our Service
is a "Commercial Item" as that
term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in
a country that is subject to the
United States government embargo, or that has been
designated by the United States
government as a "terrorist supporting" country, and (ii)
You are not listed on any United
States government list of prohibited or restricted
parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be
unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of
such provision to the greatest
extent possible under applicable law and the remaining
provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right
or to require performance of an
obligation under this Terms shall not effect a party's
ability to exercise such right or require
such performance at any time thereafter nor shall be the
waiver of a breach constitute a
waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We
have made them available to
You on our Service. You agree that the original English
text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or
replace these Terms at any time. If
a revision is material We will make reasonable efforts to
provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a
material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after those
revisions become effective, You agree
to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and
Conditions, You can contact us:
By email: admin@jemsdevelopment.com
By phone number: +17808817659