TERMS OF SERVICE
This Privacy Statement is effective as of 26 September 2020.
made by JTEK INFRA LTD – Registered in England & Wales with Company Number 12015125. Thanks for inquiring about our interfaces and the related data, code, and other plans and materials provided by JTEK, collectively referred to as “Materials”. Also, collectively, we refer to the terms below, any additional terms, terms within any accompanying documentation, and any applicable policies and guidelines as the "Terms." By using the Materials, you agree to the Terms with JTEK INFRA LTD (“JTEK”). If you disagree with any of these Terms, JTEK does not grant you a license to use the JTEK Materials.
a. Accepting the Terms. You may not use the JTEK Materials and may not accept the Terms if: (a) you are not of legal age to form a binding contract with JTEK, and/or (b) you are a person barred from using or receiving the JTEK Materials under the applicable laws of the United Kingdom or other countries, including the country in which you are resident, or from which you use the JTEK Materials.
b. Corporate Use. If you are accepting the Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to the Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party that you represent, to the Terms. If you don’t have the legal authority to bind your employer or the applicable entity, please do not use the JTEK Materials.
c. Contact Information. In order to access the JTEK Materials, you may be required to provide identification information (e.g. contact details). This information must be up to date and accurate at all times.
d. JTEK uses 3rd party applications to store contact information. Should you wish your contact details removed from our databases, please email email@example.com with the subject header UNSUBSCRIBE.
2. Your Use of JTEK Materials.
a. License. Subject to the terms and conditions of these Terms, JTEK grants You a worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the JTEK Materials in accordance with the terms and conditions set forth herein. All rights not expressly granted to you are reserved by JTEK.
b. End Users. You agree that you will ensure that your End Users comply with all associated terms and conditions of these Terms.
d. User Content. JTEK user photos, text and videos ("User Content") are owned by the users and not by JTEK. Subject to the terms and conditions of these Terms, JTEK grants You a non-exclusive, non-transferable, non-sublicensable, and revocable license to copy and display the User Content using the JTEK Materials through your application, website, or service to end users. You may not modify the User Content except to format it for such display. You will comply with any requirements or restrictions imposed on usage of User Content by their respective owners, which may include "all rights reserved" notices, Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners.
e. Removals. You must comply with notices or requests from us to remove content pursuant to any policy that JTEK may see fit in its sole discretion to put in place at a later stage, so long as you are duly informed of the existence of such Content Policy.
g. Compliance with Law. You will comply with all applicable laws or regulations (including, without limitation, laws regarding the import or export of data, or software, privacy, and local laws).
h. Permitted Access. You will only access (or attempt to access) JTEK Materials in the manner intended by us. Should you have questions regarding this, please contact firstname.lastname@example.org for clarifications.
i. Materials Limitations. JTEK may set and enforce limits on your use of the JTEK Materials (e.g. limiting the number of MATERIALS requests that you may make.
j. Libraries, Wrappers and Extensions. There are some great libraries, wrappers, and extensions that help bring JTEK to our users, but if created, you need to comply with any limitations or restrictions JTEK imposes.
3. Fees; Restrictions on Use.
a. Fees. JTEK reserves the right to charge fees for future use or access to the JTEK Materials, rates to be determined in JTEK’s sole discretion, and to be informed to you in advance.
b. Restrictions. You must not, and must not allow those acting on your behalf to:
i. use the JTEK Materials to encourage or promote illegal activity or violation of third party rights.
ii. reverse engineer, decompile, disassemble or translate the JTEK Materials or otherwise derive the source code from any JTEK MATERIALS or any part thereof, except to the extent that this restriction is expressly prohibited by applicable law.
iii. circumvent or exceed limitations on calls and use of the JTEK Materials as outlined in the Materials Documentation (available upon request), or otherwise use the JTEK Materials in a manner that would constitute excessive or abusive usage or would disrupt or unreasonably interfere with the JTEK Materials or the servers or networks that provide the JTEK Materials. If JTEK believes that you are in breach of this section, JTEK reserves the right to permanently block your access to the JTEK Materials.
iv. interfere with, modify, disrupt or disable features or functionality of the JTEK Materials, including but not limited to, any mechanism used to restrict or control functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanism of the JTEK Materials.
v. use the JTEK Materials with the intent of introducing any viruses, worms, defects, Trojan horses, malware or any other items of a destructive nature.
vi. sell, lease or sublicense the JTEK Materials or access thereto or derive revenues from the use or provision of the JTEK Materials, whether for direct commercial or monetary gain unless there is express written approval from JTEK.
vii. use the JTEK Materials to spam, incentivize, or harass users.
c. Widget Restrictions. JTEK may provide one or more widgets for use with the JTEK Materials (the “JTEK Widgets”), including JTEK Widgets to embed certain User Content on a website or webpage controlled by you. In addition to the foregoing restrictions, You acknowledge and agree that you will display the JTEK Widgets as made available to you, unaltered, unobfuscated, and in accordance with any accompanying documentation.
4. Trademarks; Attribution; Publicity.
a. Use of JTEK Trademarks. You are not permitted to use the JTEK Trademarks in, or as part of the name of your application, or any logos used to promote or identify your application, unless expressly authorized in writing by JTEK or in these Terms. Further, You agree not to: (1) create any derivative works of the JTEK Trademarks that may create or reasonably imply JTEK’s endorsement, association or sponsorship with your application; (2) use the JTEK Trademarks in such a way that would mislead, deceive or confuse users, including, but not limited to, using or registering any mark that is confusingly similar to any JTEK Trademarks; and (c) challenge JTEK’s ownership of the JTEK Trademarks and You will not take any action inconsistent with this ownership and You will cooperate, at JTEK’s request and expense, in any action (including the conduct of legal proceedings) which JTEK deems necessary or desirable to establish or preserve JTEK’s exclusive rights in, and to, the JTEK Trademarks. All use of the JTEK Trademarks and all goodwill arising out of such use, will inure to JTEK’s benefit.
b. Attribution. You agree to display any attribution(s) required by JTEK as described in the documentation for the JTEK Materials. When you use the JTEK Materials, JTEK hereby grants to you a non-transferable, non-sublicenseable, nonexclusive license while the Terms are in effect to use or display “JTEK” wordmark, so long as you use “for” preceding such use (e.g., “[insert name] for JTEK”).
c. Publicity. You will not make any statement regarding your use of the JTEK Materials which suggests partnership with, sponsorship by, or endorsement by JTEK, without JTEK's prior written approval.
5. Support; Changes; Feedback
a. Support. JTEK may elect to provide you with support or modifications for the JTEK Materials, in its sole discretion, and may terminate such support at any time without notice to you.
b. Changes to the JTEK Materials. JTEK may change, suspend, or discontinue any aspect of the JTEK Materials at any time, including the availability of any JTEK Materials.
c. Feedback. You agree and acknowledge that any feedback that you provide with respect to the JTEK Materials may be used, modified, and/or incorporated into any JTEK products and services without any restriction, obligation or compensation to you.
6. Termination. You may stop using the JTEK Materials at any time, with or without notice to JTEK. JTEK reserves the right to revoke your access to the JTEK Materials for any reason and for any period of time, without notice to you. Upon any termination of the Terms or discontinuation of your access to the JTEK Materials, you will immediately stop using the JTEK Materials, delete any cached or stored content that was permitted or transferred via the JTEK Materials and stop any further distribution or updates of any mobile applications (as may be applicable).
7. Disclaimer, Limitation of Liability, Indemnity.
a. Disclaimer. JTEK does not represent or warrant that any JTEK Materials are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The JTEK Materials are provided "as is" with no warranty, express or implied, of any kind and JTEK expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the JTEK Materials is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any JTEK Materials including, but not limited to, any damage to your computer system or loss of data.
b. Limitation of Liability. JTEK shall not be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages arising out of, or in connection with, use of the JTEK Materials, whether based on tort (including negligence or otherwise), breach of contract, breach of warranty, or any other pecuniary loss, whether or not JTEK has been advised of the possibility of such damages. Under no circumstances shall JTEK be liable to you for any amount.
c. Indemnity. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify JTEK and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third-party claim arising from or in any way related to your use of the JTEK Materials, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. JTEK shall use good faith efforts to provide you with written notice of such claim, suit or action.
a. Confidentiality. Our communications to you and our JTEK Materials may contain JTEK confidential information. JTEK confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement and you will not disclose it to any third party without JTEK's prior written consent. You agree that you will protect this confidential information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care. JTEK confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose JTEK confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
b. Modification to these Terms. JTEK may modify the Terms or any portion to, at any time. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable MATERIALS or to this website. By continuing to access or use the JTEK Materials after modifications or revisions to the Terms become effective, you agree to be bound by the revised or modified Terms.
c. General. These Terms do not create any agency, partnership or joint venture between the parties. Nothing in the Terms will limit either party's ability to seek injunctive relief. JTEK is not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. Any failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision. If any section (or portion of a section) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect. These Terms are governed by the laws of the State of California, excluding its conflict of laws principles. For any dispute relating to these Terms, the parties consent to personal jurisdiction and exclusive venue in San Francisco County, California. These Terms are the entire agreement between you and JTEK relating to its subject and supersede any prior or contemporaneous agreements on that subject.
d. Questions. Questions or comments about these Terms or the JTEK Materials may be directed to email@example.com