Last updated: 11/13/2020
Welcome to Jade! This website is operated by Jade Technology, Inc. (“Jade”, “we”, “our”, “us”). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://jadeapp.io and any service offered through our website (our "Services").
These Terms apply to all visitors, users and others who wish to access or use our Services. If you do not agree with (or cannot comply with) the Agreements, then you may not use our Services.
By using our Services, you agree to receive marketing or promotional materials related to the Services you have purchased (and other Services we think you may be interested in). We will not send you automated marketing messages or subscribe you to our newsletter without your consent. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at email@example.com.
If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some parts of our Service are billed on a subscription basis (“Subscriptions”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”).
Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you (or we) cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. You agree to provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting this payment information, you automatically authorize us to charge all Subscription fees incurred through your account to the payment method(s) provided.
Should automatic billing fail to occur for any reason, we 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.
5. Free Trial
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for a Free Trial. If you do enter your billing information when signing up for a Free Trial, we will not charge you until the Free Trial has expired. On the last day of 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, we reserve the right to:
(i) modify the Terms of Service of a Free Trial offer; or
(ii) cancel such Free Trial offer.
6. Fee Changes
We may, in our sole discretion and at any time, modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to cancel your Subscription before such change becomes effective.
Your continued use of our Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You will be eligible to refund your Purchase for up to 30 days after the original Purchase. To request a refund, please email us at firstname.lastname@example.org.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, visuals, or other material (“Content”).
You are responsible for Content that you post on or through our Services, including its legality, reliability, and appropriateness. By posting Content on or through our Services, You represent and warrant that:
(i) the Content is yours (you own it) or you are licensed to use it (you have permission from the owner to use it;
(ii) you have the right to use the Content and the right to grant us the rights and license as provided in these Terms; and
(iii) that the posting of the Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We take no responsibility and assume no liability for Content you or any third party posts on or through our Services. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through our Services and you are responsible for protecting those rights. However, by posting Content using our Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Services. We have the right (but not the obligation) to monitor and edit all Content provided by users.
We are the owner or licensee of Content found on or through our Services. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
9. Prohibited Uses
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:
(i) in any way that violates any applicable national or international law or regulation;
(ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
(iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letters,” “spam,” or any other similar solicitation;
(iv) to impersonate or attempt to impersonate Jade, a Jade employee, another user, or any other person or entity;
(v) in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which we determine, in our sole discretion, may harm or offend Jade or users of our Services or expose them to liability.
Additionally, you agree not to:
(i) use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other user's use of our Services, including their ability to engage in real time activities through our Services;
(ii) use any robot, spider, or other automatic device, process, or similar means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
(iii) use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent;
(iv) use any device, software, or routine that interferes with the proper working of our Services;
(v) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
(vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services;
(vii) attack our Services via a denial-of-service attack or a distributed denial-of-service attack;
(viii) take any action that may damage our reputation or falsify information about us; or
(ix) otherwise attempt to interfere with the proper working of our Services.
We may use third-party service providers to monitor and analyze your use of our Services.
Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
11. No Use By Minors
Our Services are intended only for access and use by individuals who are at least 18 years old. By accessing or using any of our Services, you warrant and represent that you are at least 18 years of old and have the full authority, right, and capacity to enter into the Agreements and abide by all of the terms and conditions of the Terms. If you are not at least 18 years old, you are prohibited from both the access and use of our Services.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on with us.
You are responsible for maintaining the confidentiality of your account details and password. You agree to accept responsibility for any and all activities or actions that occur through your account. If you become aware of any breach of security or unauthorized use of your account, you must notify us immediately.
You may not use as a username:
(i) the name of another person or entity;
(ii) a username that is not lawfully available for use;
(iii) another person or entity's trademark or other intellectual property rights without appropriate authorization; or
(iv) any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
13. Intellectual Property
Our Services and their features, functionality, and original content (excluding Content provided by users) are and will remain the exclusive property of Jade Technology, Inc. and its licensors. Our Services are protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jade Technology, Inc.
14. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Services infringes the copyright or other intellectual property rights of any person or entity.
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, please submit your claim via email to email@example.com, with the subject line “Copyright Infringement” and include a detailed description of the alleged infringement as detailed under the “DMCA Notice and Procedure for Copyright Infringement Claims” below.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and 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):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(ii) a description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work;
(iii) identification of the URL or other specific location on our Services where the material that you claim is infringing is located;
(iv) your address, telephone number, and email address;
(v) 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; and
(vi) 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 firstname.lastname@example.org.
15. Error Reporting and Feedback
You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
(i) you will not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) we may have development ideas similar to the Feedback;
(iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) we are not under any obligation of confidentiality with respect to the Feedback.
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Jade and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.
16. Links To Other Websites
Our Services may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party website or services. We do not endorse the offerings of these websites or the associated individuals or entities.
You acknowledge and agree that we will 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 content, goods, or services available on or through any third party website or services.
We strongly advise you to read the terms of service and privacy policies of any third party website or services that you visit.
17. Disclaimer Of Warranty
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER JADE NOR ANY PERSON ASSOCIATED WITH JADE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER JADE NOR ANYONE ASSOCIATED WITH JADE REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF JADE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF JADE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may do so via your account settings or by emailing us at firstname.lastname@example.org.
All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
20. Changes to our Services and Terms
We reserve the right to withdraw or amend our Services, and any service or material we provide via our Services, in our sole discretion without notice.
From time to time, we may restrict access to some parts of our Services, or the entire Service, to users, including registered users. We will not be liable if for any reason any part of our Service is unavailable at any time or for any period.
We may amend these Terms at any time by posting the amended terms on this page. It is your responsibility to review these Terms periodically. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.
These Terms will be governed and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between you and us regarding our Services and supersede and replace any prior agreements we might have had between us regarding our Services.
22. Contact Us
Please send your questions, comments, feedback, and requests for technical support to email@example.com.